Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022

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. That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2022, and for other purposes, namely: I Department of Transportation Office of the Secretary SALARIES AND EXPENSES For necessary expenses of the Office of the Secretary, $140,948,000, of which not to exceed $3,513,000 shall be available for the immediate Office of the Secretary; not to exceed $1,254,000 shall be available for the immediate Office of the Deputy Secretary; not to exceed $25,352,000 shall be available for the Office of the General Counsel; not to exceed $14,069,000 shall be available for the Office of the Under Secretary of Transportation for Policy; not to exceed $18,291,000 shall be available for the Office of the Assistant Secretary for Budget and Programs; not to exceed $3,791,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $34,899,000 shall be available for the Office of the Assistant Secretary for Administration; not to exceed $3,095,000 shall be available for the Office of Public Affairs; not to exceed $2,116,000 shall be available for the Office of the Executive Secretariat; not to exceed $14,821,000 shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $19,747,000 shall be available for the Office of the Chief Information Officer: Provided Secretary Provided further Provided further Provided further Provided further Provided further RESEARCH AND TECHNOLOGY For necessary expenses related to the Office of the Assistant Secretary for Research and Technology, $48,363,000, of which $44,718,000 shall remain available until expended: Provided Provided further NATIONAL INFRASTRUCTURE INVESTMENTS (INCLUDING TRANSFER OF FUNDS) For capital investments in surface transportation infrastructure, $1,090,000,000 to remain available until September 30, 2025: Provided Provided further chapter 53 Provided further Provided further Provided further chapter 6 Public Law 94–210 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further chapter 31 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further BUILDING RESILIENT INFRASTRUCTURE THROUGH INNOVATIVE SOLUTIONS (INCLUDING TRANSFER OF FUNDS) For capital investments to improve the resilience of coastal transportation infrastructure vulnerable to current and future weather events and natural disasters, including sea level rise, coastal erosion, extreme weather, earthquakes, flooding, and permafrost thaw, $300,000,000, to remain available until expended: Provided Provided further Provided further chapter 53 Provided further Provided further National Infrastructure Investments Provided further Provided further Provided further chapter 31 Provided further Provided further SAFE AND ACCESSIBLE ROADWAYS FOR ALL (INCLUDING TRANSFER OF FUNDS) For necessary expenses to carry out a safe and accessible roadways for all grant program to support local initiatives to prevent death and serious injury for all users on all public roads and streets, $50,000,000, to remain available until September 30, 2025: Provided Provided further Provided further Provided further Provided further Provided further Provided further National Infrastructure Investments Provided further Provided further Provided further Provided further chapter 31 Provided further Provided further NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU For necessary expenses of the National Surface Transportation and Innovative Finance Bureau as authorized by 49 U.S.C. 116 Provided Provided further Provided further RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM The Secretary is authorized to issue direct loans and loan guarantees pursuant to sections 501 through 504 of the Railroad Revitalization and Regulatory Reform Act of 1976 ( Public Law 94–210 FINANCIAL MANAGEMENT CAPITAL For necessary expenses for upgrading and enhancing the Department of Transportation's financial systems and re-engineering business processes, $5,000,000, to remain available through September 30, 2023. CYBER SECURITY INITIATIVES For necessary expenses for cyber security initiatives, including necessary upgrades to network and information technology infrastructure, improvement of identity management and authentication capabilities, securing and protecting data, implementation of Federal cyber security initiatives, and implementation of enhanced security controls on agency computers and mobile devices, $39,440,000, to remain available until September 30, 2023. OFFICE OF CIVIL RIGHTS For necessary expenses of the Office of Civil Rights, $11,564,000. TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT (INCLUDING TRANSFER OF FUNDS) For necessary expenses for conducting transportation planning, research, systems development, development activities, and making grants, $30,413,000, to remain available until expended: Provided Provided further Provided further Provided further Incorporation of Congressionally Directed Spending for Transportation Planning, Research, and Development WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For necessary expenses for operating costs and capital outlays of the Working Capital Fund, not to exceed $419,173,000, shall be paid from appropriations made available to the Department of Transportation: Provided Provided further Provided further Provided further SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH For necessary expenses for small and disadvantaged business utilization and outreach activities, $4,977,000, to remain available until September 30, 2023: Provided Provided further Office of the Secretary—Minority Business Resource Center Program PAYMENTS TO AIR CARRIERS (AIRPORT AND AIRWAY TRUST FUND) In addition to funds made available from any other source to carry out the essential air service program under sections 41731 through 41742 of title 49, United States Code, $317,700,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided Provided further Provided further Provided further ELECTRIC VEHICLE FLEET (INCLUDING TRANSFER OF FUNDS) For necessary expenses to transition to the General Services Administration’s leased vehicle fleet, for the purchase of electric passenger motor vehicles, and to provide necessary charging infrastructure, $11,000,000, to remain available until expended: Provided Provided further ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF TRANSPORTATION 101. None of the funds made available by this Act to the Department of Transportation may be obligated for the Office of the Secretary of Transportation to approve assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this Act, except for activities underway on the date of enactment of this Act, unless such assessments or agreements have completed the normal reprogramming process for congressional notification. 102. The Secretary shall post on the web site of the Department of Transportation a schedule of all meetings of the Council on Credit and Finance, including the agenda for each meeting, and require the Council on Credit and Finance to record the decisions and actions of each meeting. 103. In addition to authority provided by section 327 of title 49, United States Code, the Department’s Working Capital Fund is authorized to provide partial or full payments in advance and accept subsequent reimbursements from all Federal agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass transportation fringe benefit program under Executive Order No. 13150 and section 3049 of SAFETEA–LU ( 5 U.S.C. 7905 Provided Provided further Provided further 104. Receipts collected in the Department’s Working Capital Fund, as authorized by section 327 of title 49, United States Code, for unused van pool benefits, in an amount not to exceed 10 percent of fiscal year 2022 collections, shall be available until expended in the Department’s Working Capital Fund to provide contractual services in support of section 190 of this Act: Provided 105. None of the funds in this Act may be obligated or expended for retention or senior executive bonuses for an employee of the Department of Transportation without the prior written approval of the Assistant Secretary for Administration. 106. In addition to authority provided by section 327 of title 49, United States Code, the Department's Administrative Working Capital Fund is hereby authorized to transfer information technology equipment, software, and systems from Departmental sources or other entities and collect and maintain a reserve at rates which will return full cost of transferred assets. 107. None of the funds provided in this Act to the Department of Transportation may be used to provide credit assistance unless not less than 3 days before any application approval to provide credit assistance under sections 603 and 604 of title 23, United States Code, the Secretary provides notification in writing to the following committees: the House and Senate Committees on Appropriations; the Committee on Environment and Public Works and the Committee on Banking, Housing and Urban Affairs of the Senate; and the Committee on Transportation and Infrastructure of the House of Representatives: Provided 108. For an additional amount for Railroad Rehabilitation and Improvement Financing Program Public Law 94–210 Provided 109. Section 312(a) of title 49 United States Code, shall be modified by striking land-based, operation of a Federal Aviation Administration OPERATIONS (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including operations and research activities related to commercial space transportation, administrative expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance of aircraft, subsidizing the cost of aeronautical charts and maps sold to the public, the lease or purchase of passenger motor vehicles for replacement only, $11,434,100,000, to remain available until September 30, 2023, of which $8,434,100,000 to be derived from the Airport and Airway Trust Fund: Provided (1) not less than $1,536,298,000 shall be available for aviation safety activities; (2) $8,489,585,000 shall be available for air traffic organization activities; (3) $32,470,000 shall be available for commercial space transportation activities; (4) $892,216,000 shall be available for finance and management activities; (5) $63,955,000 shall be available for NextGen and operations planning activities; (6) $139,466,000 shall be available for security and hazardous materials safety; and (7) $280,110,000 shall be available for staff offices: Provided further Provided further Provided further Provided further 49 U.S.C. 40101 Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further FACILITIES AND EQUIPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by contract or purchase, and hire of national airspace systems and experimental facilities and equipment, as authorized under part A of subtitle VII of title 49, United States Code, including initial acquisition of necessary sites by lease or grant; engineering and service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available; and the purchase, lease, or transfer of aircraft from funds made available under this heading, including aircraft for aviation regulation and certification; to be derived from the Airport and Airway Trust Fund, $3,200,000,000, of which $550,000,000 shall remain available until September 30, 2023, $2,264,280,200 shall remain available until September 30, 2024, and $385,719,800 shall remain available until September 30, 2028: Provided Provided further RESEARCH, ENGINEERING, AND DEVELOPMENT (AIRPORT AND AIRWAY TRUST FUND) For necessary expenses, not otherwise provided for, for research, engineering, and development, as authorized under part A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites by lease or grant, $258,500,000, to be derived from the Airport and Airway Trust Fund and to remain available until September 30, 2024: Provided Provided further Provided further Provided further Provided further GRANTS-IN-AID FOR AIRPORTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (AIRPORT AND AIRWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning and programs as authorized under subchapter I of chapter 471 and subchapter I of chapter 475 Provided Provided further Provided further Provided further Office of the Secretary, Salaries and Expenses Provided further GRANTS-IN-AID FOR AIRPORTS For an additional amount for Grants-In-Aid for Airports chapter 475 Provided chapter 471 Provided further Incorporation of Congressionally Directed Spending for Airport Improvement Program Provided further Provided further Provided further ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION 110. None of the funds made available by this Act may be used to compensate in excess of 600 technical staff-years under the federally funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation Systems Development during fiscal year 2022. 111. None of the funds made available by this Act shall be used to pursue or adopt guidelines or regulations requiring airport sponsors to provide to the Federal Aviation Administration without cost building construction, maintenance, utilities and expenses, or space in airport sponsor-owned buildings for services relating to air traffic control, air navigation, or weather reporting: Provided below-market 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy section 41742(a)(1) of title 49, United States Code, from fees credited under section 45303 of title 49, United States Code, and any amount remaining in such account at the close of any fiscal year may be made available to satisfy section 41742(a)(1) of title 49, United States Code, for the subsequent fiscal year. 113. Amounts collected under section 40113(e) of title 49, United States Code, shall be credited to the appropriation current at the time of collection, to be merged with and available for the same purposes as such appropriation. 114. None of the funds made available by this Act shall be available for paying premium pay under section 5546(a) of title 5, United States Code, to any Federal Aviation Administration employee unless such employee actually performed work during the time corresponding to such premium pay. 115. None of the funds made available by this Act may be obligated or expended for an employee of the Federal Aviation Administration to purchase a store gift card or gift certificate through use of a Government-issued credit card. 116. Notwithstanding any other provision of law, none of the funds made available under this Act or any prior Act may be used to implement or to continue to implement any limitation on the ability of any owner or operator of a private aircraft to obtain, upon a request to the Administrator of the Federal Aviation Administration, a blocking of that owner's or operator's aircraft registration number, Mode S transponder code, flight identification, call sign, or similar identifying information from any ground based display to the public that would allow the real-time or near real-time flight tracking of that aircraft’s movements, except data made available to a Government agency, for the noncommercial flights of that owner or operator. 117. None of the funds made available by this Act shall be available for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration. 118. None of the funds made available by this Act may be used to increase fees pursuant to section 44721 of title 49, United States Code, until the Federal Aviation Administration provides to the House and Senate Committees on Appropriations a report that justifies all fees related to aeronautical navigation products and explains how such fees are consistent with Executive Order No. 13642. 119. None of the funds made available by this Act may be used to close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies the House and Senate Committees on Appropriations not less than 90 full business days in advance. 119A. None of the funds made available by or limited by this Act may be used to change weight restrictions or prior permission rules at Teterboro airport in Teterboro, New Jersey. 119B. None of the funds made available by this Act may be used by the Administrator of the Federal Aviation Administration to withhold from consideration and approval any new application for participation in the Contract Tower Program, or for reevaluation of Cost-share Program participants so long as the Federal Aviation Administration has received an application from the airport, and so long as the Administrator determines such tower is eligible using the factors set forth in Federal Aviation Administration published establishment criteria. 119C. None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or the technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act. 119D. The Federal Aviation Administration Administrative Services Franchise Fund may be reimbursed after performance or paid in advance from funds available to the Federal Aviation Administration and other Federal agencies for which the Fund performs services. 119E. Of the funds provided under the heading Grants-in-aid for Airports Provided Provided further Provided further 119F. In this fiscal year and each fiscal year thereafter, none of the funds appropriated or otherwise made available to the FAA may be used to carry out the FAA’s obligations under section 44502(e) of title 49, United States Code, unless the eligible air traffic system or equipment to be transferred to the FAA under section 44502(e) of title 49, United States Code, was purchased by the transferor airport— (1) during the period of time beginning on October 5, 2018 and ending on December 31, 2021; or (2) on or after January 1, 2022 for transferor airports located in a non-contiguous states. Federal Highway Administration LIMITATION ON ADMINISTRATIVE EXPENSES (HIGHWAY TRUST FUND) (INCLUDING TRANSFER OF FUNDS) Not to exceed $492,000,000 together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration: Provided FEDERAL-AID HIGHWAYS (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) Funds available for the implementation or execution of Federal-aid highway and highway safety construction programs authorized under titles 23 and 49, United States Code, and the provisions of the Fixing America's Surface Transportation (FAST) Act ( Public Law 114–94 (LIQUIDATION OF CONTRACT AUTHORIZATION) (HIGHWAY TRUST FUND) For the payment of obligations incurred in carrying out Federal-aid highway and highway safety construction programs authorized under title 23, United States Code, $47,104,092,000 derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. HIGHWAY INFRASTRUCTURE PROGRAMS (INCLUDING TRANSFER OF FUNDS) There is hereby appropriated to the Secretary $2,839,611,000: Provided Federal-aid Highways chapter 1 Public Law 102–240 40 U.S.C. 15101 et seq. Provided further Public Law 114–94 Provided further Provided further (1) $499,611,000 shall be made available for the purposes, and in the amounts, specified for Congressionally directed spending in the table entitled Incorporation of Congressionally Directed Spending for Highway Infrastructure Programs (2) $640,680,000 shall be for activities eligible under section 133(b) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code; (3) $2,670,000 shall be for activities eligible under the Puerto Rico Highway Program as described in section 165(b)(2)(C) of title 23, United States Code; (4) $650,000 shall be for activities eligible under the Territorial Highway Program, as described in section 165(c)(6) of title 23, United States Code; (5) $100,000,000 shall be for the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act; (6) $1,345,000,000 shall be for a bridge replacement and rehabilitation program; (7) $125,000,000 shall be for a competitive highway bridge program; (8) $100,000,000 shall be for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102–240 (9) $16,000,000 shall be for the national scenic byways program under section 162 of title 23, United States Code; and (10) $10,000,000 shall be transferred to the Northern Border Regional Commission ( 40 U.S.C. 15101 et seq. Provided further State Provided further Provided further Provided further chapter 2 Provided further Provided further Provided further Provided further Provided further State qualifying State Provided further Provided further Provided further (1) no qualifying State shall receive more than $60,000,000; (2) each State shall receive an amount not less than $6,000,000; and (3) after calculating the distribution of funds pursuant to the preceding proviso, any amount in excess of $60,000,000 shall be redistributed equally among each State that does not meet the definition of a qualifying State: Provided further chapter 1 Provided further Provided further Provided further Provided further Provided further Appalachian State Provided further Provided further Provided further Provided further Provided further Provided further Provided further ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION 120. (a) For fiscal year 2022, the Secretary of Transportation shall— (1) not distribute from the obligation limitation for Federal-aid highways— (A) amounts authorized for administrative expenses and programs by section 104(a) of title 23, United States Code; and (B) amounts authorized for the Bureau of Transportation Statistics; (2) not distribute an amount from the obligation limitation for Federal-aid highways that is equal to the unobligated balance of amounts— (A) made available from the Highway Trust Fund (other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202 or 204 of title 23, United States Code); and (B) for which obligation limitation was provided in a previous fiscal year; (3) determine the proportion that— (A) the obligation limitation for Federal-aid highways, less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to (B) the total of the sums authorized to be appropriated for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1) through (11) of subsection (b) and sums authorized to be appropriated for section 119 of title 23, United States Code, equal to the amount referred to in subsection (b)(12) for such fiscal year), less the aggregate of the amounts not distributed under paragraphs (1) and (2) of this subsection; (4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by the Secretary under the Fixing America's Surface Transportation Act and title 23, United States Code, or apportioned by the Secretary under sections 202 or 204 of that title, by multiplying— (A) the proportion determined under paragraph (3); by (B) the amounts authorized to be appropriated for each such program for such fiscal year; and (5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion that— (A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to each State for such fiscal year; bears to (B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title 23, United States Code, to all States for such fiscal year. (b) Exceptions from obligation limitation The obligation limitation for Federal-aid highways shall not apply to obligations under or for— (1) section 125 of title 23, United States Code; (2) section 147 of the Surface Transportation Assistance Act of 1978 ( 23 U.S.C. 144 (3) section 9 of the Federal-Aid Highway Act of 1981 (95 Stat. 1701); (4) subsections (b) and (j) of section 131 of the Surface Transportation Assistance Act of 1982 (96 Stat. 2119); (5) subsections (b) and (c) of section 149 of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (101 Stat. 198); (6) sections 1103 through 1108 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 2027); (7) section 157 of title 23, United States Code (as in effect on June 8, 1998); (8) section 105 of title 23, United States Code (as in effect for fiscal years 1998 through 2004, but only in an amount equal to $639,000,000 for each of those fiscal years); (9) Federal-aid highway programs for which obligation authority was made available under the Transportation Equity Act for the 21st Century (112 Stat. 107) or subsequent Acts for multiple years or to remain available until expended, but only to the extent that the obligation authority has not lapsed or been used; (10) section 105 of title 23, United States Code (as in effect for fiscal years 2005 through 2012, but only in an amount equal to $639,000,000 for each of those fiscal years); (11) section 1603 of SAFETEA–LU ( 23 U.S.C. 118 (12) section 119 of title 23, United States Code (but, for each of fiscal years 2013 through 2022, only in an amount equal to $639,000,000). (c) Redistribution of unused obligation authority Notwithstanding subsection (a), the Secretary shall, after August 1 of such fiscal year— (1) revise a distribution of the obligation limitation made available under subsection (a) if an amount distributed cannot be obligated during that fiscal year; and (2) redistribute sufficient amounts to those States able to obligate amounts in addition to those previously distributed during that fiscal year, giving priority to those States having large unobligated balances of funds apportioned under sections 144 (as in effect on the day before the date of enactment of Public Law 112–141 (d) Applicability of obligation limitations to transportation research programs (1) In general Except as provided in paragraph (2), the obligation limitation for Federal-aid highways shall apply to contract authority for transportation research programs carried out under— (A) chapter 5 (B) title VI of the Fixing America's Surface Transportation Act. (2) Exception Obligation authority made available under paragraph (1) shall— (A) remain available for a period of 4 fiscal years; and (B) be in addition to the amount of any limitation imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years. (e) Redistribution of certain authorized funds (1) In general Not later than 30 days after the date of distribution of obligation limitation under subsection (a), the Secretary shall distribute to the States any funds (excluding funds authorized for the program under section 202 of title 23, United States Code) that— (A) are authorized to be appropriated for such fiscal year for Federal-aid highway programs; and (B) the Secretary determines will not be allocated to the States (or will not be apportioned to the States under section 204 of title 23, United States Code), and will not be available for obligation, for such fiscal year because of the imposition of any obligation limitation for such fiscal year. (2) Ratio Funds shall be distributed under paragraph (1) in the same proportion as the distribution of obligation authority under subsection (a)(5). (3) Availability Funds distributed to each State under paragraph (1) shall be available for any purpose described in section 133(b) of title 23, United States Code. 121. Notwithstanding 31 U.S.C. 3302 chapter 63 Provided 122. Not less than 15 days prior to waiving, under his or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall make an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided 123. None of the funds made available in this Act may be used to make a grant for a project under section 117 of title 23, United States Code, unless the Secretary, at least 60 days before making a grant under that section, provides written notification to the House and Senate Committees on Appropriations of the proposed grant, including an evaluation and justification for the project and the amount of the proposed grant award: Provided 124. (a) A State or territory, as defined in section 165 of title 23, United States Code, may use for any project eligible under section 133(b) of title 23 or section 165 of title 23 and located within the boundary of the State or territory any earmarked amount, and any associated obligation limitation: Provided (b) In this section, the term earmarked amount (1) congressionally directed spending, as defined in rule XLIV of the Standing Rules of the Senate, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration; or (2) a congressional earmark, as defined in rule XXI of the Rules of the House of Representatives, identified in a prior law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal years prior to the current fiscal year, and administered by the Federal Highway Administration. (c) The authority under subsection (a) may be exercised only for those projects or activities that have obligated less than 10 percent of the amount made available for obligation as of October 1 of the current fiscal year, and shall be applied to projects within the same general geographic area within 25 miles for which the funding was designated, except that a State or territory may apply such authority to unexpended balances of funds from projects or activities the State or territory certifies have been closed and for which payments have been made under a final voucher. (d) The Secretary shall submit consolidated reports of the information provided by the States and territories annually to the House and Senate Committees on Appropriations. 125. Until final guidance is published, the Administrator of the Federal Highway Administration shall adjudicate requests for Buy America waivers under the criteria that were in effect prior to April 17, 2018. 126. Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 clauses (i) and (iv) of subsection(c)(38)(A), subsection (c)(37), Federal Motor Carrier Safety Administration MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the implementation, execution and administration of motor carrier safety operations and programs pursuant to section 31110 of title 49, United States Code, as amended by the Fixing America's Surface Transportation Act ( Public Law 114–94 Provided Motor Carrier Safety Operations and Programs MOTOR CARRIER SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out sections 31102, 31103, 31104, and 31313 of title 49, United States Code, as amended by the Fixing America's Surface Transportation Act ( Public Law 114–94 Provided Motor Carrier Safety Grants Provided further (1) $308,700,000 shall be available for the motor carrier safety assistance program; (2) $33,200,000 shall be available for the commercial driver's license program implementation program; (3) $49,900,000 shall be available for the high priority activities program, of which $5,000,000 is to be made available from prior year unobligated contract authority provided for Motor Carrier Safety Grants in the Transportation Equity Act for the 21st Century ( Public Law 105–178 Public Law 109–59 (4) $2,000,000 shall be made available for the commercial motor vehicle operators grant program, of which $1,000,000 is to be made available from prior year unobligated contract authority provided for Motor Carrier Safety Grants in the Transportation Equity Act for the 21st Century ( Public Law 105–178 Public Law 109–59 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 130. The Federal Motor Carrier Safety Administration shall update annual inspection regulations under Appendix G to subchapter B of chapter III of title 49, Code of Federal Regulations, as recommended by GAO–19–264. 131. None of the funds appropriated or otherwise made available to the Department of Transportation by this Act or any other Act may be obligated or expended to implement, administer, or enforce the requirements of section 31137 of title 49, United States Code, or any regulation issued by the Secretary pursuant to such section, with respect to the use of electronic logging devices by operators of commercial motor vehicles, as defined in section 31132(1) of such title, transporting livestock as defined in section 602 of the Emergency Livestock Feed Assistance Act of 1988 ( 7 U.S.C. 1471 National Highway Traffic Safety Administration OPERATIONS AND RESEARCH For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under chapter 301 and part C of subtitle VI of title 49, United States Code, $220,550,000, of which $40,000,000 shall remain available through September 30, 2023. OPERATIONS AND RESEARCH (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out the provisions of section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, section 4011 of the Fixing America’s Surface Transportation Act ( Public Law 114–94 chapter 303 Provided Provided further (1) $149,800,000 shall be for programs authorized under section 403 of title 23, United States Code, including behavioral research on Automated Driving Systems and Advanced Driver Assistance Systems and improving consumer responses to safety recalls, and section 4011 of the Fixing America’s Surface Transportation Act ( Public Law 114–94 (2) $5,500,000 shall be for the National Driver Register authorized under chapter 303 Provided further Provided further HIGHWAY TRAFFIC SAFETY GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in carrying out provisions of sections 402, 404, and 405 of title 23, United States Code, and grant administration expenses under chapter 4 Provided chapter 4 Provided further (1) $279,800,000 shall be for Highway Safety Programs (2) $285,900,000 shall be for National Priority Safety Programs (3) $30,500,000 shall be for the High Visibility Enforcement Program (4) $26,817,000 shall be for grant administrative expenses under chapter 4 Provided further Provided further National Priority Safety Programs Impaired Driving Countermeasures Provided further Transfers Provided further ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 140. An additional $130,000 shall be made available to the National Highway Traffic Safety Administration, out of the amount limited for section 402 of title 23, United States Code, to pay for travel and related expenses for State management reviews and to pay for core competency development training and related expenses for highway safety staff. 141. The limitations on obligations for the programs of the National Highway Traffic Safety Administration set in this Act shall not apply to obligations for which obligation authority was made available in previous public laws but only to the extent that the obligation authority has not lapsed or been used. 142. None of the funds in this Act or any other Act shall be used to enforce the requirements of section 405(a)(9) of title 23, United States Code. Federal Railroad Administration SAFETY AND OPERATIONS For necessary expenses of the Federal Railroad Administration, not otherwise provided for, $242,757,000, of which $25,000,000 shall remain available until expended: Provided RAILROAD RESEARCH AND DEVELOPMENT For necessary expenses for railroad research and development, $41,000,000, to remain available until expended. FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR For necessary expenses related to Federal-State Partnership for State of Good Repair Grants as authorized by section 24911 of title 49, United States Code, $220,000,000, to remain available until expended: Provided Provided further CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS (INCLUDING TRANSFER OF FUNDS) For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements Grants, as authorized by section 22907 of title 49, United States Code, $522,860,000, to remain available until expended: Provided Provided further chapter 53 Provided further Provided further Provided further Provided further Incorporation of Congressionally Directed Spending, for Consolidated Rail Infrastructure and Safety Improvements Provided further Provided further RESTORATION AND ENHANCEMENT For necessary expenses related to Restoration and Enhancement Grants, as authorized by section 24408 of title 49, United States Code, $2,000,000, to remain available until expended: Provided Provided further Public Law 110–432 Provided further NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 11101(a) of the Fixing America’s Surface Transportation Act (division A of Public Law 114–94 Provided National Network Grants to the National Railroad Passenger Corporation Public Law 114–94 Provided further Public Law 114–94 Provided further National Network Grants to the National Railroad Passenger Corporation Provided further National Network Grants to the National Railroad Passenger Corporation NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION To enable the Secretary of Transportation to make grants to the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 11101(b) of the Fixing America’s Surface Transportation Act (division A of Public Law 114–94 Provided Provided further Provided further Provided further ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION (INCLUDING RESCISSIONS) 150. None of the funds made available to the National Railroad Passenger Corporation may be used to fund any overtime costs in excess of $35,000 for any individual employee: Provided Provided further Provided further 151. None of the funds made available to the National Railroad Passenger Corporation under the headings Northeast Corridor Grants to the National Railroad Passenger Corporation National Network Grants to the National Railroad Passenger Corporation 152. None of the funds made available by this Act may be used by the National Railroad Passenger Corporation in contravention of the Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq. 153. Of the unobligated balances of funds remaining from— (1) Railroad Safety Grants (A) Public Law 105–277 a total of $7,052.79 under the heading Railroad Safety (B) Public Law 113–235 a total of $190,265.91 from section 153 under the heading Administrative Provisions—Federal Railroad Administration (C) Public Law 114–113 a total of $1,518,095.64; and (2) Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service Public Law 111–117 154. It is the sense of Congress that— (1) long-distance passenger rail routes provide much-needed transportation access for 4,700,000 riders in 325 communities in 40 States and are particularly important in rural areas; and (2) long-distance passenger rail routes and services should be sustained to ensure connectivity throughout the National Network (as defined in section 24102 of title 49, United States Code). Federal Transit Administration ADMINISTRATIVE EXPENSES For necessary administrative expenses of the Federal Transit Administration's programs authorized by chapter 53 Provided TRANSIT FORMULA GRANTS (LIQUIDATION OF CONTRACT AUTHORIZATION) (LIMITATION ON OBLIGATIONS) (HIGHWAY TRUST FUND) For payment of obligations incurred in the Federal Public Transportation Assistance Program in this account, and for payment of obligations incurred in carrying out the provisions of 49 U.S.C. 5305 Public Law 112–141 Provided 49 U.S.C. 5305 Public Law 112–141 Provided further TRANSIT INFRASTRUCTURE GRANTS For an additional amount for buses and bus facilities grants under section 5339 of title 49, United States Code, low or no emission grants under section 5339(c) of such title, formula grants to rural areas under section 5311 of such title, high density state apportionments under section 5340(d) of such title, state of good repair grants under section 5337 of such title, ferry boats grants under section 5307(h) of such title, bus testing facilities under section 5318 of such title, grants to areas of persistent poverty, innovative mobility solutions grants under section 5312 of such title, and accelerating innovative mobility initiative grants under section 5312 such title, $756,998,000, to remain available until expended: Provided (1) $300,000,000 shall be available for the buses and bus facilities grants as authorized under section 5339 of such title, of which $200,000,000 shall be available for the buses and bus facilities formula grants as authorized under section 5339(a) of such title, and $100,000,000 shall be available for buses and bus facilities competitive grants as authorized under section 5339(b) of such title; (2) $132,000,000 shall be available for the low or no emission grants as authorized under section 5339(c) of such title: Provided (3) $45,000,000 shall be available for formula grants for rural areas as authorized under section 5311 of such title; (4) $45,000,000 shall be available for the high density state apportionments as authorized under section 5340(d) of such title; (5) $45,000,000 shall be available for state of good repair grants as authorized under section 5337 of such title; (6) $13,000,000 shall be available for ferry boat grants as authorized under section 5307(h) of such title: Provided (7) $2,000,000 shall be available for the operation and maintenance of the bus testing facilities selected under section 5318 of such title; (8) $20,000,000 shall be available for competitive grants to eligible entities to assist areas of persistent poverty or disadvantaged communities as defined in section 193 of this Act: Provided chapter 53 Provided further Provided further Provided further Provided further Provided further (9) $1,000,000 shall be available for the demonstration and deployment of innovative mobility solutions as authorized under section 5312 of title 49, United States Code: Provided Provided further (10) $1,000,000 shall be for the accelerating innovative mobility initiative as authorized under section 5312 of title 49, United States Code: Provided (11) $152,998,000 shall be made available for the purposes, and in amounts, specified for Congressionally directed spending in the table entitled Incorporation of Congressionally Directed Spending for Transit Infrastructure Grants Provided further Provided further Provided further Provided further TECHNICAL ASSISTANCE AND TRAINING For necessary expenses to carry out section 5314 of title 49, United States Code, $7,500,000, to remain available until September 30, 2023, of which not less than $1,500,000 shall be for a cooperative agreement through which the Federal Transit Administration assists small-urban, rural and tribal public transit recipients and planning organizations with applied innovation and capacity-building: Provided CAPITAL INVESTMENT GRANTS For necessary expenses to carry out fixed guideway capital investment grants under section 5309 of title 49, United States Code, and section 3005(b) of the Fixing America's Surface Transportation Act ( Public Law 114–94 Provided Provided further Provided further Provided further Provided further GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY For grants to the Washington Metropolitan Area Transit Authority as authorized under section 601 of division B of the Passenger Rail Investment and Improvement Act of 2008 ( Public Law 110–432 Provided Provided further Provided further Public Law 110–432 TRANSIT RESEARCH For necessary expenses to carry out section 5312 of title 49, United States Code, $18,000,000, to remain available until September 30, 2024. ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION (INCLUDING RESCISSIONS) 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338 161. Notwithstanding any other provision of law, funds appropriated or limited by this Act under the heading Capital Investment Grants 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2021, under any section of chapter 53 163. None of the funds made available by this Act or any other Act shall be used to adjust apportionments or withhold funds from apportionments pursuant to section 9503(e)(4) 26 U.S.C. 9503(e)(4) 164. An eligible recipient of a grant under section 5339(c) may submit an application in partnership with other entities, including a transit vehicle manufacturer, that intend to participate in the implementation of a project under section 5339(c) of title 49, United States Code, and a project awarded with such partnership shall be treated as satisfying the requirement for a competitive procurement under section 5325(a) of title 49, United States Code, for the named entity. 165. None of the funds made available by this Act or any other Act shall be used to impede or hinder project advancement or approval for any project seeking a Federal contribution from the capital investment grant program of greater than 40 percent of project costs as authorized under section 5309 of title 49, United States Code. 166. None of the funds made available in this Act may be used by the Department of Transportation to implement any policy that requires a capital investment grant project to receive a medium or higher project rating before taking actions to finalize an environmental impact statement. 167. Of the unobligated amounts made available for prior fiscal years to Formula Grants in Treasury Account 69–X–1129, a total of $6,734,356 are hereby permanently rescinded: Provided 168. Any unexpended balances from amounts previously appropriated for low or no emission vehicle component assessment under 49 U.S.C. 5312(h) Transit Formula Grants Transit Infrastructure Grants Great Lakes St. Lawrence Seaway Development Corporation The Great Lakes St. Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to the Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations, as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the programs set forth in the Corporation’s budget for the current fiscal year. OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND) For necessary expenses to conduct the operations, maintenance, and capital infrastructure activities on portions of the Saint Lawrence Seaway owned, operated, and maintained by the Great Lakes St. Lawrence Seaway Development Corporation, $37,700,000, to be derived from the Harbor Maintenance Trust Fund, pursuant to section 210 of the Water Resources Development Act of 1986 ( 33 U.S.C. 2238 Provided Maritime Administration MARITIME SECURITY PROGRAM (INCLUDING RESCISSION) For necessary expenses to maintain and preserve a U.S.-flag merchant fleet as authorized under chapter 531 Provided CABLE SECURITY FLEET For the cable security fleet program, as authorized under chapter 532 TANKER SECURITY PROGRAM For the tanker security fleet program, as authorized under section 53406 of title 46, United States Code, $60,000,000, to remain available until expended. OPERATIONS AND TRAINING (INCLUDING TRANSFER OF FUNDS) For necessary expenses of operations and training activities authorized by law, $172,204,000: Provided (1) $85,032,000, to remain available until September 30, 2023, shall be for the operations of the United States Merchant Marine Academy; (2) $5,500,000, to remain available until expended, shall be for facilities maintenance and repair, and equipment, at the United States Merchant Marine Academy; (3) $10,000,000, to remain available until September 30, 2023, shall be for the Maritime Environmental and Technical Assistance program authorized under section 50307 of title 46, United States Code; and (4) $10,819,000, to remain available until expended, shall be for the America’s Marine Highways Program to make grants for the purposes authorized under paragraphs (1) and (3) of section 55601(b) of title 46, United States Code: Provided further 46 U.S.C. 51318 Provided further STATE MARITIME ACADEMY OPERATIONS For necessary expenses of operations, support, and training activities for State Maritime Academies, $433,300,000: Provided (1) $30,500,000, to remain available until expended, shall be for maintenance, repair, life extension, insurance, and capacity improvement of National Defense Reserve Fleet training ships, and for support of training ship operations at the State Maritime Academies, of which up to $8,500,000, to remain available until expended, shall be for expenses related to training mariners; and for costs associated with training vessel sharing pursuant to 46 U.S.C. 51504(g)(3) (2) $390,600,000, to remain available until expended, shall be for the National Security Multi-Mission Vessel Program, including funds for construction, planning, administration, and design of school ships; (3) $2,400,000 to remain available through September 30, 2026, shall be for the Student Incentive Program; (4) $3,800,000 shall remain available until expended, shall be for training ship fuel assistance; and (5) $6,000,000, to remain available until September 30, 2023, shall be for direct payments for State Maritime Academies. ASSISTANCE TO SMALL SHIPYARDS To make grants to qualified shipyards as authorized under section 54101 of title 46, United States Code, $20,000,000, to remain available until expended. SHIP DISPOSAL For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $10,000,000, to remain available until expended. MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT (INCLUDING TRANSFER OF FUNDS) For administrative expenses to carry out the guaranteed loan program, $3,000,000, which shall be transferred to and merged with the appropriations for Maritime Administration—Operations and Training PORT INFRASTRUCTURE DEVELOPMENT PROGRAM To make grants to improve port facilities as authorized under section 50302(c) of title 46, United States Code, $240,000,000, to remain available until expended: Provided Provided further Provided further (1) within the boundary of a port; or (2) outside the boundary of a port, and directly related to port operations, or to an intermodal connection to a port: Provided further (1) port gate improvements; (2) road improvements both within and connecting to the port; (3) rail improvements both within and connecting to the port; (4) berth improvements (including docks, wharves, piers and dredging incidental to the improvement project); (5) fixed landside improvements in support of cargo operations (such as silos, elevators, conveyors, container terminals, Ro/Ro structures including parking garages necessary for intermodal freight transfer, warehouses including refrigerated facilities, lay-down areas, transit sheds, and other such facilities); (6) utilities necessary for safe operations (including lighting, stormwater, and other such improvements that are incidental to a larger infrastructure project); (7) improvements that reduce environmental impact(s) of port operations (including resiliency improvements); or (8) a combination of activities described above: Provided further Provided further ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION 170. Notwithstanding any other provision of this Act, in addition to any existing authority, the Maritime Administration is authorized to furnish utilities and services and make necessary repairs in connection with any lease, contract, or occupancy involving Government property under control of the Maritime Administration: Provided Provided further Pipeline and Hazardous Materials Safety Administration OPERATIONAL EXPENSES For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $29,100,000, of which $4,500,000 shall remain available until September 30, 2024. HAZARDOUS MATERIALS SAFETY For expenses necessary to discharge the hazardous materials safety functions of the Pipeline and Hazardous Materials Safety Administration, $66,829,000, of which $7,570,000 shall remain available until September 30, 2024: Provided Provided further PIPELINE SAFETY (PIPELINE SAFETY FUND) (OIL SPILL LIABILITY TRUST FUND) For expenses necessary to carry out a pipeline safety program, as authorized by section 60107 of title 49, United States Code, and to discharge the pipeline program responsibilities of the Oil Pollution Act of 1990, $182,650,000, to remain available until September 30, 2024, of which $27,650,000 shall be derived from the Oil Spill Liability Trust Fund; of which $146,600,000 shall be derived from the Pipeline Safety Fund; of which $400,000 shall be derived from the fees collected under section 60303 of title 49, United States Code, and deposited in the Liquefied Natural Gas Siting Account for compliance reviews of liquefied natural gas facilities; and of which $8,000,000 shall be derived from fees collected under section 60302 of title 49, United States Code, and deposited in the Underground Natural Gas Storage Facility Safety Account for the purpose of carrying out section 60141 of title 49, United States Code: Provided Provided further OTAs EMERGENCY PREPAREDNESS GRANTS (LIMITATION ON OBLIGATIONS) (EMERGENCY PREPAREDNESS FUND) For expenses necessary to carry out the Emergency Preparedness Grants program, not more than $28,318,000 shall remain available until September 30, 2024, from amounts made available by section 5116(h) and subsections (b) and (c) of section 5128 of title 49, United States Code: Provided Provided further Provided further Office of Inspector General SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General to carry out the provisions of the Inspector General Act of 1978, as amended, $103,150,000: Provided 5 U.S.C. App. 3 18 U.S.C. 1001 General Provisions—Department of Transportation 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; purchase of liability insurance for motor vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code. (b) During the current fiscal year, applicable appropriations to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance the missions of the Department of Transportation or an operating administration of the Department of Transportation. (c) Any unmanned aircraft system purchased, procured, or contracted for by the Department prior to the date of enactment of this Act shall be deemed authorized by Congress as if this provision was in effect when the system was purchased, procured, or contracted for. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for an Executive Level IV. 182. (a) No recipient of amounts made available by this Act shall disseminate personal information (as defined in section 2725(3) of title 18, United States Code) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in section 2725(1) of title 18, United States Code, except as provided in section 2721 of title 18, United States Code, for a use permitted under section 2721 of title 18, United States Code. (b) Notwithstanding subsection (a), the Secretary shall not withhold amounts made available by this Act for any grantee if a State is in noncompliance with this provision. 183. None of the funds made available by this Act shall be available for salaries and expenses of more than 125 political and Presidential appointees in the Department of Transportation: Provided 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration's Federal-Aid Highways Safety and Operations 185. None of the funds made available by this Act to the Department of Transportation may be used to make a loan, loan guarantee, line of credit, letter of intent, federally funded cooperative agreement, full funding grant agreement, or discretionary grant unless the Secretary of Transportation notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project competitively selected to receive any discretionary grant award, letter of intent, loan commitment, loan guarantee commitment, line of credit commitment, federally funded cooperative agreement, or full funding grant agreement is announced by the Department or its operating administrations: Provided Provided further quick release Provided further 186. Rebates, refunds, incentive payments, minor fees, and other funds received by the Department of Transportation from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be credited to appropriations of the Department of Transportation and allocated to elements of the Department of Transportation using fair and equitable criteria and such funds shall be available until expended. 187. Amounts made available by this Act or any prior Act that the Secretary determines represent improper payments by the Department of Transportation to a third-party contractor under a financial assistance award, which are recovered pursuant to law, shall be available— (1) to reimburse the actual expenses incurred by the Department of Transportation in recovering improper payments: Provided (2) to pay contractors for services provided in recovering improper payments or contractor support in the implementation of the Payment Integrity Information Act of 2019 ( Public Law 116–117 Provided (A) shall be credited to and merged with the appropriation from which the improper payments were made, and shall be available for the purposes and period for which such appropriations are available: Provided further Provided further (B) if no such appropriation remains available, shall be deposited in the Treasury as miscellaneous receipts: Provided further Provided further improper payment 188. Notwithstanding any other provision of law, if any funds provided by or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and Senate Committees on Appropriations, transmission of such reprogramming notice shall be provided solely to the House and Senate Committees on Appropriations, and such reprogramming action shall be approved or denied solely by the House and Senate Committees on Appropriations: Provided 189. Funds appropriated by this Act to the operating administrations may be obligated for the Office of the Secretary for the costs related to assessments or reimbursable agreements only when such amounts are for the costs of goods and services that are purchased to provide a direct benefit to the applicable operating administration or administrations. 190. The Secretary of Transportation is authorized to carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits authorized under section 7905 of title 5, United States Code, including distribution of transit benefits by various paper and electronic media. 191. The Department of Transportation may use funds provided by this Act, or any other Act, to assist a contract under title 49 U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other hiring preference not otherwise authorized by law, or to amend a rule, regulation, policy or other measure that forbids a recipient of a Federal Highway Administration or Federal Transit Administration grant from imposing such hiring preference on a contract or construction project with which the Department of Transportation is assisting, only if the grant recipient certifies the following: (1) that except with respect to apprentices or trainees, a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work that the contract requires resides in the jurisdiction; (2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does not displace any of its existing employees in order to satisfy such hiring preference; and (3) that any increase in the cost of labor, training, or delays resulting from the use of such hiring preference does not delay or displace any transportation project in the applicable Statewide Transportation Improvement Program or Transportation Improvement Program. 192. The Secretary of Transportation shall coordinate with the Secretary of Homeland Security to ensure that best practices for Industrial Control Systems Procurement are up-to-date and shall ensure that systems procured with funds provided under this title were procured using such practices. 193. For purposes of this Act— (1) the term areas of persistent poverty (2) the term disadvantaged community (A) the percentage of low-income families or the extent of poverty, including census tracts with persistent poverty; (B) the rate of unemployment or underemployment; (C) the extent of blight and disinvestment; (D) projects that target extremely low-, very low-, and low-income families in or outside a designated economic distress area; or (E) any other criteria designated by the Infrastructure Finance Authority in consultation with such Secretaries. This title may be cited as the Department of Transportation Appropriations Act, 2022 II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Management and Administration EXECUTIVE OFFICES For necessary salaries and expenses for Executive Offices, which shall be comprised of the offices of the Secretary, Deputy Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $13,000,000, to remain available until September 30, 2023: Provided the Secretary ADMINISTRATIVE SUPPORT OFFICES For necessary salaries and expenses for Administrative Support Offices, $609,666,000, to remain available until September 30, 2023: Provided (1) $79,400,000 shall be available for the Office of the Chief Financial Officer; (2) $115,200,000 shall be available for the Office of the General Counsel, of which not less than $19,900,000 shall be for the Departmental Enforcement Center; (3) $216,400,000 shall be available for the Office of Administration; (4) $45,000,000 shall be available for the Office of the Chief Human Capital Officer; (5) $60,400,000 shall be available for the Office of Field Policy and Management; (6) $28,000,000 shall be available for the Office of the Chief Procurement Officer; (7) $4,266,000 shall be available for the Office of Departmental Equal Employment Opportunity; and (8) $61,000,000 shall be available for the Office of the Chief Information Officer: Provided further Provided further Provided further Provided further PROGRAM OFFICES For necessary salaries and expenses for Program Offices, $972,687,000, to remain available until September 30, 2023: Provided (1) $260,500,000 shall be available for the Office of Public and Indian Housing; (2) $147,887,000 shall be available for the Office of Community Planning and Development; (3) $434,000,000 shall be available for the Office of Housing, of which not less than $13,300,000 shall be for the Office of Recapitalization; (4) $35,500,000 shall be available for the Office of Policy Development and Research; (5) $84,100,000 shall be available for the Office of Fair Housing and Equal Opportunity; and (6) $10,700,000 shall be available for the Office of Lead Hazard Control and Healthy Homes. WORKING CAPITAL FUND (INCLUDING TRANSFER OF FUNDS) For the working capital fund for the Department of Housing and Urban Development (referred to in this paragraph as the Fund 42 U.S.C. 3535(f) Provided Provided further Executive Offices Administrative Support Offices Program Offices Government National Mortgage Association Provided further Public and Indian Housing TENANT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of tenant-based rental assistance authorized under the United States Housing Act of 1937, as amended ( 42 U.S.C. 1437 et seq. the Act Provided (1) $24,526,926,000 shall be available for renewals of expiring section 8 tenant-based annual contributions contracts (including renewals of enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act) and including renewal of other special purpose incremental vouchers: Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Provided further Public Law 114–113 42 U.S.C. 5170 et seq. Provided further (2) $100,000,000 shall be for section 8 rental assistance for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion of section 23 projects to assistance under section 8, relocation of witnesses (including victims of violent crimes) in connection with efforts to combat crime in public and assisted housing pursuant to a request from a law enforcement or prosecution agency, enhanced vouchers under any provision of law authorizing such assistance under section 8(t) of the Act, Choice Neighborhood vouchers, mandatory and voluntary conversions, and tenant protection assistance including replacement and relocation assistance or for project-based assistance to prevent the displacement of unassisted elderly tenants currently residing in section 202 properties financed between 1959 and 1974 that are refinanced pursuant to Public Law 106–569 Provided Provided further Project-Based Rental Assistance Provided further Provided further 42 U.S.C. 1437f(t) Provided further Provided further (3) $2,474,117,000 shall be for administrative and other expenses of public housing agencies in administering the section 8 tenant-based rental assistance program, of which up to $30,000,000 shall be available to the Secretary to allocate to public housing agencies that need additional funds to administer their section 8 programs, including fees associated with section 8 tenant protection rental assistance, the administration of disaster related vouchers, HUD–VASH vouchers, and other special purpose incremental vouchers: Provided Public Law 105–276 Provided further Provided further Provided further (4) $463,174,000 for the renewal of tenant-based assistance contracts under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Provided Provided further Provided further Provided further (5) Of the amounts provided under paragraph (1) up to $5,000,000 shall be for rental assistance and associated administrative fees for Tribal HUD–VASH to serve Native American veterans that are homeless or at-risk of homelessness living on or near a reservation or other Indian areas: Provided Provided further Provided further Provided further Provided further Provided further (6) $50,000,000 for incremental rental voucher assistance for use through a supported housing program administered in conjunction with the Department of Veterans Affairs as authorized under section 8(o)(19) of the United States Housing Act of 1937: Provided Provided further Provided further (7) $30,000,000 shall be made available for the family unification program as authorized under section 8(x) of the Act: Provided (A) $5,000,000 shall be for new incremental voucher assistance: Provided (B) $25,000,000 shall be for new incremental voucher assistance to assist eligible youth as defined by such section 8(x)(2)(B): Provided Provided further Provided further Provided further (8) $75,000,000 shall be for incremental rental voucher assistance under section 8(o) of the United States Housing Act of 1937 for voucher families with young children and for related mobility services, of which up to $16,000,000 may be for one-time eligible expenses defined by notice to facilitate the leasing of such vouchers (such as security deposit assistance and other costs related to the retention and support of participating owners) and for mobility related services that enable families receiving such voucher assistance to move to lower-poverty areas: Provided 42 U.S.C. 11302(a) 42 U.S.C. 11360(1) (9) the Secretary shall separately track all special purpose vouchers funded under this heading. HOUSING CERTIFICATE FUND (INCLUDING RESCISSIONS) Unobligated balances, including recaptures and carryover, remaining from funds appropriated to the Department of Housing and Urban Development under this heading, the heading Annual Contributions for Assisted Housing Project-Based Rental Assistance Provided Provided further PUBLIC HOUSING FUND For 2022 payments to public housing agencies for the operation and management of public housing, as authorized by section 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(e) Act 42 U.S.C. 1437g(d) Provided (1) $5,019,000,000 shall be available to the Secretary to allocate pursuant to the Operating Fund formula at part 990 of title 24, Code of Federal Regulations, for 2022 payments; (2) $25,000,000 shall be available to the Secretary to allocate pursuant to a need-based application process notwithstanding section 203 of this title and not subject to such Operating Fund formula to public housing agencies that experience, or are at risk of, financial shortfalls, as determined by the Secretary: Provided (3) $3,615,774,000 shall be available to the Secretary to allocate pursuant to the Capital Fund formula at section 905.400 of title 24, Code of Federal Regulations: Provided Provided further Provided further Provided further Provided further (4) $75,000,000 shall be available for the Secretary to make grants, notwithstanding section 203 of this title, to public housing agencies for emergency capital needs, including safety and security measures necessary to address crime and drug-related activity, as well as needs resulting from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural disasters under the Robert T. Stafford Disaster Relief and Emergency Act ( 42 U.S.C. 5121 et seq. Provided Provided further (5) $65,000,000 shall be for competitive grants to public housing agencies to evaluate and reduce residential health hazards in public housing, including lead-based paint (by carrying out the activities of risk assessments, abatement, and interim controls, as those terms are defined in section 1004 of the Residential Lead-Based Paint Hazard Reduction Act of 1992 ( 42 U.S.C. 4851b Provided Provided further 42 U.S.C. 1437 et seq. 42 U.S.C. 1437x Provided further Public Law 116–260 (6) $15,000,000 shall be to support the costs of administrative and judicial receiverships and for competitive grants to PHAs in receivership, designated troubled or substandard, or otherwise at risk, as determined by the Secretary, for costs associated with public housing asset improvement, in addition to other amounts for that purpose provided under any heading under this title; and (7) $23,000,000 shall be to support ongoing public housing financial and physical assessment activities: Provided further Provided further obligate CHOICE NEIGHBORHOODS INITIATIVE For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of 1937 ( 42 U.S.C. 1437v Provided Provided further Provided further Provided further Provided further Provided further Provided further 42 U.S.C. 1437x Provided further Provided further Provided further Provided further Provided further Revitalization of Severely Distressed Public Housing (HOPE VI) Provided further Provided further 42 U.S.C. 1437v(o) SELF-SUFFICIENCY PROGRAMS For activities and assistance related to Self-Sufficiency Programs, to remain available until September 30, 2025, $170,000,000: Provided (1) $120,000,000 shall be for the Family Self-Sufficiency program to support family self-sufficiency coordinators under section 23 of the United States Housing Act of 1937 ( 42 U.S.C. 1437u Provided Provided further Provided further (2) $35,000,000 shall be for the Resident Opportunity and Self-Sufficiency program to provide for supportive services, service coordinators, and congregate services as authorized by section 34 of the United States Housing Act of 1937 ( 42 U.S.C. 1437z–6 25 U.S.C. 4101 et seq. (3) $15,000,000 shall be for a Jobs-Plus initiative, modeled after the Jobs-Plus demonstration: Provided 29 U.S.C. 3122 Provided further Provided further 42 U.S.C. 1437a Provided further NATIVE AMERICAN PROGRAMS For activities and assistance authorized under title I of the Native American Housing Assistance and Self-Determination Act of 1996 (NAHASDA) ( 25 U.S.C. 4111 et seq. 42 U.S.C. 5306(a)(1) Provided (1) $772,000,000 shall be available for the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided Provided further (2) $150,000,000 shall be available for competitive grants under the Native American Housing Block Grants program, as authorized under title I of NAHASDA: Provided Provided further Provided further Provided further (3) $1,000,000 shall be available for the cost of guaranteed notes and other obligations, as authorized by title VI of NAHASDA: Provided Provided further Native American Housing Block Grants (4) $70,000,000 shall be available for grants to Indian tribes for carrying out the Indian Community Development Block Grant program under title I of the Housing and Community Development Act of 1974, notwithstanding section 106(a)(1) of such Act, of which, notwithstanding any other provision of law (including section 203 of this Act), up to $4,000,000 may be used for emergencies that constitute imminent threats to health and safety: Provided (5) $7,000,000 shall be available for providing training and technical assistance to Indian tribes, Indian housing authorities, and tribally designated housing entities, to support the inspection of Indian housing units, contract expertise, and for training and technical assistance related to funding provided under this heading and other headings under this Act for the needs of Native American families and Indian country: Provided 25 U.S.C. 4212 Provided further Provided further 31 U.S.C. 6301–6308 25 U.S.C. 4116 25 U.S.C. 4152 25 U.S.C. 4167 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT For the cost of guaranteed loans, as authorized by section 184 of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13a Provided Provided further Provided further 12 U.S.C. 1715z–13a NATIVE HAWAIIAN HOUSING BLOCK GRANT For the Native Hawaiian Housing Block Grant program, as authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4221 et seq. Provided Provided further NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT (INCLUDING RESCISSION) New commitments to guarantee loans, as authorized by section 184A of the Housing and Community Development Act of 1992 ( 12 U.S.C. 1715z–13b Provided Provided further Community Planning and Development HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS For carrying out the Housing Opportunities for Persons with AIDS program, as authorized by the AIDS Housing Opportunity Act ( 42 U.S.C. 12901 et seq. Provided Provided further Provided further COMMUNITY DEVELOPMENT FUND For assistance to States and units of general local government, and other entities, for economic and community development activities, and other purposes, $4,190,444,000, to remain available until September 30, 2025, unless otherwise specified: Provided 42 U.S.C. 5301 et seq. the Act Provided further Provided further Provided further Provided further Public Law 115–271 Provided further Provided further Provided further Incorporation of Congressionally Directed Spending for Economic Development Initiatives Provided further Provided further COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT Subject to section 502 of the Congressional Budget Act of 1974 ( 2 U.S.C. 661a 42 U.S.C. 5308 Provided Provided further Provided further HOME INVESTMENT PARTNERSHIPS PROGRAM For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable Housing Act, as amended ( 42 U.S.C. 12721 et seq. Provided 42 U.S.C. 12771(b) 42 U.S.C. 12747(b)(1)(A) Provided further Provided further 42 U.S.C. 12748(g) Provided further 42 U.S.C. 12771(b) SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM For the Self-Help and Assisted Homeownership Opportunity Program, as authorized under section 11 of the Housing Opportunity Program Extension Act of 1996 ( 42 U.S.C. 12805 Provided (1) $15,000,000 shall be for the Self-Help Homeownership Opportunity Program as authorized under such section 11; (2) $41,000,000 shall be for the second, third, and fourth capacity building entities specified in section 4(a) of the HUD Demonstration Act of 1993 ( 42 U.S.C. 9816 Provided (3) $5,000,000 shall be for capacity building by national rural housing organizations having experience assessing national rural conditions and providing financing, training, technical assistance, information, and research to local nonprofit organizations, local governments, and Indian Tribes serving high need rural communities; (4) $4,000,000, shall be for a program to rehabilitate and modify the homes of disabled or low-income veterans, as authorized under section 1079 of the Carl Levin and Howard P. Buck 38 U.S.C. 2101 Provided HOMELESS ASSISTANCE GRANTS For assistance under title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 et seq. Provided (1) $290,000,000 shall be for the Emergency Solutions Grants program authorized under subtitle B of such title IV ( 42 U.S.C. 11371 et seq. Provided (2) $2,856,000,000 shall be for the Continuum of Care program authorized under subtitle C of such title IV ( 42 U.S.C. 11381 et seq. 42 U.S.C. 11408 Provided Provided further Provided further Provided further (3) $7,000,000 shall be for the national homeless data analysis project: Provided 31 U.S.C. 6301–6308 (4) $107,000,000 shall be to implement projects to demonstrate how a comprehensive approach to serving homeless youth, age 24 and under, in up to 25 communities with a priority for communities with substantial rural populations in up to eight locations, can dramatically reduce youth homelessness: Provided Provided further Provided further Provided further 42 U.S.C. 11302 Provided further Provided further Provided further Provided further Provided further Provided further Housing Programs PROJECT-BASED RENTAL ASSISTANCE For activities and assistance for the provision of project-based subsidy contracts under the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. the Act Provided 42 U.S.C. 11401 Provided further 42 U.S.C. 1437(f) Provided further 12 U.S.C. 1715z–1(a) 12 U.S.C. 1701s 12 U.S.C. 1715z–1(f)(2) 12 U.S.C. 1701q 42 U.S.C. 8013(d)(2) Public Law 86–372 Public Law 86–372 Provided further Annual Contributions for Assisted Housing Housing Certificate Fund Provided further Provided further HOUSING FOR THE ELDERLY For capital advances, including amendments to capital advance contracts, for housing for the elderly, as authorized by section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q 12 U.S.C. 1701q Provided Provided further Provided further Provided further Provided further Provided further Provided further Provided further HOUSING FOR PERSONS WITH DISABILITIES For capital advances, including amendments to capital advance contracts, for supportive housing for persons with disabilities, as authorized by section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 Public Law 95–557 Provided Provided further Provided further Provided further HOUSING COUNSELING ASSISTANCE For contracts, grants, and other assistance excluding loans, as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $57,500,000, to remain available until September 30, 2023, including up to $4,500,000 for administrative contract services: Provided Provided further PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 ( 42 U.S.C. 5401 et seq. 42 U.S.C. 5419(e) Provided Provided further Provided further Provided further Provided further Federal Housing Administration MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT New commitments to guarantee single family loans insured under the Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to remain available until September 30, 2023: Provided Provided further Provided further Provided further Provided further 12 U.S.C. 1715z–20(g) GENERAL AND SPECIAL RISK PROGRAM ACCOUNT New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections 238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and 1735c), shall not exceed $30,000,000,000 in total loan principal, any part of which is to be guaranteed, to remain available until September 30, 2023: Provided Government National Mortgage Association GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE PROGRAM ACCOUNT New commitments to issue guarantees to carry out the purposes of section 306 of the National Housing Act, as amended ( 12 U.S.C. 1721(g) Provided Provided further Provided further 12 U.S.C. 1716 et seq. Policy Development and Research RESEARCH AND TECHNOLOGY For contracts, grants, and necessary expenses of programs of research and studies relating to housing and urban problems, not otherwise provided for, as authorized by title V of the Housing and Urban Development Act of 1970 ( 12 U.S.C. 1701z–1 et seq. Provided Provided further Provided further Public Law 109–282 42 U.S.C. 3545(a)(4)(C) Provided further Provided further Fair Housing and Equal Opportunity FAIR HOUSING ACTIVITIES For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of 1968 ( 42 U.S.C. 3601 et seq. 42 U.S.C. 3616a Provided Provided further Provided further Office of Lead Hazard Control and Healthy Homes LEAD HAZARD REDUCTION For the Lead Hazard Reduction Program, as authorized by section 1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992, and for related activities and assistance, $400,000,000, to remain available until September 30, 2024: Provided (1) $300,000,000 shall be for the award of grants pursuant to such section 1011, of which not less than $95,000,000 shall be provided to areas with the highest lead-based paint abatement needs; (2) $90,000,000 shall be for the Healthy Homes Initiative, pursuant to sections 501 and 502 of the Housing and Urban Development Act of 1970, which shall include research, studies, testing, and demonstration efforts, including education and outreach concerning lead-based paint poisoning and other housing-related diseases and hazards, and mitigating housing-related health and safety hazards in housing of low-income families, of which— (A) $5,000,000 of such amounts shall be for the implementation of projects in up to five communities that are served by both the Healthy Homes Initiative and the Department of Energy weatherization programs to demonstrate whether the coordination of Healthy Homes remediation activities with weatherization activities achieves cost savings and better outcomes in improving the safety and quality of homes; and (B) $15,000,000 of such amounts shall be for grants to experienced non-profit organizations, States, local governments, or public housing agencies for safety and functional home modification repairs and renovations to meet the needs of low-income elderly homeowners to enable them to remain in their primary residence: Provided (3) $5,000,000 shall be for the award of grants and contracts for research pursuant to sections 1051 and 1052 of the Residential Lead-Based Paint Hazard Reduction Act of 1992; and (4) $5,000,000 shall be for grants for a radon testing and mitigation safety demonstration program (the radon demonstration) in public housing: Provided Provided further 42 U.S.C. 4321 et seq. Housing for the Elderly Provided further Provided further Information Technology Fund For Department-wide and program-specific information technology systems and infrastructure, $300,000,000, to remain available until September 30, 2024, of which up to $40,000,000 shall be for development, modernization, and enhancement activities, including planning for such activities: Provided Provided further Office of Inspector General For necessary salaries and expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, as amended, $140,000,000: Provided General Provisions—Department of Housing and Urban Development (INCLUDING TRANSFER OF FUNDS) (INCLUDING RESCISSION) 201. Fifty percent of the amounts of budget authority, or in lieu thereof 50 percent of the cash amounts associated with such budget authority, that are recaptured from projects described in section 1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 ( 42 U.S.C. 1437f 202. None of the funds made available by this Act may be used during fiscal year 2022 to investigate or prosecute under the Fair Housing Act any otherwise lawful activity engaged in by one or more persons, including the filing or maintaining of a nonfrivolous legal action, that is engaged in solely for the purpose of achieving or preventing action by a Government official or entity, or a court of competent jurisdiction. 203. Except as explicitly provided in law, any grant, cooperative agreement or other assistance made pursuant to title II of this Act shall be made on a competitive basis and in accordance with section 102 of the Department of Housing and Urban Development Reform Act of 1989 ( 42 U.S.C. 3545 204. Section 7 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535 (u) (1) Funds of the Department of Housing and Urban Development subject to the Government Corporation Control Act or section 402 of the Housing Act of 1950 shall be available, without regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Financing Bank, Federal Reserve banks or any member thereof, Federal Home Loan banks, and any insured bank within the meaning of the Federal Deposit Insurance Corporation Act, as amended ( 12 U.S.C. 1811–1 (2) Corporations and agencies of the Department of Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of such Act as may be necessary in carrying out the programs set forth in the budget for such corporation or agency except as hereinafter provided: Provided . 205. Unless otherwise provided for in this Act or through a reprogramming of funds, no part of any appropriation for the Department of Housing and Urban Development shall be available for any program, project or activity in excess of amounts set forth in the budget estimates submitted to Congress. 206. The Secretary shall provide quarterly reports to the House and Senate Committees on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the jurisdiction of the Department and shall submit additional, updated budget information to these Committees upon request. 207. None of the funds made available by this title may be used for an audit of the Government National Mortgage Association that makes applicable requirements under the Federal Credit Reform Act of 1990 ( 2 U.S.C. 661 et seq. 208. Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (l) Authority to transfer project-Based assistance and debt (1) In general Notwithstanding any other provision of law, subject to the conditions listed under this section, the Secretary may authorize the transfer of some or all project-based assistance, debt held or insured by the Secretary and statutorily required low-income and very low-income use restrictions if any, associated with one or more multifamily housing project or projects to another multifamily housing project or projects. (2) Phased transfers Transfers of project-based assistance under this section may be done in phases to accommodate the financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards under paragraph (3). (3) Conditions The transfer authorized in paragraph (1) is subject to the following conditions: (A) Number and bedroom size of units (i) For occupied units in the transferring project: The number of low-income and very low-income units and the configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to the receiving project or projects and the net dollar amount of Federal assistance provided to the transferring project shall remain the same in the receiving project or projects. (ii) For unoccupied units in the transferring project: The Secretary may authorize a reduction in the number of dwelling units in the receiving project or projects to allow for a reconfiguration of bedroom sizes to meet current market demands, as determined by the Secretary and provided there is no increase in the project-based assistance budget authority. (B) The transferring project shall, as determined by the Secretary, be either physically obsolete or economically nonviable, or be reasonably expected to become economically nonviable when complying with state or Federal requirements for community integration and reduced concentration of individuals with disabilities. (C) The receiving project or projects shall meet or exceed applicable physical standards established by the Secretary. (D) The owner or mortgagor of the transferring project shall notify and consult with the tenants residing in the transferring project and provide a certification of approval by all appropriate local governmental officials. (E) The tenants of the transferring project who remain eligible for assistance to be provided by the receiving project or projects shall not be required to vacate their units in the transferring project or projects until new units in the receiving project are available for occupancy. (F) The Secretary determines that this transfer is in the best interest of the tenants. (G) If either the transferring project or the receiving project or projects meets the condition specified in paragraph (4)(B)(i), any lien on the receiving project resulting from additional financing obtained by the owner shall be subordinate to any lien insured by the Federal Housing Administration transferred to, or placed on, such project by the Secretary, except that the Secretary may waive this requirement upon determination that such a waiver is necessary to facilitate the financing of acquisition, construction, and/or rehabilitation of the receiving project or projects. (H) If the transferring project meets the requirements of paragraph (4)(A), the owner or mortgagor of the receiving project or projects shall execute and record either a continuation of the existing use agreement or a new use agreement for the project where, in either case, any use restrictions in such agreement are of no lesser duration than the existing use restrictions; and (I) The transfer does not increase the cost (as defined in section 502 of the Congressional Budget Act of 1974( 2 U.S.C. 661a (4) For purposes of this section— (A) the terms low-income very low-income (B) the term multifamily housing project (i) housing that is subject to a mortgage insured under the National Housing Act; (ii) housing that has project-based assistance attached to the structure including projects undergoing mark to market debt restructuring under the Multifamily Assisted Housing Reform and Affordability Housing Act; (iii) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (iv) housing that is assisted under section 202 of the Housing Act of 1959 ( 12 U.S.C. 1701q (v) housing that is assisted under section 811 of the Cranston-Gonzales National Affordable Housing Act ( 42 U.S.C. 8013 (vi) housing or vacant land that is subject to a use agreement; (C) the term project-based assistance (i) assistance provided under subsection (b) of this section; (ii) assistance for housing constructed or substantially rehabilitated pursuant to assistance provided under subsection (b)(2) of this section (as such section existed immediately before October 1, 1983); (iii) rent supplement payments under section 101 of the Housing and Urban Development Act of 1965 ( 12 U.S.C. 1701s (iv) interest reduction payments under section 236 and/or additional assistance payments under section 236(f)(2) of the National Housing Act ( 12 U.S.C. 1715z–1 (v) assistance payments made under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q(c)(2) (vi) assistance payments made under section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013(d)(2) (D) the term receiving project or projects (E) the term transferring project (5) Implementation The Secretary shall implement this subsection by publishing notice in the Federal Register. . 209. Section 3 of the United States Housing Act of 1937 ( 42 U.S.C. 1437a (g) Restrictions on assistance and eligibility (1) No assistance shall be provided under section 8 of this Act to any individual who— (A) is enrolled as a student at an institution of higher education (as defined under section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 (B) is under 24 years of age; (C) is not a veteran; (D) is unmarried; (E) does not have a dependent child; (F) is not a person with disabilities, as such term is defined in subsection (b)(3)(E) of this section and was not receiving assistance under such section 8 as of November 30, 2005; (G) is not a youth who left foster care at age 14 or older and is at risk of becoming homeless; and (H) is not otherwise individually eligible, or has parents who, individually or jointly, are not eligible, to receive assistance under section 8 of this Act. (2) For purposes of determining the income of a person under section 8 of this Act, any financial assistance (in excess of amounts received for tuition and any other required fees and charges) that an individual receives under the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. 20 U.S.C. 1002 . 210. The funds made available for Native Alaskans under paragraph (1) under the heading Native American Programs 211. Section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (m) Maintaining rental assistance programs during the disposition of multifamily property (1) Authority Notwithstanding any other provision of law, in managing and disposing of any multifamily property that is owned or has a mortgage held by the Secretary, and during the process of foreclosure on any property with a contract for rental assistance payments under this section or other programs administered by the Secretary, the Secretary shall maintain any rental assistance payments under this section and other programs that are attached to any dwelling units in the property. (2) Cost considerations To the extent the Secretary determines, in consultation with the tenants and the local government that such a multifamily property owned or having a mortgage held by the Secretary is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of— (A) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments, if applicable, under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA 42 U.S.C. 1437f (B) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may, in consultation with the tenants of that property, contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. (3) Continuation of contract The Secretary shall also take appropriate steps to ensure that project-based contracts remain in effect prior to foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats to health and safety after written notice to and informed consent of the affected tenants and use of other available remedies, such as partial abatements or receivership. (4) Post-disposition After disposition of any multifamily property described under this subsection, the contract and allowable rent levels on such properties shall be subject to the requirements of MAHRAA. . 212. Public housing agencies that own and operate 400 or fewer public housing units may elect to be exempt from any asset management requirement imposed by the Secretary in connection with the operating fund rule: Provided 213. With respect to the use of amounts provided in this Act and in future Acts for the operation, capital improvement, and management of public housing as authorized by sections 9(d) and 9(e) of the United States Housing Act of 1937 ( 42 U.S.C. 1437g(d) 42 U.S.C. 1437g(g)(1) Provided 214. No official or employee of the Department of Housing and Urban Development shall be designated as an allotment holder unless the Office of the Chief Financial Officer has determined that such allotment holder has implemented an adequate system of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that there is a trained allotment holder for each HUD appropriation under the accounts Executive Offices Administrative Support Offices Program Offices Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account Office of Inspector General 215. The Secretary shall, for fiscal year 2022, notify the public through the Federal Register and other means, as determined appropriate, of the issuance of a notice of the availability of assistance or notice of funding opportunity (NOFO) for any program or discretionary fund administered by the Secretary that is to be competitively awarded. Notwithstanding any other provision of law, for fiscal year 2022, the Secretary may make the NOFO available only on the Internet at the appropriate Government website or through other electronic media, as determined by the Secretary. 216. Payment of attorney fees in program-related litigation shall be paid from the individual program office and Office of General Counsel salaries and expenses appropriations. 217. The Secretary is authorized to transfer up to 10 percent or $5,000,000, whichever is less, of funds appropriated for any office under the headings Administrative Support Offices Program Offices Provided Provided further 218. (a) Any entity receiving housing assistance payments shall maintain decent, safe, and sanitary conditions, as determined by the Secretary, and comply with any standards under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered under a housing assistance payment contract. (b) The Secretary shall take action under subsection (c) when a multifamily housing project with a contract under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f (1) receives a Uniform Physical Condition Standards (UPCS) score of 60 or less; or (2) fails to certify in writing to the Secretary within 3 days that all Exigent Health and Safety deficiencies identified by the inspector at the project have been corrected. Such requirements shall apply to insured and noninsured projects with assistance attached to the units under section 8 of the United States Housing Act of 1937 ( 42 U.S.C. 1437f 42 U.S.C. 1437f(o)(13) 42 U.S.C. 1437g (c) (1) Within 15 days of the issuance of the Real Estate Assessment Center ( REAC (2) At the end of the time period for correcting all deficiencies specified in the Notice of Default, if the owner fails to fully correct such deficiencies, the Secretary may— (A) require immediate replacement of project management with a management agent approved by the Secretary; (B) impose civil money penalties, which shall be used solely for the purpose of supporting safe and sanitary conditions at applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty; (C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies have been corrected; (D) pursue transfer of the project to an owner, approved by the Secretary under established procedures, who will be obligated to promptly make all required repairs and to accept renewal of the assistance contract if such renewal is offered; (E) transfer the existing section 8 contract to another project or projects and owner or owners; (F) pursue exclusionary sanctions, including suspensions or debarments from Federal programs; (G) seek judicial appointment of a receiver to manage the property and cure all project deficiencies or seek a judicial order of specific performance requiring the owner to cure all project deficiencies; (H) work with the owner, lender, or other related party to stabilize the property in an attempt to preserve the property through compliance, transfer of ownership, or an infusion of capital provided by a third-party that requires time to effectuate; or (I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary. (d) The Secretary shall take appropriate steps to ensure that project-based contracts remain in effect, subject to the exercise of contractual abatement remedies to assist relocation of tenants for major threats to health and safety after written notice to the affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the property is not feasible for continued rental assistance payments under such section 8 or other programs, based on consideration of— (1) the costs of rehabilitating and operating the property and all available Federal, State, and local resources, including rent adjustments under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( MAHRAA (2) environmental conditions that cannot be remedied in a cost-effective fashion, the Secretary may contract for project-based rental assistance payments with an owner or owners of other existing housing properties, or provide other rental assistance. (e) The Secretary shall report semi-annually on all properties covered by this section that are assessed through the Real Estate Assessment Center and have UPCS physical inspection scores of less than 60 or have received an unsatisfactory management and occupancy review within the past 36 months. The report shall include— (1) identification of the enforcement actions being taken to address such conditions, including imposition of civil money penalties and termination of subsidies, and identification of properties that have such conditions multiple times; (2) identification of actions that the Department of Housing and Urban Development is taking to protect tenants of such identified properties; and (3) any administrative or legislative recommendations to further improve the living conditions at properties covered under a housing assistance payment contract. The first report shall be submitted to the Senate and House Committees on Appropriations not later than 30 days after the enactment of this Act, and the second report shall be submitted within 180 days of the transmittal of the first report. 219. None of the funds made available by this Act, or any other Act, for purposes authorized under section 8 (only with respect to the tenant-based rental assistance program) and section 9 of the United States Housing Act of 1937 ( 42 U.S.C. 1437 et seq. 220. None of the funds made available by this Act and provided to the Department of Housing and Urban Development may be used to make a grant award unless the Secretary notifies the House and Senate Committees on Appropriations not less than 3 full business days before any project, State, locality, housing authority, Tribe, nonprofit organization, or other entity selected to receive a grant award is announced by the Department or its offices. 221. None of the funds made available by this Act may be used to require or enforce the Physical Needs Assessment (PNA). 222. None of the funds made available in this Act shall be used by the Federal Housing Administration, the Government National Mortgage Association, or the Department of Housing and Urban Development to insure, securitize, or establish a Federal guarantee of any mortgage or mortgage backed security that refinances or otherwise replaces a mortgage that has been subject to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State. 223. None of the funds made available by this Act may be used to terminate the status of a unit of general local government as a metropolitan city (as defined in section 102 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5302 42 U.S.C. 5306 224. Amounts made available by this Act that are appropriated, allocated, advanced on a reimbursable basis, or transferred to the Office of Policy Development and Research of the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and that are unexpended at the time of completion of a contract, grant, or cooperative agreement, may be deobligated and shall immediately become available and may be reobligated in that fiscal year or the subsequent fiscal year for the research, evaluation, or statistical purposes for which the amounts are made available to that Office subject to reprogramming requirements in section 234 of this Act. 225. None of the funds provided in this Act or any other Act may be used for awards, including performance, special act, or spot, for any employee of the Department of Housing and Urban Development subject to administrative discipline (including suspension from work), in this fiscal year, but this prohibition shall not be effective prior to the effective date of any such administrative discipline or after any final decision over-turning such discipline. 226. With respect to grant amounts awarded under the heading “Homeless Assistance Grants” for fiscal years 2015 through 2022 for the Continuum of Care (CoC) program as authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipient's CoC program. 227. (a) From amounts made available under this title under the heading Homeless Assistance Grants 42 U.S.C. 11381 et seq. (b) In order to be eligible to receive a transition grant, the funding recipient must have the consent of the continuum of care and meet standards determined by the Secretary. 228. None of the funds made available by this Act may be used by the Department of Housing and Urban Development to direct a grantee to undertake specific changes to existing zoning laws as part of carrying out the final rule entitled Affirmatively Furthering Fair Housing Affirmatively Furthering Fair Housing Assessment Tool 229. The Promise Zone designations and Promise Zone Designation Agreements entered into pursuant to such designations, made by the Secretary in prior fiscal years, shall remain in effect in accordance with the terms and conditions of such agreements. 230. None of the amounts made available in this Act may be used to consider Family Self-Sufficiency performance measures or performance scores in determining funding awards for programs receiving Family Self-Sufficiency program coordinator funding provided in this Act. 231. Any public housing agency designated as a Moving to Work agency pursuant to section 239 of division L of Public Law 114–113 42 U.S.C. 1437f Public Law 104–134 232. None of the amounts made available by this Act may be used to prohibit any public housing agency under receivership or the direction of a Federal monitor from applying for, receiving, or using funds made available under the heading Public Housing Fund 233. None of the funds made available by this title may be used to issue rules or guidance in contravention of section 1210 of Public Law 115–254 42 U.S.C. 5155 234. Except as otherwise provided in this Act, none of the funds provided in this title, provided by previous appropriations Acts to the Department of Housing and Urban Development that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury derived by the collection of fees and available to the Department of Housing and Urban Development, shall be available for obligation or expenditure through a reprogramming of funds that— (1) For Program and Information Technology funds— (A) initiates or creates a new program, project, or activity; (B) eliminates a program, project, or activity; (C) increases funds for any program, project, or activity for which funds have been denied or restricted by the Congress; (D) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (E) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; or (F) reduces existing programs, projects, or activities by $5,000,000 or 10 percent whichever is less; (2) For Salaries and Expenses funds— (A) assigns personnel or hires to support the creation of a new program, project, or activity not previously included in the President's budget; (B) increases the personnel or other resources for any program, project, or activity for which funds have been denied or restricted by the Congress; (C) relocates or closes an office; or (D) creates, reorganizes or restructures an office, division, branch, board or administration, which shall include the transfer of any function from one organizational unit to another organizational unit; unless prior written notification is provided to, and approval is received from the House and Senate Committees on Appropriations. 235. Not later than 60 days after the date of enactment of this Act, the Department of Housing and Urban Development shall submit a report to the Committees on Appropriations of the Senate and of the House of Representatives to establish the baseline for application of reprogramming and transfer authorities for the current fiscal year: Provided (1) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (2) for program and information technology funds, a delineation in the table for each appropriation and its respective prior year enacted level by program, project, and activity as detailed in this Act, the explanatory statement accompanying this Act, accompanying reports of the House and Senate Committees on Appropriations, or the budget appendix for the respective appropriation, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget authority is provided; (3) for salaries and expenses funds, an organizational chart for each office that includes detail to the branch level, and clearly identifies those organizational units (4) an identification of items of special congressional interest. 236. The language under the heading Rental Assistance Demonstration Public Law 112–55 Public Law 115–141 (1) in the initial undesignated matter, by striking and Public Housing Operating Fund , Public Housing Operating Fund Public Housing Fund (2) in the second proviso, by striking 2024 2028 (3) in the fourth proviso by striking 455,000 500,000 (4) after the fourth proviso, by inserting the following new provisos: Provided further Provided further Tenant-Based Rental Assistance Project-Based Rental Assistance (5) in the twelfth proviso, as reordered above, by (A) inserting Public Housing Fund Self-Sufficiency Programs Family Self-Sufficiency Public Housing Operating Fund (B) inserting or the ongoing availability of services for residents effective conversion of assistance under the demonstration (6) after the nineteenth proviso, as reordered above, by inserting the following new proviso: Provided further Second Component (7) by striking the twenty-first proviso, as reordered above, and inserting the following four provisos: Provided further Provided further Provided further Provided further 42 U.S.C. 1437f (8) after the twenty-fifth proviso, as reordered above, by inserting the following new proviso: Provided further (9) in the thirty-first proviso, as reordered above, by— (A) striking heading Housing for the Elderly headings Housing for the Elderly Housing for Persons with Disabilities (B) inserting or section 811 project rental assistance contract section 202 project rental assistance contract 237. In this fiscal year, if the Secretary determines or has determined that, in any prior formula allocation administered by the Secretary under any account under the headings Public and Indian Housing Community Planning and Development Housing Programs Provided Provided further 238. (a) Funds previously made available in chapter 9 of title X of the Disaster Relief Appropriations Act, 2013 ( Public Law 113–2 Department of Housing and Urban Development—Community Planning and Development—Community Development Fund (b) Emergency Amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022 and to section 251(b) of the Balanced Budget and Emergency Deficit Control Act of 1985. 239. Any obligated balances from amounts made available for project-based vouchers under the heading Permanent Supportive Housing Public Law 110–252 42 U.S.C. 1437f(o) 240. Notwithstanding any other provision of law, including section 208 of the National Housing Act (12 U.S.C. 1714 (Taxation Provisions)), as of the enactment of this provision, no 1 to 4 unit property with a mortgage insured, guaranteed, made, or held by the Secretary of Housing and Urban Development shall be subject as priming lien securing repayment of to a new residential Property Assessed Clean Energy (PACE or R-PACE) loan or equivalent financing without the PACE loan or equivalent financing provider obtaining prior written consent from the Secretary of HUD, subject to such terms and conditions as the Secretary may prescribe: Provided Provided further 241. (a) With respect to the funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. Homeless Assistance Grants Public Law 116–260 42 U.S.C. 11364a 42 U.S.C. 2000d et seq. 42 U.S.C. 3601 et seq. (1) on or off reservation or trust lands for awards made to Indian tribes or tribally designated housing entities; or (2) on reservation or trust lands for awards made to eligible entities as defined in section 401 of the McKinney-Vento Homeless-Assistance Act ( 42 U.S.C. 11360 (b) With respect to funds made available for the Continuum of Care program authorized under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11381 et seq. Homeless Assistance Grants 42 U.S.C. 11364a (1) applications for projects to be carried out on reservations or trust land shall contain a certification of consistency with an approved Indian housing plan developed under section 102 of the Native American Housing Assistance and Self-Determination Act (NAHASDA) ( 25 U.S.C. 4112 42 U.S.C. 12706 42 U.S.C. 11361 (2) Indian tribes and tribally designated housing entities that are recipients of awards for projects on reservations or trust land shall certify that they are following an approved housing plan developed under section 102 of NAHASDA ( 25 U.S.C. 4112 (3) a collaborative applicant for a Continuum of Care whose geographic area includes only reservation and trust land is not required to meet the requirement in section 402(f)(2) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(2) This title may be cited as the Department of Housing and Urban Development Appropriations Act, 2022 III RELATED AGENCIES Access Board SALARIES AND EXPENSES For expenses necessary for the Access Board, as authorized by section 502 of the Rehabilitation Act of 1973 ( 29 U.S.C. 792 Provided Federal Maritime Commission SALARIES AND EXPENSES For necessary expenses of the Federal Maritime Commission as authorized by section 201(d) of the Merchant Marine Act, 1936, as amended ( 46 U.S.C. 46107 Provided National Railroad Passenger Corporation Office of Inspector General SALARIES AND EXPENSES For necessary expenses of the Office of Inspector General for the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978 ( 5 U.S.C. App. 3 Provided Provided further Provided further Provided further National transportation safety board SALARIES AND EXPENSES For necessary expenses of the National Transportation Safety Board, including hire of passenger motor vehicles and aircraft; services as authorized by section 3109 of title 5, United States Code, but at rates for individuals not to exceed the per diem rate equivalent to the rate for a GS–15; uniforms, or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code, $123,400,000, of which not to exceed $2,000 may be used for official reception and representation expenses: Provided Neighborhood reinvestment corporation PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION For payment to the Neighborhood Reinvestment Corporation for use in neighborhood reinvestment activities, as authorized by the Neighborhood Reinvestment Corporation Act ( 42 U.S.C. 8101–8107 Provided Surface transportation board SALARIES AND EXPENSES For necessary expenses of the Surface Transportation Board, including services authorized by section 3109 of title 5, United States Code, $39,152,000: Provided Provided further United states interagency council on homelessness OPERATING EXPENSES For necessary expenses, including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms, and the employment of experts and consultants under section 3109 of title 5, United States Code, of the United States Interagency Council on Homelessness in carrying out the functions pursuant to title II of the McKinney-Vento Homeless Assistance Act, as amended, $3,800,000. IV GENERAL PROVISIONS—THIS ACT 401. None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act. 402. None of the funds appropriated in this Act shall remain available for obligation beyond the current fiscal year, nor may any be transferred to other appropriations, unless expressly so provided herein. 403. The expenditure of any appropriation under this Act for any consulting service through a procurement contract pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. 404. (a) None of the funds made available in this Act may be obligated or expended for any employee training that— (1) does not meet identified needs for knowledge, skills, and abilities bearing directly upon the performance of official duties; (2) contains elements likely to induce high levels of emotional response or psychological stress in some participants; (3) does not require prior employee notification of the content and methods to be used in the training and written end of course evaluation; (4) contains any methods or content associated with religious or quasi-religious belief systems or new age (5) is offensive to, or designed to change, participants' personal values or lifestyle outside the workplace. (b) Nothing in this section shall prohibit, restrict, or otherwise preclude an agency from conducting training bearing directly upon the performance of official duties. 405. Except as otherwise provided in this Act, none of the funds provided in titles I or III of this Act, provided by previous appropriations Acts to the agencies or entities funded in titles I or III of this Act that remain available for obligation or expenditure in fiscal year 2022, or provided from any accounts in the Treasury derived by the collection of fees and available to the agencies funded by titles I or III of this Act, shall be available for obligation or expenditure through a reprogramming of funds that— (1) creates a new program; (2) eliminates a program, project, or activity; (3) increases funds or personnel for any program, project, or activity for which funds have been denied or restricted by the Congress; (4) proposes to use funds directed for a specific activity by either the House or Senate Committees on Appropriations for a different purpose; (5) augments existing programs, projects, or activities in excess of $5,000,000 or 10 percent, whichever is less; (6) reduces existing programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates, reorganizes, or restructures a branch, division, office, bureau, board, commission, agency, administration, or department different from the budget justifications submitted to the Committees on Appropriations or the table accompanying the explanatory statement accompanying this Act, whichever is more detailed, unless prior approval is received from the House and Senate Committees on Appropriations: Provided Provided further (A) a table for each appropriation with a separate column to display the prior year enacted level, the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level; (B) a delineation in the table for each appropriation and its respective prior year enacted level by object class and program, project, and activity as detailed in this Act, the table accompanying the explanatory statement accompanying this Act, accompanying reports of the House and Senate Committee on Appropriations, or in the budget appendix for the respective appropriations, whichever is more detailed, and shall apply to all items for which a dollar amount is specified and to all programs for which new budget (obligational) authority is provided, as well as to discretionary grants and discretionary grant allocations; and (C) an identification of items of special congressional interest. 406. Except as otherwise specifically provided by law, not to exceed 50 percent of unobligated balances remaining available at the end of fiscal year 2022 from appropriations made available for salaries and expenses for fiscal year 2022 in this Act, shall remain available through September 30, 2023, for each such account for the purposes authorized: Provided Provided further 407. No funds in this Act may be used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use: Provided Provided further Public Law 107–118 408. None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act. 409. No part of any appropriation contained in this Act shall be available to pay the salary for any person filling a position, other than a temporary position, formerly held by an employee who has left to enter the Armed Forces of the United States and has satisfactorily completed his or her period of active military or naval service, and has within 90 days after his or her release from such service or from hospitalization continuing after discharge for a period of not more than 1 year, made application for restoration to his or her former position and has been certified by the Office of Personnel Management as still qualified to perform the duties of his or her former position and has not been restored thereto. 410. No funds appropriated pursuant to this Act may be expended by an entity unless the entity agrees that in expending the assistance the entity will comply with sections 2 through 4 of the Act of March 3, 1933 ( 41 U.S.C. 8301–8305 Buy American Act 411. No funds appropriated or otherwise made available under this Act shall be made available to any person or entity that has been convicted of violating the Buy American Act ( 41 U.S.C. 8301–8305 412. None of the funds made available in this Act may be used for first-class airline accommodations in contravention of sections 301–10.122 and 301–10.123 of title 41, Code of Federal Regulations. 413. (a) None of the funds made available by this Act may be used to approve a new foreign air carrier permit under sections 41301 through 41305 of title 49, United States Code, or exemption application under section 40109 of that title of an air carrier already holding an air operators certificate issued by a country that is party to the U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval would contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport Agreement. (b) Nothing in this section shall prohibit, restrict or otherwise preclude the Secretary of Transportation from granting a foreign air carrier permit or an exemption to such an air carrier where such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air Transport Agreement and United States law. 414. None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees of a single agency or department of the United States Government, who are stationed in the United States, at any single international conference unless the relevant Secretary reports to the House and Senate Committees on Appropriations at least 5 days in advance that such attendance is important to the national interest: Provided international conference 415. None of the funds appropriated or otherwise made available under this Act may be used by the Surface Transportation Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount authorized for district court civil suit filing fees under section 1914 of title 28, United States Code. 416. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography. (b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities. 417. (a) None of the funds made available in this Act may be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or impede that Inspector General's access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. (b) A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. (c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.). (d) Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement. 418. None of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractors whose performance has been judged to be below satisfactory, behind schedule, over budget, or has failed to meet the basic requirements of a contract, unless the Agency determines that any such deviations are due to unforeseeable events, government-driven scope changes, or are not significant within the overall scope of the project and/or program unless such awards or incentive fees are consistent with 16.401(e)(2) of the Federal Acquisition Regulations. 419. (a) Section 4117 and subsections (a) and (b) of section 4195 of title 25, United States Code are amended by striking 2013 2023 (b) Section 4243 of title 25, United States Code, and paragraphs (5)(C) and (7) of subsection (j) of section 1715z–13b of title 12, United States Code, are amended by striking , 2002, 2003, 2004, and 2005 through 2023 (c) Section 1715z–13a(i)(5)(C) of title 12, United State Code, is amended by striking 2012 2023 V Reforming Disaster Recovery Act Short title 501. This title may be cited as the Reforming Disaster Recovery Act Findings 502. Congress finds that— (1) following a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (2) unmet disaster recovery needs, including housing assistance needs, can be especially widespread among persons with extremely low, low, and moderate incomes; (3) economic, social, and housing hardships that affect communities before disasters are exacerbated during crises and can delay and complicate long-term recovery, especially after catastrophic major disasters; (4) States, units of local government, and Indian Tribes within the most impacted and distressed areas resulting from major disasters benefit from flexibility to design programs that meet local needs, but face inadequate financial, technical, and staffing capacity to plan and carry out sustained recovery, restoration, and mitigation activities; (5) the speed and effectiveness considerations of long-term recovery from catastrophic major disasters is improved by predictable investments that support disaster relief, long-term recovery, restoration of housing and infrastructure, and economic revitalization, primarily for the benefit of low- and moderate-income persons; (6) undertaking activities that mitigate the effects of future natural disasters and extreme weather and increase the stock of affordable housing, including affordable rental housing, as part of long-term recovery can significantly reduce future fiscal and social costs, especially within high-risk areas, and can help to address outstanding housing and community development needs by creating jobs and providing other economic and social benefits within communities that further promote recovery and resilience; and (7) the general welfare and security of the nation and the health and living standards of its people require targeted resources to support State and local governments in carrying out their responsibilities in disaster recovery and mitigation through interim and long-term housing and community development activities that primarily benefit persons of low and moderate income. Definitions 503. In this Act: (1) Department The term Department (2) Fund The term Fund (3) Secretary The term Secretary Duties of the Department of Housing and Urban Development 504. (a) In general The offices and officers of the Department shall be responsible for— (1) leading and coordinating the disaster-related responsibilities of the Department under the National Response Framework, the National Disaster Recovery Framework, and the National Mitigation Framework; (2) coordinating and administering programs, policies, and activities of the Department related to disaster relief, long-term recovery, resiliency, and mitigation, including disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. (3) supporting disaster-impacted communities as those communities specifically assess, plan for, and address the housing stock and housing needs in the transition from emergency shelters and interim housing to permanent housing of those displaced, especially among vulnerable populations and extremely low-, low-, and moderate-income households; (4) collaborating with the Federal Emergency Management Agency, the Small Business Administration, and across the Department to align disaster-related regulations and policies, including incorporation of consensus-based codes and standards and insurance purchase requirements, and ensuring coordination and reducing duplication among other Federal disaster recovery programs; (5) promoting best practices in mitigation and land use planning, including consideration of traditional, natural, and nature-based infrastructure alternatives; (6) coordinating technical assistance, including mitigation, resiliency, and recovery training and information on all relevant legal and regulatory requirements, to entities that receive disaster recovery assistance under title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. (7) supporting State, Tribal, and local governments in developing, coordinating, and maintaining their capacity for disaster resilience and recovery, and developing pre-disaster recovery and hazard mitigation plans, in coordination with the Federal Emergency Management Agency and other Federal agencies. (b) Establishment of the Office of Disaster Management and Resiliency Section 4 of the Department of Housing and Urban Development Act ( 42 U.S.C. 3533 (i) Office of Disaster Management and Resiliency (1) Establishment There is established, in the Office of the Secretary, the Office of Disaster Management and Resiliency. (2) Duties The Office of Disaster Management and Resiliency shall— (A) be responsible for oversight and coordination of all departmental disaster preparedness and response responsibilities; and (B) coordinate with the Federal Emergency Management Agency, the Small Business Administration, and the Office of Community Planning and Development and other offices of the Department in supporting recovery and resilience activities to provide a comprehensive approach in working with communities. . Long-Term Disaster Recovery Fund 505. (a) Establishment There is established in the Treasury of the United States an account to be known as the Long-Term Disaster Recovery Fund. (b) Deposits, transfers, and credit (1) In general The Fund shall consist of amounts appropriated, transferred, and credited to the Fund. (2) Transfers The following may be transferred to the Fund: (A) Amounts made available through section 106(c)(4) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(c)(4) (B) Any unobligated balances available until expended remaining or subsequently recaptured from amounts appropriated for any disaster and related purposes under the heading Community Development Fund (3) Use of transferred amounts Amounts transferred to the Fund shall be used for the eligible uses described in subsection (c). (c) Eligible uses of fund (1) In general Amounts in the Fund shall be available— (A) to provide assistance in the form of grants under section 123 of the Housing and Community Development Act of 1974, as added by section 506; and (B) for activities of the Department that support the provision of such assistance, including necessary salaries and expenses, information technology, capacity building and technical assistance (including assistance related to pre-disaster planning), and readiness and other pre-disaster planning activities that are not readily attributable to a single major disaster. (2) Set aside Of each amount appropriated for or transferred to the Fund, 2 percent shall be made available for activities described in paragraph (1)(B), which shall be in addition to other amounts made available for those activities. (3) Transfer of funds Amounts made available for use in accordance with paragraph (2)— (A) may be transferred to the account under the heading for Program Offices—Community Planning and Development (B) may be used for the activities described in paragraph (1)(B) and for the administrative costs of administering any funds appropriated to the Department under the heading Community Planning and Development—Community Development Fund 42 U.S.C. 5170 (d) Interchangeability of prior administrative amounts Any amounts appropriated in any Act prior to the establishment of the Fund and transferred to the account under the heading Program Offices Salaries and Expenses—Community Planning and Development Community Planning and Development—Community Development Fund 42 U.S.C. 5170 (e) Availability of amounts Amounts appropriated, transferred and credited to the Fund shall remain available until expended. (f) Formula allocation Use of amounts in the Fund for grants shall be made by formula allocation in accordance with the requirements of section 123(a) of the Housing and Community Development Act of 1974, as added by section 506. (g) Authorization of appropriations There are authorized to be appropriated to the Fund such sums as may be necessary to respond to current or future major disasters declared under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5179 Establishment of CDBG disaster recovery program 506. Title I of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5301 et seq. (1) in section 102(a) ( 42 U.S.C. 5302(a) (A) in paragraph (20)— (i) by redesignating subparagraph (B) as subparagraph (C); (ii) in subparagraph (C), as so redesignated, by inserting or (B) subparagraph (A) (iii) by inserting after subparagraph (A) the following: (B) The term persons of extremely low income 42 U.S.C. 1437a(b)(2)(C) ; and (B) by adding at the end the following: (25) The term major disaster 42 U.S.C. 5122 ; (2) in section 106(c)(4) ( 42 U.S.C. 5306(c)(4) (A) in subparagraph (A)— (i) by striking declared by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq. (ii) inserting States for use in nonentitlement areas and to metropolitan cities (iii) inserting major affected by the (B) in subparagraph (C)— (i) by striking metropolitan city or State, metropolitan city, or (ii) by striking city or county State, city, or county (iii) by inserting major disaster (C) in subparagraph (D), by striking metropolitan cities and States, metropolitan cities, and (D) in subparagraph (F)— (i) by striking metropolitan city or State, metropolitan city, or (ii) by inserting major disaster (E) in subparagraph (G), by striking metropolitan city or State, metropolitan city, or (3) in section 122 ( 42 U.S.C. 5321 disaster under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 et seq. major disaster (4) by adding at the end the following: 123. Community development block grant disaster recovery program (a) Authorization, formula, and allocation (1) Authorization The Secretary is authorized to make community development block grant disaster recovery grants from the Long-Term Disaster Recovery Fund established under section 505 of the Reforming Disaster Recovery Act Fund (2) Grant awards Grants shall be awarded under this section to States, units of general local government, and Indian tribes based on capacity and the concentration of damage, as determined by the Secretary, to support the efficient and effective administration of funds. (3) Section 106 allocations Grants under this section shall not be considered relevant to the formula allocations made pursuant to section 106. (4) Federal register notice (A) In general Not later than 30 days after the date of enactment of this section, the Secretary shall issue a notice in the Federal Register containing the latest formula allocation methodologies used to determine the total estimate of unmet needs related to housing, economic revitalization, and infrastructure in the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Public comment In the notice issued under subparagraph (A), the Secretary shall solicit public comments on— (i) the methodologies described in subparagraph (A) and seek alternative methods for formula allocation within a similar total amount of funding; (ii) the impact of formula methodologies on rural areas and Tribal areas; (iii) adjustments to improve targeting to the most serious needs; (iv) objective criteria for grantee capacity and concentration of damage to inform grantee determinations and minimum allocation thresholds; and (v) research and data to inform an additional amount to be provided for mitigation depending on type of disaster, which shall be no more than 30 percent of the total estimate of unmet needs. (5) Regulations (A) In general The Secretary shall, by regulation, establish a formula to allocate assistance from the Fund to the most impacted and distressed areas resulting from a catastrophic major disaster. (B) Formula requirements The formula established under subparagraph (A) shall— (i) set forth criteria to determine that a major disaster is catastrophic, which criteria shall consider the presence of a high concentration of damaged housing or businesses that individual, State, Tribal, and local resources could not reasonably be expected to address without additional Federal assistance, or other nationally encompassing data that the Secretary determines are adequate to assess relative impact and distress across geographic areas. (ii) include a methodology for identifying most impacted and distressed areas, which shall consider unmet serious needs related to housing, economic revitalization, and infrastructure; (iii) include an allocation calculation that considers the unmet serious needs resulting from the catastrophic major disaster and an additional amount up to 30 percent for activities to reduce risks of loss resulting from other natural disasters in the most impacted and distressed area, primarily for the benefit of low- and moderate-income persons, with particular focus on activities that reduce repetitive loss of property and critical infrastructure; and (iv) establish objective criteria for periodic review and updates to the formula to reflect changes in available science and data. (C) Minimum allocation threshold The Secretary shall, by regulation, establish a minimum allocation threshold. (D) Interim allocation Until such time that the Secretary issues final regulations under this paragraph, the Secretary shall— (i) allocate assistance from the Fund using the formula allocation methodology published in accordance with paragraph (4); and (ii) include an additional amount for mitigation equal to 15 percent of the total estimate of unmet need. (6) Allocation of funds (A) In general The Secretary shall— (i) except as provided in clause (ii), not later than 90 days after the President declares a major disaster, use best available data to determine whether the major disaster is catastrophic and qualifies for assistance under the formula in paragraph (4) or (5), unless data is insufficient to make this determination; and (ii) if the best available data is insufficient to make the determination required under clause (i) within the 90-day period described in that clause, the Secretary shall determine whether the major disaster qualifies when sufficient data becomes available, but in no case shall the Secretary make the determination later than 120 days after the declaration of the major disaster. (B) Announcement of allocation If amounts are available in the Fund at the time the Secretary determines that the major disaster is catastrophic and qualifies for assistance under the formula in paragraph (4) or (5), the Secretary shall immediately announce an allocation for a grant under this section. (C) Additional amounts If additional amounts are appropriated to the Fund after amounts are allocated under subparagraph (B), the Secretary shall announce an allocation or additional allocation (if a prior allocation under subparagraph (B) was less than the formula calculation) within 15 days of any such appropriation. (7) Preliminary funding (A) In general To speed recovery, the Secretary is authorized to allocate and award preliminary grants from the Fund before making a determination under paragraph (6) if the Secretary projects, based on a preliminary assessment of impact and distress, that a major disaster is catastrophic and would likely qualify for funding under the formula in paragraph (4) or (5). (B) Amount (i) Maximum The Secretary may award preliminary funding under subparagraph (A) in an amount that is not more than $5,000,000. (ii) Sliding scale The Secretary shall, by regulation, establish a sliding scale for preliminary funding awarded under subparagraph (A) based on the size of the preliminary assessment of impact and distress. (C) Use of funds The uses of preliminary funding awarded under subparagraph (A) shall be limited to eligible activities that— (i) in the determination of the Secretary, will support faster recovery, improve the ability of the grantee to assess unmet recovery needs, plan for the prevention of improper payments, and reduce fraud, waste, and abuse; and (ii) may include evaluating the interim housing, permanent housing, and supportive service needs of the disaster impacted community, with special attention to vulnerable populations, such as homeless and low- to moderate-income households, to inform the grantee action plan required under subsection (c). (D) Consideration of funding Preliminary funding awarded under subparagraph (A)— (i) is not subject to the certification requirements of paragraph (h)(1); and (ii) shall not be considered when calculating the amount of the grant used for administrative costs, technical assistance, and planning activities that are subject to the requirements under subsection (f)(2). (E) Waiver To expedite the use of preliminary funding for activities described in this paragraph, the Secretary may waive requirements of this section in accordance with subsection (i). (F) Amended award (i) In general An award for preliminary funding under subparagraph (A) may be amended to add any subsequent amount awarded because of a determination by the Secretary that a major disaster is catastrophic and qualifies for assistance under the formula. (ii) Applicability Notwithstanding subparagraph (D), amounts provided by an amendment under clause (i) are subject to the requirements under subsections (h)(1) and (f)(1) and other requirements on grant funds under this section. (G) Technical assistance Concurrent with the allocation of any preliminary funding awarded under this paragraph, the Secretary shall assign or provide technical assistance to the recipient of the grant. (b) Interchangeability The Secretary— (1) is authorized to approve the use of grants under this section to be used interchangeably and without limitation for the same activities in the most impacted and distressed areas resulting from a declaration of another catastrophic major disaster that qualifies for assistance under the formula established under paragraph (4) or (5) of subsection (a); and (2) shall establish requirements to expedite the use of grants under this section for the purpose described in paragraph (1). (c) Grantee plans (1) Requirement Not later than 90 days after the date on which the Secretary announces a grant allocation under this section, unless an extension is granted by the Secretary, the grantee shall submit to the Secretary a plan for approval describing— (A) the activities the grantee will carry out with the grant under this section; (B) the criteria of the grantee for awarding assistance and selecting activities; (C) how the use of the grant under this section will address disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas (D) how the use of the grant funds for mitigation is consistent with hazard mitigation plans submitted to the Federal Emergency Management Agency under section 322 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5165 (E) the estimated amount proposed to be used for activities that will benefit persons of low- and moderate-income; (F) how the use of grant funds will repair and replace existing housing stock for vulnerable populations, including low- to moderate-income households; (G) how the grantee will address the priorities described in paragraph (5); (H) how uses of funds are proportional to unmet needs, as required under paragraph (5); (I) for State grantees that plan to distribute grant amounts to units of general local government, a description of the method of distribution; and (J) such other information as may be determined by the Secretary in regulation. (2) Public consultation To permit public examination and appraisal of the plan described in paragraph (1), to enhance the public accountability of grantees, and to facilitate coordination of activities with different levels of government, when developing the plan or substantial amendments proposed to the plan required under paragraph (1), a grantee shall— (A) publish the plan before adoption; (B) provide citizens, affected units of general local government, and other interested parties with reasonable notice of, and opportunity to comment on, the plan, with a public comment period of not less than 14 days; (C) consider comments received before submission to the Secretary; (D) follow a citizen participation plan for disaster assistance adopted by the grantee that, at a minimum, provides for participation of residents of the most impacted and distressed area affected by the major disaster that resulted in the grant under this section and other considerations established by the Secretary; and (E) undertake any consultation with interested parties as may be determined by the Secretary in regulation. (3) Approval The Secretary shall— (A) by regulation, specify criteria for the approval, partial approval, or disapproval of a plan submitted under paragraph (1), including approval of substantial amendments to the plan; (B) review a plan submitted under paragraph (1) upon receipt of the plan; (C) allow a grantee to revise and resubmit a plan or substantial amendment to a plan under paragraph (1) that the Secretary disapproves; (D) by regulation, specify criteria for when the grantee shall be required to provide the required revisions to a disapproved plan or substantial amendment under paragraph (1) for public comment prior to resubmission of the plan or substantial amendment to the Secretary; and (E) approve, partially approve, or disapprove a plan or substantial amendment under paragraph (1) not later than 60 days after the date on which the plan or substantial amendment is received by the Secretary. (4) Low- and moderate-income overall benefit (A) Use of funds Not less than 70 percent of a grant made under this section shall be used for activities that benefit persons of low and moderate income unless the Secretary— (i) specifically finds that— (I) there is compelling need to reduce the percentage for the grant; and (II) the housing needs of low- and moderate-income residents have been addressed; and (ii) issues a waiver and alternative requirements pursuant to subsection (i) to lower the percentage. (B) Regulations The Secretary shall, by regulation, establish protocols consistent with the findings of section 502 of the Reforming Disaster Recovery Act (5) Prioritization The grantee shall prioritize activities that— (A) assist persons with extremely low, low, and moderate incomes and other vulnerable populations to better recover from and withstand future disasters, emphasizing those with the most severe needs; (B) address affordable housing, including affordable rental housing, needs arising from a disaster or those needs present prior to a disaster; (C) prolong the life of housing and infrastructure; (D) use cost-effective means of preventing harm to people and property and incorporate protective features, redundancies, energy savings; and (E) other measures that will assure the continuation of critical services during future disasters. (6) Proportional allocation (A) In general A grantee under this section shall allocate grant funds proportional to unmet needs between housing activities, economic revitalization, and infrastructure, unless the Secretary— (i) specifically finds that— (I) there is a compelling need for a disproportional allocation among those unmet needs; and (II) the disproportional allocation described in subclause (I) is not inconsistent with the requirements under paragraph (4); and (ii) issues a waiver and alternative requirement pursuant to subsection (i) to allow for the disproportional allocation described in clause (i)(I). (B) Housing activities With respect to housing activities described in subparagraph (A)(i), grantees should address proportional needs between homeowners and renters, including low-income households in public housing and federally subsidized housing. (7) Disaster risk mitigation (A) Definition In this paragraph, the term hazard-prone areas (i) means areas identified by the Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, at risk from natural hazards that threaten property damage or health, safety, and welfare, such as floods, wildfires (including Wildland-Urban Interface areas), earthquakes, lava inundation, tornados, and high winds; and (ii) includes areas having special flood hazards as identified under the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4002 et seq. 42 U.S.C. 4001 et seq. (B) Hazard-prone areas The Secretary, in consultation with the Administrator of the Federal Emergency Management Agency, shall establish minimum construction standards, insurance purchase requirements, and other requirements for the use of grant funds in hazard-prone areas. (C) Special flood hazards For the areas described in subparagraph (A)(ii), the insurance purchase requirements established under subparagraph (B) shall meet or exceed the requirements under section 102(a) of the Flood Disaster Protection Act of 1973( 42 U.S.C. 4012a(a) (D) Consideration of future risks The Secretary may consider future risks to protecting property and health, safety, and general welfare, and the likelihood of those risks, when making the determination of or modification to hazard-prone areas under this paragraph. (8) Relocation (A) In general The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 ( 42 U.S.C. 4601 et seq. (B) Policy Each grantee under this section shall establish a relocation assistance policy that— (i) minimizes displacement and describes the benefits available to persons displaced as a direct result of acquisition, rehabilitation, or demolition in connection with an activity that is assisted by a grant under this section; and (ii) includes any appeal rights or other requirements that the Secretary establishes by regulation. (d) Certifications Any grant under this section shall be made only if the grantee certifies to the satisfaction of the Secretary that— (1) the grantee is in full compliance with the requirements under subsection (c)(2); (2) for grants other than grants to Indian tribes, the grant will be conducted and administered in conformity with the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq. 42 U.S.C. 3601 et seq. (3) the projected use of funds has been developed so as to give maximum feasible priority to activities that will benefit extremely low-, low-, and moderate-income families and activities described in subsection (c)(5), and may also include activities that are designed to aid in the prevention or elimination of slum and blight to support disaster recovery, meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community where other financial resources are not available to meet such needs, and alleviate future threats to human populations, critical natural resources, and property that an analysis of hazards shows are likely to result from natural disasters in the future; (4) the grant funds shall principally benefit persons of low and moderate income as described in subsection (c)(4); (5) for grants other than grants to Indian tribes, within 24 months of receiving a grant or at the time of its 3 or 5-year update, whichever is sooner, the grantee will review and make modifications to its non-disaster housing and community development plans and strategies required by subsections (c) and (m) of section 104 to reflect the disaster recovery needs identified by the grantee and consistency with the plan under subsection (c)(1); (6) the grantee will not attempt to recover any capital costs of public improvements assisted in whole or part under this section by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements, unless— (A) funds received under this section are used to pay the proportion of such fee or assessment that relates to the capital costs of such public improvements that are financed from revenue sources other than under this chapter; or (B) for purposes of assessing any amount against properties owned and occupied by persons of moderate income, the grantee certifies to the Secretary that the grantee lacks sufficient funds received under this section to comply with the requirements of subparagraph (A); (7) the grantee will comply with the other provisions of this title that apply to assistance under this section and with other applicable laws; (8) the grantee will follow a relocation assistance policy that includes any minimum requirements identified by the Secretary; and (9) the grantee will adhere to construction standards, insurance purchase requirements, and other requirements for development in hazard-prone areas described in subsection (c)(7). (e) Performance reviews and reporting (1) In general The Secretary shall, on not less frequently than an annual basis, make such reviews and audits as may be necessary or appropriate to determine whether a grantee under this section has— (A) carried out activities using grant funds in a timely manner; (B) met the performance targets established by paragraph (2); (C) carried out activities using grant funds in accordance with the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws; and (D) a continuing capacity to carry out activities in a timely manner. (2) Performance targets The Secretary shall develop and make publicly available critical performance targets for review, which shall include spending thresholds for each year from the date on which funds are obligated by the Secretary to the grantee until such time all funds have been expended. (3) Failure to meet targets (A) Suspension If a grantee under this section fails to meet 1 or more critical performance targets under paragraph (2), the Secretary may temporarily suspend the grant. (B) Performance improvement plan If the Secretary suspends a grant under subparagraph (A), the Secretary shall provide to the grantee a performance improvement plan with the specific requirements needed to lift the suspension within a defined time period. (C) Report If a grantee fails to meet the spending thresholds established under paragraph (2), the grantee shall submit to the Secretary, the appropriate committees of Congress, and each member of Congress who represents a district or State of the grantee a written report identifying technical capacity, funding, or other Federal or State impediments affecting the ability of the grantee to meet the spending thresholds. (4) Collection of information and reporting (A) Requirement to report A grantee under this section shall provide to the Secretary such information as the Secretary may determine necessary for adequate oversight of the grant program under this section. (B) Public availability Subject to subparagraph (D), the Secretary shall make information submitted under subparagraph (A) available to the public and to the Inspector General for the Department of Housing and Urban Development, disaggregated by income, geography, and all classes of individuals protected under section 109. (C) Summary status reports To increase transparency and accountability of the grant program under this section the Secretary shall, on not less frequently than an annual basis, post on a public facing dashboard summary status reports for all active grants under this section that includes— (i) the status of funds by activity; (ii) the percentages of funds allocated and expended to benefit low- and moderate-income communities; (iii) performance targets, spending thresholds, and accomplishments; and (iv) other information the Secretary determines to be relevant for transparency. (D) Considerations In carrying out this paragraph, the Secretary— (i) shall take such actions as may be necessary to ensure that personally identifiable information regarding applicants for assistance provided from funds made available under this section is not made publicly available; and (ii) may make full and unredacted information available to academic institutions for the purpose of researching into the equitable distribution of recovery funds and adherence to civil rights protections. (f) Eligible activities (1) In general Activities assisted under this section— (A) may include activities permitted under section 105 or other activities permitted by the Secretary by waiver or alternative requirement pursuant to subsection (i); and (B) shall be related to disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from the major disaster for which the grant was awarded. (2) Prohibition Grant funds under this section may not be used for costs reimbursable by, or for which funds have been made available by, the Federal Emergency Management Agency or the United States Army Corps of Engineers. (3) Administrative costs, technical assistance and planning (A) In general The Secretary shall establish in regulation the maximum grant amounts a grantee may use for administrative costs, technical assistance and planning activities, taking into consideration size of grant, complexity of recovery, and other factors as determined by the Secretary, but not to exceed 10 percent for administration and 20 percent in total. (B) Availability Amounts available for administrative costs for a grant under this section shall be available for eligible administrative costs of the grantee for any grant made under this section, without regard to a particular disaster. (4) Program income Notwithstanding any other provision of law, any grantee under this section may retain program income that is realized from grants made by the Secretary under this section if the grantee agrees that the grantee will utilize the program income in accordance with the requirements for grants under this section, except that the Secretary may— (A) by regulation, exclude from consideration as program income any amounts determined to be so small that compliance with this paragraph creates an unreasonable administrative burden on the grantee; or (B) permit the grantee to transfer remaining program income to the other grants of the grantee under this title upon closeout of the grant. (5) Prohibition on use of assistance for employment relocation activities (A) In general Grants under this section may not be used to assist directly in the relocation of any industrial or commercial plant, facility, or operation, from one area to another area, if the relocation is likely to result in a significant loss of employment in the labor market area from which the relocation occurs. (B) Applicability The prohibition under subparagraph (A) shall not apply to a business that was operating in the disaster-declared labor market area before the incident date of the applicable disaster and has since moved, in whole or in part, from the affected area to another State or to a labor market area within the same State to continue business. (6) Requirements Grants under this section are subject to the requirements of this section, the other provisions of this title that apply to assistance under this section, and other applicable laws, unless modified by waivers and alternative requirements in accordance with subsection (i). (g) Environmental review (1) Adoption A recipient of funds provided under this section that uses the funds to supplement Federal assistance provided under section 402, 403, 404, 406, 407, 408(c)(4), 428, or 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170a (2) Approval of release of funds Notwithstanding section 104(g)(2), the Secretary or a State may, upon receipt of a request for release of funds and certification, immediately approve the release of funds for an activity or project to be assisted under this section if the recipient has adopted an environmental review, approval, or permit under paragraph (1) or the activity or project is categorically excluded from review under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. (3) Units of general local government The provisions of section 104(g)(4) shall apply to assistance under this section that a State distributes to a unit of general local government. (h) Financial controls and procedures (1) In general The Secretary shall develop requirements and procedures to demonstrate that a grantee under this section— (A) has adequate financial controls and procurement processes; (B) has adequate procedures to detect and prevent fraud, waste, abuse and duplication of benefit; and (C) maintains a comprehensive and publicly accessible website. (2) Certification Before making a grant under this section, the Secretary shall certify that the grantee has in place proficient processes and procedures to comply with the requirements developed under paragraph (1), as determined by the Secretary. (3) Compliance before allocation The Secretary may permit a State, unit of general local government, or Indian tribe to demonstrate compliance with the requirements for adequate financial controls developed under paragraph (1) before a disaster occurs and before receiving an allocation for a grant under this section. (4) Duplication of benefits (A) In general Funds made available under this subsection shall be used in accordance with section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5155 Public Law 115–254 (B) Penalties In any case in which the use of grant funds under this section results in a prohibited duplication of benefits, the grantee shall— (i) apply an amount equal to the identified duplication to any allowable costs of the award consistent with actual, immediate cash requirement; (ii) remit any excess amounts to the Secretary to be credited to the obligated, undisbursed balance of the grant consistent with requirements on Federal payments applicable to such grantee; and (iii) if excess amounts under clause (ii) are identified after the period of performance or after the closeout of the award, remit such amounts to the Secretary to be credited to the Fund. (C) Failure to comply A grantee that fails to comply with subparagraph (A) shall be subject to remedies for noncompliance under section 111, unless the Secretary publishes a determination in the Federal Register that it is not in the best interest of the Federal Government to pursue remedial actions. (i) Waivers (1) In general In administering grants under this section, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the Secretary administers in connection with the obligation by the Secretary or the use by the grantee of those funds (except for requirements related to fair housing, nondiscrimination, labor standards, the environment, and the requirements of this section that do not expressly authorize modifications by waiver or alternative requirement), if the Secretary makes a public finding that good cause exists for the waiver or alternative requirement and the waiver or alternative requirement would not be inconsistent with the findings in section 502 of the Reforming Disaster Recovery Act (2) Effective date A waiver or alternative requirement described in paragraph (1) shall not take effect before the date that is 5 days after the date of publication of the waiver or alternative requirement on the website of the Department of Housing and Urban Development or the effective date for any regulation published in the Federal Register. (3) Public notification The Secretary shall notify the public of all waivers described in paragraph (1) in accordance with the requirements of section 7(q)(3) of the Department of Housing and Urban Development Act ( 42 U.S.C. 3535(q)(3) (j) Unused amounts (1) Deadline to use amounts A grantee under this section shall use an amount equal to the grant within 6 years beginning on the date on which the Secretary obligates the amounts to the grantee, as such period may be extended under paragraph (4). (2) Recapture The Secretary shall recapture and credit to the Fund any amount that is unused by a grantee under this section upon the earlier of— (A) the date on which the grantee notifies the Secretary that the grantee has completed all activities identified in the disaster grantee’s plan under subsection (c); or (B) the expiration of the 6-year period described in paragraph (1), as such period may be extended under paragraph (4). (3) Retention of funds Notwithstanding paragraph (1), the Secretary may allow a grantee under this section to retain— (A) amounts needed to close out grants; and (B) up to 10 percent of the remaining funds to support maintenance of the minimal capacity to launch a new program in the event of a future disaster and to support pre-disaster long-term recovery and mitigation planning. (4) Extension of period for use of funds The Secretary may extend the 6-year period described in paragraph (1) by not more than 4 years, or not more than 6 years for mitigation activities, if— (A) the grantee submits to the Secretary— (i) written documentation of the exigent circumstances impacting the ability of the grantee to expend funds that could not be anticipated; or (ii) a justification that such request is necessary due to the nature and complexity of the program and projects; and (B) the Secretary submits a written justification for the extension to the Committees on Appropriations of Senate and the House of Representatives that specifies the period of that extension. . Regulations 507. (a) Proposed rules Following consultation with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies, not later than 6 months after the date of enactment of this Act, the Secretary shall issue proposed rules to carry out this Act and the amendments made by this Act and shall provide a 90-day period for submission of public comments on those proposed rules. (b) Final rules Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations to carry out section 123 of the Housing and Community Development Act of 1974, as added by section 506. Coordination of disaster recovery assistance, benefits, and data with other Federal agencies 508. (a) Coordination of disaster recovery assistance In order to ensure a comprehensive approach to Federal disaster relief, long-term recovery, restoration of housing and infrastructure, economic revitalization, and mitigation in the most impacted and distressed areas resulting from a catastrophic major disaster, the Secretary shall coordinate with the Federal Emergency Management Agency, to the greatest extent practicable, in the implementation of assistance authorized under section 123 of the Housing and Community Development Act of 1974, as added by section 506. (b) Data sharing agreements To support the coordination of data to prevent duplication of benefits with other Federal disaster recovery programs while also expediting recovery and reducing burden on disaster survivors, the Department shall establish data sharing agreements that safeguard privacy with relevant Federal agencies to ensure disaster benefits effectively and efficiently reach intended beneficiaries, while using effective means of preventing harm to people and property. (c) Data transfer from FEMA and SBA to HUD As permitted and deemed necessary for efficient program execution, and consistent with a computer matching agreement entered into under subsection (f)(1), the Administrator of the Federal Emergency Management Agency and the Administrator of the Small Business Administration shall provide data on disaster applicants to the Department, including, when necessary, personally identifiable information, disaster recovery needs, and resources determined eligible for, and amounts expended, to the Secretary for all major disasters declared by the President pursuant to section 401 of Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 (d) Data transfers from HUD to HUD grantees The Secretary is authorized to provide to grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 506, offices of the Department, technical assistance providers, and lenders information that in the determination of the Secretary is reasonably available and appropriate to inform the provision of assistance after a major disaster, including information provided to the Secretary by the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies. (e) Data transfers from HUD grantees to HUD, FEMA, and SBA (1) Reporting Grantees under section 123 of the Housing and Community Development Act of 1974, as added by section 506, shall report information requested by the Secretary on households, businesses, and other entities assisted and the type of assistance provided. (2) Sharing information The Secretary shall share information collected under paragraph (1) with the Federal Emergency Management Agency, the Small Business Administration, and other Federal agencies to support the planning and delivery of disaster recovery and mitigation assistance. (f) Privacy protection The Secretary may make and receive data transfers authorized under this section, including the use and retention of that data for computer matching programs, to inform the provision of assistance, assess disaster recovery needs, and prevent the duplication of benefits and other waste, fraud, and abuse, provided that— (1) the Secretary enters a computer matching agreement with the Administrator of the Federal Emergency Management Agency, the Administrator of the Small Business Administration, or other Federal agencies covering the transfer of data; (2) the Secretary publishes intent to disclose data in the Federal Register; (3) notwithstanding paragraphs (1) and (2), section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 (A) in the determination of the Secretary, include measures adequate to safeguard the privacy and personally identifiable information of individuals; and (B) include provisions that describe how the personally identifiable information of an individual will be adequately safeguarded and protected, which requires consultation with the Secretary and the head of each Federal agency the data of which is being shared subject to the agreement. This Act may be cited as the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022

Summary: Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2022 This bill provides FY2022 appropriations to the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies. The bill provides appropriations to DOT for the Office of the Secretary, the Federal Aviation Administration, the Federal Highway Administration, the Federal Motor Carrier Safety Administration, the National Highway Traffic Safety Administration, the Federal Railroad Administration, the Federal Transit Administration, the Great Lakes St. Lawrence Seaway Development Corporation, the Maritime Administration, the Pipeline and Hazardous Materials Safety Administration, and the Office of Inspector General. The bill provides appropriations to HUD for Management and Administration, Public and Indian Housing, Community Planning and Development, Housing Programs, the Federal Housing Administration, the Government National Mortgage Association (Ginnie Mae), Policy Development and Research, Fair Housing and Equal Opportunity, the Office of Lead Hazard Control and Healthy Homes, the Information Technology Fund, and the Office of Inspector General. The bill also provides appropriations to several related agencies, including the Access Board, the Federal Maritime Commission, the National Railroad Passenger Corporation (Amtrak) Office of Inspector General, the National Transportation Safety Board, the Neighborhood Reinvestment Corporation, the Surface Transportation Board, and the U.S. Interagency Council on Homelessness. The bill includes several provisions that establish requirements and authorities for HUD's programs and activities related to disaster relief and recovery. Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations acts.