1661 
September 30, 2024: Provided, That the amounts made 
available under this heading are provided as follows: 
(1) $4,839,000,000 shall be available to the Sec-
retary to allocate pursuant to the Operating Fund 
formula at part 990 of title 24, Code of Federal Regu-
lations, for 2021 payments; 
(2) $25,000,000 shall be available to the Sec-
retary to allocate pursuant to a need-based applica-
tion 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 Sec-
retary: Provided, That after all such shortfall needs 
are met, the Secretary may distribute any remaining 
funds to all public housing agencies on a pro-rata 
basis pursuant to such Operating Fund formula; 
(3) $2,765,000,000 shall be available to the Sec-
retary to allocate pursuant to the Capital Fund for-
mula at section 905.400 of title 24, Code of Federal 
Regulations: Provided, That for funds provided under 
this paragraph, the limitation in section 9(g)(1) of 
the Act shall be 25 percent: Provided further, That the 
Secretary may waive the limitation in the previous 
proviso to allow public housing agencies to fund ac-
tivities authorized under section 9(e)(1)(C) of the Act: 
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Provided further, That the Secretary shall notify pub-
lic housing agencies requesting waivers under the pre-
vious proviso if the request is approved or denied 
within 14 days of submitting the request: Provided 
further, That from the funds made available under 
this paragraph, the Secretary shall provide bonus 
awards in fiscal year 2021 to public housing agencies 
that are designated high performers: Provided further, 
That the Department shall notify public housing 
agencies of their formula allocation within 60 days of 
enactment of this Act; 
(4) $75,000,000 shall be available for the Sec-
retary 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 unpre-
ventable emergencies and natural disasters excluding 
Presidentially declared emergencies and natural dis-
asters under the Robert T. Stafford Disaster Relief 
and Emergency Act (42 U.S.C. 5121 et seq.) occur-
ring in fiscal year 2021, of which $45,000,000 shall 
be available for public housing agencies under admin-
istrative and judicial receiverships or under the con-
trol of a Federal monitor: Provided, That of the 
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1663 
amount made available under this paragraph, not 
less than $10,000,000 shall be for safety and security 
measures: Provided further, That in addition to the 
amount in the previous proviso for such safety and 
security measures, any amounts that remain avail-
able, after all applications received on or before Sep-
tember 30, 2022, for emergency capital needs have 
been processed, shall be allocated to public housing 
agencies for such safety and security measures; 
(5) $25,000,000 shall be for competitive grants to 
public housing agencies to evaluate and reduce lead- 
based paint hazards in public housing by carrying 
out the activities of risk assessments, abatement, and 
interim controls (as those terms are defined in section 
1004 of the Residential Lead-Based Paint Hazard 
Reduction Act of 1992 (42 U.S.C. 4851b)): Provided, 
That for purposes of environmental review, a grant 
under this paragraph shall be considered funds for 
projects or activities under title I of the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) for pur-
poses of section 26 of such Act (42 U.S.C. 1437x) and 
shall be subject to the regulations implementing such 
section; 
(6) $35,000,000 shall be for competitive grants to 
public housing agencies for activities authorized 
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1664 
under the Healthy Homes Initiative, pursuant to sec-
tions 501 and 502 of the Housing and Urban Devel-
opment Act of 1970, which shall include research, 
studies, testing, and demonstration efforts, including 
education and outreach concerning mold, radon, car-
bon monoxide poisoning, and other housing-related 
diseases and hazards; 
(7) $15,000,000 shall be to support the costs of 
administrative and judicial receiverships and for 
competitive grants to PHAs in receivership, des-
ignated 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; 
(8) $23,000,000 shall be to support ongoing pub-
lic housing financial and physical assessment activi-
ties; and 
(9) $4,000,000 shall be for a radon testing and 
mitigation resident safety demonstration program 
(the radon demonstration) in public housing: Pro-
vided, That the testing method, mitigation method, or 
action level used under the radon demonstration shall 
be as specified by applicable State or local law, if 
such law is more protective of human health or the 
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1665 
environment than the method or level specified by the 
Secretary: 
Provided further, That notwithstanding any other provision 
of law or regulation, during fiscal year 2021, the Secretary 
of Housing and Urban Development may not delegate to 
any Department official other than the Deputy Secretary 
and the Assistant Secretary for Public and Indian Housing 
any authority under paragraph (2) of section 9(j) of the 
Act regarding the extension of the time periods under such 
section: Provided further, That for purposes of such section 
9(j), the term ‘‘obligate’’ means, with respect to amounts, 
that the amounts are subject to a binding agreement that 
will result in outlays, immediately or in the future. 
CHOICE NEIGHBORHOODS INITIATIVE 
For competitive grants under the Choice Neighborhoods 
Initiative (subject to section 24 of the United States Hous-
ing Act of 1937 (42 U.S.C. 1437v) unless otherwise specified 
under this heading), for transformation, rehabilitation, and 
replacement housing needs of both public and HUD-assisted 
housing and to transform neighborhoods of poverty into 
functioning, sustainable mixed income neighborhoods with 
appropriate services, schools, public assets, transportation 
and access to jobs, $200,000,000, to remain available until 
September 30, 2023: Provided, That grant funds may be 
used for resident and community services, community de-
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1666 
velopment, and affordable housing needs in the community, 
and for conversion of vacant or foreclosed properties to af-
fordable housing: Provided further, That the use of funds 
made available under this heading shall not be deemed to 
be for public housing notwithstanding section 3(b)(1) of 
such Act: Provided further, That grantees shall commit to 
an additional period of affordability determined by the Sec-
retary of not fewer than 20 years: Provided further, That 
grantees shall provide a match in State, local, other Federal 
or private funds: Provided further, That grantees may in-
clude local governments, Tribal entities, public housing 
agencies, and nonprofit organizations: Provided further, 
That for-profit developers may apply jointly with a public 
entity: Provided further, That for purposes of environ-
mental review, a grantee shall be treated as a public hous-
ing agency under section 26 of the United States Housing 
Act of 1937 (42 U.S.C. 1437x), and grants made with 
amounts available under this heading shall be subject to the 
regulations issued by the Secretary to implement such sec-
tion: Provided further, That of the amount provided under 
this heading, not less than $100,000,000 shall be awarded 
to public housing agencies: Provided further, That such 
grantees shall create partnerships with other local organiza-
tions, including assisted housing owners, service agencies, 
and resident organizations: Provided further, That the Sec-
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retary shall consult with the Secretaries of Education, 
Labor, Transportation, Health and Human Services, Agri-
culture, and Commerce, the Attorney General, and the Ad-
ministrator of the Environmental Protection Agency to co-
ordinate and leverage other appropriate Federal resources: 
Provided further, That not more than $5,000,000 of funds 
made available under this heading may be provided as 
grants to undertake comprehensive local planning with 
input from residents and the community: Provided further, 
That unobligated balances, including recaptures, remaining 
from funds appropriated under the heading ‘‘Revitalization 
of Severely Distressed Public Housing (HOPE VI)’’ in fis-
cal year 2011 and prior fiscal years may be used for pur-
poses under this heading, notwithstanding the purposes for 
which such amounts were appropriated: Provided further, 
That the Secretary shall make grant awards not later than 
1 year after the date of enactment of this Act in such 
amounts that the Secretary determines: Provided further, 
That notwithstanding section 24(o) of the United States 
Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary 
may, until September 30, 2023, obligate any available un-
obligated balances made available under this heading in 
this or any prior Act. 
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1668 
SELF-SUFFICIENCY PROGRAMS 
For activities and assistance related to Self-Sufficiency 
Programs, to remain available until September 30, 2024, 
$155,000,000: Provided, That the amounts made available 
under this heading are provided as follows: 
(1) $105,000,000 shall be for the Family Self- 
Sufficiency program to support family self-sufficiency 
coordinators under section 23 of the United States 
Housing Act of 1937 (42 U.S.C. 1437u), to promote 
the development of local strategies to coordinate the 
use of assistance under sections 8 and 9 of such Act 
with public and private resources, and enable eligible 
families to achieve economic independence and self- 
sufficiency: Provided, That the Secretary may, by 
Federal Register notice, waive or specify alternative 
requirements under subsections (b)(3), (b)(4), (b)(5), 
or (c)(1) of section 23 of such Act in order to facili-
tate the operation of a unified self-sufficiency pro-
gram for individuals receiving assistance under dif-
ferent provisions of such Act, as determined by the 
Secretary: Provided further, That owners or sponsors 
of a multifamily property receiving project-based 
rental assistance under section 8 of such Act may vol-
untarily make a Family Self-Sufficiency program 
available to the assisted tenants of such property in 
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1669 
accordance with procedures established by the Sec-
retary: Provided further, That such procedures estab-
lished pursuant to the previous proviso shall permit 
participating tenants to accrue escrow funds in ac-
cordance with section 23(d)(2) of such Act and shall 
allow owners to use funding from residual receipt ac-
counts to hire coordinators for their own Family Self- 
Sufficiency program; 
(2) $35,000,000 shall be for the Resident Oppor-
tunity and Self-Sufficiency program to provide for 
supportive services, service coordinators, and con-
gregate services as authorized by section 34 of the 
United States Housing Act of 1937 (42 U.S.C. 1437z– 
6) and the Native American Housing Assistance and 
Self-Determination Act of 1996 (25 U.S.C. 4101 et 
seq.); and 
(3) $15,000,000 shall be for a Jobs-Plus initia-
tive, modeled after the Jobs-Plus demonstration: Pro-
vided, That funding provided under this paragraph 
shall be available for competitive grants to partner-
ships between public housing authorities, local work-
force investment boards established under section 107 
of the Workforce Innovation and Opportunity Act of 
2014 (29 U.S.C. 3122), and other agencies and orga-
nizations that provide support to help public housing 
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1670 
residents obtain employment and increase earnings: 
Provided further, That applicants must demonstrate 
the ability to provide services to residents, partner 
with workforce investment boards, and leverage serv-
ice dollars: Provided further, That the Secretary may 
allow public housing agencies to request exemptions 
from rent and income limitation requirements under 
sections 3 and 6 of the United States Housing Act of 
1937 (42 U.S.C. 1437a, 1437d), as necessary to im-
plement the Jobs-Plus program, on such terms and 
conditions as the Secretary may approve upon a find-
ing by the Secretary that any such waivers or alter-
native requirements are necessary for the effective im-
plementation of the Jobs-Plus initiative as a vol-
untary program for residents: Provided further, That 
the Secretary shall publish by notice in the Federal 
Register any waivers or alternative requirements pur-
suant to the preceding proviso no later than 10 days 
before the effective date of such notice. 
NATIVE AMERICAN PROGRAMS 
For activities and assistance authorized under title I 
of the Native American Housing Assistance and Self-Deter-
mination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et 
seq.), title I of the Housing and Community Development 
Act of 1974 with respect to Indian tribes (42 U.S.C. 
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5306(a)(1)), and related training and technical assistance, 
$825,000,000, to remain available until September 30, 
2025: Provided, That the amounts made available under 
this heading are provided as follows: 
(1) $647,000,000 shall be available for the Native 
American Housing Block Grants program, as author-
ized under title I of NAHASDA: Provided, That, not-
withstanding NAHASDA, to determine the amount of 
the allocation under title I of such Act for each In-
dian tribe, the Secretary shall apply the formula 
under section 302 of NAHASDA with the need com-
ponent based on single-race census data and with the 
need component based on multi-race census data, and 
the amount of the allocation for each Indian tribe 
shall be the greater of the two resulting allocation 
amounts: Provided further, That the Secretary will 
notify grantees of their formula allocation within 60 
days of the date of enactment of this Act; 
(2) $100,000,000 shall be available for competi-
tive grants under the Native American Housing Block 
Grants program, as authorized under title I of 
NAHASDA: Provided, That the Secretary shall obli-
gate this additional amount for competitive grants to 
eligible recipients authorized under NAHASDA that 
apply for funds: Provided further, That in awarding 
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this additional amount, the Secretary shall consider 
need and administrative capacity, and shall give pri-
ority to projects that will spur construction and reha-
bilitation of housing: Provided further, That a grant 
funded pursuant to this paragraph shall be in an 
amount not less than $500,000 and not greater than 
$10,000,000: Provided further, That any funds trans-
ferred for the necessary costs of administering and 
overseeing the obligation and expenditure of such ad-
ditional amounts in prior Acts may also be used for 
the necessary costs of administering and overseeing 
such additional amount; 
(3) $1,000,000 shall be available for the cost of 
guaranteed notes and other obligations, as authorized 
by title VI of NAHASDA: Provided, That such costs, 
including the costs of modifying such notes and other 
obligations, shall be as defined in section 502 of the 
Congressional Budget Act of 1974, as amended: Pro-
vided further, That for fiscal year 2021 funds made 
available in this Act for the cost of guaranteed notes 
and other obligations and any unobligated balances, 
including recaptures and carryover, remaining from 
amounts appropriated for this purpose under this 
heading or under the heading ‘‘Native American 
Housing Block Grants’’ in prior Acts are available to 
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1673 
subsidize the total principal amount of any notes and 
other obligations, any part of which is to be guaran-
teed, not to exceed $45,649,452; 
(4) $70,000,000 shall be available for grants to 
Indian tribes for carrying out the Indian Community 
Development Block Grant program under title I of the 
Housing and Community Development Act of 1974, 
notwithstanding section 106(a)(1) of such Act, of 
which, notwithstanding any other provision of law 
(including section 203 of this Act), up to $4,000,000 
may be used for emergencies that constitute imminent 
threats to health and safety: Provided, That not to ex-
ceed 20 percent of any grant made with funds appro-
priated under this paragraph shall be expended for 
planning and management development and adminis-
tration; and 
(5) $7,000,000 shall be available for providing 
training and technical assistance to Indian tribes, In-
dian housing authorities, and tribally designated 
housing entities, to support the inspection of Indian 
housing units, contract expertise, and for training 
and technical assistance related to funding provided 
under this heading and other headings under this Act 
for the needs of Native American families and Indian 
country: Provided, That of the funds made available 
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1674 
under this paragraph, not less than $2,000,000 shall 
be available for a national organization as authorized 
under section 703 of NAHASDA (25 U.S.C. 4212): 
Provided further, That amounts made available under 
this paragraph may be used, contracted, or competed 
as determined by the Secretary: Provided further, 
That notwithstanding the provisions of the Federal 
Grant and Cooperative Agreements Act of 1977 (31 
U.S.C. 6301–6308), the amounts made available 
under this paragraph may be used by the Secretary 
to enter into cooperative agreements with public and 
private organizations, agencies, institutions, and 
other technical assistance providers to support the ad-
ministration of negotiated rulemaking under section 
106 of NAHASDA (25 U.S.C. 4116), the administra-
tion of the allocation formula under section 302 of 
NAHASDA (25 U.S.C. 4152), and the administration 
of performance tracking and reporting under section 
407 of NAHASDA (25 U.S.C. 4167). 
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM 
ACCOUNT 
For the cost of guaranteed loans, as authorized by sec-
tion 184 of the Housing and Community Development Act 
of 1992 (12 U.S.C. 1715z–13a), $1,500,000, to remain 
available until expended: Provided, That such costs, includ-
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ing the costs of modifying such loans, shall be as defined 
in section 502 of the Congressional Budget Act of 1974: Pro-
vided further, That an additional $500,000, to remain 
available until expended, shall be available for administra-
tive contract expenses including management processes to 
carry out the loan guarantee program: Provided further, 
That for fiscal year 2021 funds made available in this and 
prior Acts for the cost of guaranteed loans, as authorized 
by section 184 of the Housing and Community Development 
Act of 1992 (12 U.S.C. 1715z–13a), that are unobligated, 
including recaptures and carryover, are available to sub-
sidize total loan principal, any part of which is to be guar-
anteed, up to $1,000,000,000. 
NATIVE HAWAIIAN HOUSING BLOCK GRANT 
For the Native Hawaiian Housing Block Grant pro-
gram, as authorized under title VIII of the Native American 
Housing Assistance and Self-Determination Act of 1996 (25 
U.S.C. 4221 et seq.), $2,000,000, to remain available until 
September 30, 2025: Provided, That notwithstanding sec-
tion 812(b) of such Act, the Department of Hawaiian Home 
Lands may not invest grant amounts made available under 
this heading in investment securities and other obligations: 
Provided further, That amounts made available under this 
heading in this and prior fiscal years may be used to pro-
vide rental assistance to eligible Native Hawaiian families 
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1676 
both on and off the Hawaiian Home Lands, notwith-
standing any other provision of law. 
COMMUNITY PLANNING AND DEVELOPMENT 
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS 
For carrying out the Housing Opportunities for Per-
sons with AIDS program, as authorized by the AIDS Hous-
ing Opportunity Act (42 U.S.C. 12901 et seq.), 
$430,000,000, to remain available until September 30, 
2022, except that amounts allocated pursuant to section 
854(c)(5) of such Act shall remain available until Sep-
tember 30, 2023: Provided, That the Secretary shall renew 
or replace all expiring contracts for permanent supportive 
housing that initially were funded under section 854(c)(5) 
of such Act from funds made available under this heading 
in fiscal year 2010 and prior fiscal years that meet all pro-
gram requirements before awarding funds for new contracts 
under such section: Provided further, That the process for 
submitting amendments and approving replacement con-
tracts shall be established by the Secretary in a notice: Pro-
vided further, That the Department shall notify grantees of 
their formula allocation within 60 days of enactment of this 
Act. 
COMMUNITY DEVELOPMENT FUND 
For carrying out the community development block 
grant program under title I of the Housing and Community 
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Development Act of 1974, as amended (42 U.S.C. 5301 et 
seq.) (in this heading ‘‘the Act’’), $3,475,000,000, to remain 
available until September 30, 2023, unless otherwise speci-
fied: Provided, That unless explicitly provided for under 
this heading, not to exceed 20 percent of any grant made 
with funds made available under this heading shall be ex-
pended for planning and management development and ad-
ministration: Provided further, That a metropolitan city, 
urban county, unit of general local government, or insular 
area that directly or indirectly receives funds under this 
heading may not sell, trade, or otherwise transfer all or any 
portion of such funds to another such entity in exchange 
for any other funds, credits, or non-Federal considerations, 
but shall use such funds for activities eligible under title 
I of the Act: Provided further, That notwithstanding section 
105(e)(1) of the Act, no funds made available under this 
heading may be provided to a for-profit entity for an eco-
nomic development project under section 105(a)(17) unless 
such project has been evaluated and selected in accordance 
with guidelines required under subsection (e)(2) of section 
105: Provided further, That of the total amount provided 
under this heading, $25,000,000 shall be for activities au-
thorized under section 8071 of the SUPPORT for Patients 
and Communities Act (Public Law 115–271): Provided fur-
ther, That the funds allocated pursuant to the preceding 
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proviso shall not adversely affect the amount of any formula 
assistance received by a State under this heading: Provided 
further, That the Secretary shall allocate the funds for such 
activities based on the notice establishing the funding for-
mula published in 84 FR 16027 (April 17, 2019) except 
that the formula shall use age-adjusted rates of drug over-
dose deaths for 2018 based on data from the Centers for 
Disease Control and Prevention: Provided further, That the 
Department of Housing and Urban Development shall no-
tify grantees of their formula allocation within 60 days of 
enactment of this Act. 
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM 
ACCOUNT 
Subject to section 502 of the Congressional Budget Act 
of 1974 (2 U.S.C. 661a), during fiscal year 2021, commit-
ments to guarantee loans under section 108 of the Housing 
and Community Development Act of 1974 (42 U.S.C. 
5308), any part of which is guaranteed, shall not exceed 
a total principal amount of $300,000,000, notwithstanding 
any aggregate limitation on outstanding obligations guar-
anteed in subsection (k) of such section 108: Provided, That 
the Secretary shall collect fees from borrowers, notwith-
standing subsection (m) of such section 108, to result in 
a credit subsidy cost of zero for guaranteeing such loans, 
and any such fees shall be collected in accordance with sec-
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tion 502(7) of the Congressional Budget Act of 1974: Pro-
vided further, That such commitment authority funded by 
fees may be used to guarantee, or make commitments to 
guarantee, notes or other obligations issued by any State 
on behalf of non-entitlement communities in the State in 
accordance with the requirements of such section 108: Pro-
vided further, That any State receiving such a guarantee 
or commitment under the preceding proviso shall distribute 
all funds subject to such guarantee to the units of general 
local government in nonentitlement areas that received the 
commitment. 
HOME INVESTMENT PARTNERSHIPS PROGRAM 
For the HOME Investment Partnerships program, as 
authorized under title II of the Cranston-Gonzalez National 
Affordable Housing Act, as amended (42 U.S.C. 12721 et 
seq.), $1,350,000,000, to remain available until September 
30, 2024: Provided, That notwithstanding the amount made 
available under this heading, the threshold reduction re-
quirements in sections 216(10) and 217(b)(4) of such Act 
shall not apply to allocations of such amount: Provided fur-
ther, That the Department shall notify grantees of their for-
mula allocations within 60 days after enactment of this Act: 
Provided further, That section 218(g) of such Act (42 U.S.C. 
12748(g)) shall not apply with respect to the right of a ju-
risdiction to draw funds from its HOME Investment Trust 
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Fund that otherwise expired or would expire in 2016, 2017, 
2018, 2019, 2020, 2021, 2022, or 2023 under that section: 
Provided further, That section 231(b) of such Act (42 U.S.C. 
12771(b)) shall not apply to any uninvested funds that oth-
erwise were deducted or would be deducted from the line 
of credit in the participating jurisdiction’s HOME Invest-
ment Trust Fund in 2018, 2019, 2020, 2021, 2022, or 2023 
under that section. 
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY 
PROGRAM 
For the Self-Help and Assisted Homeownership Op-
portunity Program, as authorized under section 11 of the 
Housing Opportunity Program Extension Act of 1996 (42 
U.S.C. 12805 note), $60,000,000, to remain available until 
September 30, 2023: Provided, That of the total amount 
made available under this heading, $10,000,000 shall be for 
the Self-Help Homeownership Opportunity Program as au-
thorized under such section 11: Provided further, That of 
the total amount made available under this heading, 
$41,000,000 shall be for the second, third, and fourth capac-
ity building entities specified in section 4(a) of the HUD 
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which 
not less than $5,000,000 shall be for rural capacity building 
activities: Provided further, That of the total amount made 
available under this heading, $5,000,000 shall be for capac-
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ity building by national rural housing organizations hav-
ing experience assessing national rural conditions and pro-
viding financing, training, technical assistance, informa-
tion, and research to local nonprofit organizations, local 
governments, and Indian Tribes serving high need rural 
communities: Provided further, That of the total amount 
provided under this heading, $4,000,000, shall be made 
available for a program to rehabilitate and modify the 
homes of disabled or low-income veterans, as authorized 
under section 1079 of Public Law 113–291: Provided fur-
ther, That the issuance of a Notice of Funding Availability 
for the funds provided under the previous proviso shall be 
completed within 120 days of enactment of this Act and 
such funds shall be awarded within 180 days of such 
issuance. 
HOMELESS ASSISTANCE GRANTS 
For assistance under title IV of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11360 et seq.), 
$3,000,000,000, to remain available until September 30, 
2023: Provided, That of the amounts made available under 
this heading— 
(1) not less than $290,000,000 shall be for the 
Emergency Solutions Grants program authorized 
under subtitle B of such title IV (42 U.S.C. 11371 et 
seq.): Provided further, That the Department shall no-
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tify grantees of their formula allocation from amounts 
allocated (which may represent initial or final 
amounts allocated) for the Emergency Solutions 
Grant program not later than 60 days after enact-
ment of this Act; 
(2) not less than $2,569,000,000 shall be for the 
Continuum of Care program authorized under sub-
title C of such title IV (42 U.S.C. 11381 et seq.) and 
the Rural Housing Stability Assistance programs au-
thorized under subtitle D of such title IV (42 U.S.C. 
11408): Provided further, That the Secretary shall 
prioritize funding under the Continuum of Care pro-
gram to continuums of care that have demonstrated 
a capacity to reallocate funding from lower per-
forming projects to higher performing projects: Pro-
vided further, That the Secretary shall provide incen-
tives to create projects that coordinate with housing 
providers and healthcare organizations to provide 
permanent supportive housing and rapid re-housing 
services: Provided further, That amounts made avail-
able for the Continuum of Care program under this 
heading in this Act and any remaining unobligated 
balances from prior Acts may be used to competitively 
or non-competitively renew or replace grants for 
youth homeless demonstration projects under the Con-
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tinuum of Care program, notwithstanding any con-
flict with the requirements of the Continuum of Care 
program; 
(3) up to $52,000,000 shall be for grants for 
rapid re-housing projects and supportive service 
projects providing coordinated entry, and for eligible 
activities the Secretary determines to be critical in 
order to assist survivors of domestic violence, dating 
violence, sexual assault, or stalking, except that the 
Secretary may make additional grants for such 
projects and purposes from amounts made available 
for such Continuum of Care program: Provided fur-
ther, That such projects shall be eligible for renewal 
under the Continuum of Care program subject to the 
same terms and conditions as other renewal appli-
cants; 
(4) up to $7,000,000 shall be for the national 
homeless data analysis project: Provided further, That 
notwithstanding the provisions of the Federal Grant 
and Cooperative Agreements Act of 1977 (31 U.S.C. 
6301–6308), the amounts made available under this 
paragraph and any remaining unobligated balances 
under this heading for such purposes in prior Acts 
may be used by the Secretary to enter into cooperative 
agreements with such entities as may be determined 
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by the Secretary, including public and private orga-
nizations, agencies, and institutions; and 
(5) up to $82,000,000 shall be to implement 
projects to demonstrate how a comprehensive ap-
proach to serving homeless youth, age 24 and under, 
in up to 25 communities with a priority for commu-
nities with substantial rural populations in up to 
eight locations, can dramatically reduce youth home-
lessness: Provided further, That of the amount made 
available under this paragraph, up to $10,000,000 
shall be to provide technical assistance on improving 
system responses to youth homelessness, and collection, 
analysis, use, and reporting of data and performance 
measures under the comprehensive approaches to serve 
homeless youth, in addition to and in coordination 
with other technical assistance funds provided under 
this title: Provided further, That the Secretary may 
use up to 10 percent of the amount made available 
under the previous proviso to build the capacity of 
current technical assistance providers or to train new 
technical assistance providers with verifiable prior ex-
perience with systems and programs for youth experi-
encing homelessness: 
Provided further, That youth aged 24 and under seeking 
assistance under this heading shall not be required to pro-
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vide third party documentation to establish their eligibility 
under subsection (a) or (b) of section 103 of the McKinney- 
Vento Homeless Assistance Act (42 U.S.C. 11302) to receive 
services: Provided further, That unaccompanied youth aged 
24 and under or families headed by youth aged 24 and 
under who are living in unsafe situations may be served 
by youth-serving providers funded under this heading: Pro-
vided further, That persons eligible under section 103(a)(5) 
of the McKinney-Vento Homeless Assistance Act may be 
served by any project funded under this heading to provide 
both transitional housing and rapid re-housing: Provided 
further, That for all matching funds requirements applica-
ble to funds made available under this heading for this fis-
cal year and prior fiscal years, a grantee may use (or could 
have used) as a source of match funds other funds adminis-
tered by the Secretary and other Federal agencies unless 
there is (or was) a specific statutory prohibition on any 
such use of any such funds: Provided further, That none 
of the funds made available under this heading shall be 
available to provide funding for new projects, except for 
projects created through reallocation, unless the Secretary 
determines that the continuum of care has demonstrated 
that projects are evaluated and ranked based on the degree 
to which they improve the continuum of care’s system per-
formance: Provided further, That any unobligated amounts 
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remaining from funds made available under this heading 
in fiscal year 2012 and prior years for project-based rental 
assistance for rehabilitation projects with 10-year grant 
terms may be used for purposes under this heading, not-
withstanding the purposes for which such funds were appro-
priated: Provided further, That unobligated balances, in-
cluding recaptures and carryover, remaining from funds 
transferred to or appropriated under this heading in fiscal 
year 2019 or prior years, except for rental assistance 
amounts that were recaptured and made available until ex-
pended, shall be available for the current purposes author-
ized under this heading in addition to the purposes for 
which such funds originally were appropriated. 
HOUSING PROGRAMS 
PROJECT-BASED RENTAL ASSISTANCE 
For activities and assistance for the provision of 
project-based subsidy contracts under the United States 
Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the Act’’), 
not otherwise provided for, $13,065,000,000, to remain 
available until expended, shall be available on October 1, 
2020 (in addition to the $400,000,000 previously appro-
priated under this heading that became available October 
1, 2020), and $400,000,000, to remain available until ex-
pended, shall be available on October 1, 2021: Provided, 
That the amounts made available under this heading shall 
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be available for expiring or terminating section 8 project- 
based subsidy contracts (including section 8 moderate reha-
bilitation contracts), for amendments to section 8 project- 
based subsidy contracts (including section 8 moderate reha-
bilitation contracts), for contracts entered into pursuant to 
section 441 of the McKinney-Vento Homeless Assistance Act 
(42 U.S.C. 11401), for renewal of section 8 contracts for 
units in projects that are subject to approved plans of action 
under the Emergency Low Income Housing Preservation 
Act of 1987 or the Low-Income Housing Preservation and 
Resident Homeownership Act of 1990, and for administra-
tive and other expenses associated with project-based activi-
ties and assistance funded under this heading: Provided fur-
ther, That of the total amounts provided under this heading, 
not to exceed $350,000,000 shall be available for perform-
ance-based contract administrators for section 8 project- 
based assistance, for carrying out 42 U.S.C. 1437(f): Pro-
vided further, That the Secretary may also use such 
amounts in the previous proviso for performance-based con-
tract administrators for the administration of: interest re-
duction payments pursuant to section 236(a) of the Na-
tional Housing Act (12 U.S.C. 1715z–1(a)); rent supple-
ment payments pursuant to section 101 of the Housing and 
Urban Development Act of 1965 (12 U.S.C. 1701s); section 
236(f)(2) rental assistance payments (12 U.S.C. 1715z– 
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1(f)(2)); project rental assistance contracts for the elderly 
under section 202(c)(2) of the Housing Act of 1959 (12 
U.S.C. 1701q); project rental assistance contracts for sup-
portive housing for persons with disabilities under section 
811(d)(2) of the Cranston-Gonzalez National Affordable 
Housing Act (42 U.S.C. 8013(d)(2)); project assistance con-
tracts pursuant to section 202(h) of the Housing Act of 1959 
(Public Law 86–372; 73 Stat. 667); and loans under section 
202 of the Housing Act of 1959 (Public Law 86–372; 73 
Stat. 667): Provided further, That amounts recaptured 
under this heading, the heading ‘‘Annual Contributions for 
Assisted Housing’’, or the heading ‘‘Housing Certificate 
Fund’’, may be used for renewals of or amendments to sec-
tion 8 project-based contracts or for performance-based con-
tract administrators, notwithstanding the purposes for 
which such amounts were appropriated: Provided further, 
That, notwithstanding any other provision of law, upon the 
request of the Secretary, project funds that are held in resid-
ual receipts accounts for any project subject to a section 
8 project-based Housing Assistance Payments contract that 
authorizes the Department or a housing finance agency to 
require that surplus project funds be deposited in an inter-
est-bearing residual receipts account and that are in excess 
of an amount to be determined by the Secretary, shall be 
remitted to the Department and deposited in this account, 
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to be available until expended: Provided further, That 
amounts deposited pursuant to the previous proviso shall 
be available in addition to the amount otherwise provided 
by this heading for uses authorized under this heading. 
HOUSING FOR THE ELDERLY 
For capital advances, including amendments to cap-
ital advance contracts, for housing for the elderly, as au-
thorized by section 202 of the Housing Act of 1959 (12 
U.S.C. 1701q), for project rental assistance for the elderly 
under section 202(c)(2) of such Act, including amendments 
to contracts for such assistance and renewal of expiring con-
tracts for such assistance for up to a 5-year term, for senior 
preservation rental assistance contracts, including renew-
als, as authorized by section 811(e) of the American Home-
ownership and Economic Opportunity Act of 2000 (12 
U.S.C. 1701q note), and for supportive services associated 
with the housing, $855,000,000 to remain available until 
September 30, 2024: Provided, That of the amount made 
available under this heading, up to $125,000,000 shall be 
for service coordinators and the continuation of existing 
congregate service grants for residents of assisted housing 
projects: Provided further, That amounts made available 
under this heading shall be available for Real Estate Assess-
ment Center inspections and inspection-related activities 
associated with section 202 projects: Provided further, That 
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the Secretary may waive the provisions of section 202 gov-
erning the terms and conditions of project rental assistance, 
except that the initial contract term for such assistance 
shall not exceed 5 years in duration: Provided further, That 
upon request of the Secretary, project funds that are held 
in residual receipts accounts for any project subject to a 
section 202 project rental assistance contract, and that 
upon termination of such contract are in excess of an 
amount to be determined by the Secretary, shall be remitted 
to the Department and deposited in this account, to remain 
available until September 30, 2024: Provided further, That 
amounts deposited in this account pursuant to the previous 
proviso shall be available, in addition to the amounts other-
wise provided by this heading, for the purposes authorized 
under this heading: Provided further, That unobligated bal-
ances, including recaptures and carryover, remaining from 
funds transferred to or appropriated under this heading 
shall be available for the current purposes authorized under 
this heading in addition to the purposes for which such 
funds originally were appropriated: Provided further, That 
of the total amount made available under this heading, up 
to $14,000,000 shall be used by the Secretary to continue 
demonstration programs to test housing with services mod-
els for the elderly that demonstrate the potential to delay 
or avoid the need for nursing home care: Provided further, 
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That of the total amount made available under this head-
ing, up to $5,000,000 shall be used to expand the supply 
of intergenerational dwelling units (as such term is defined 
in section 202 of the Legacy Act of 2003 (12 U.S.C. 1701q 
note)) for elderly caregivers raising children. 
HOUSING FOR PERSONS WITH DISABILITIES 
For capital advances, including amendments to cap-
ital advance contracts, for supportive housing for persons 
with disabilities, as authorized by section 811 of the Cran-
ston-Gonzalez National Affordable Housing Act (42 U.S.C. 
8013), for project rental assistance for supportive housing 
for persons with disabilities under section 811(d)(2) of such 
Act, for project assistance contracts pursuant to subsection 
(h) of section 202 of the Housing Act of 1959, as added 
by section 205(a) of the Housing and Community Develop-
ment Amendments of 1978 (Public Law 95–557: 92 Stat. 
2090), including amendments to contracts for such assist-
ance and renewal of expiring contracts for such assistance 
for up to a 1-year term, for project rental assistance to 
State housing finance agencies and other appropriate enti-
ties as authorized under section 811(b)(3) of the Cranston- 
Gonzalez National Affordable Housing Act, and for sup-
portive services associated with the housing for persons with 
disabilities as authorized by section 811(b)(1) of such Act, 
$227,000,000, to remain available until September 30, 
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2024: Provided, That amounts made available under this 
heading shall be available for Real Estate Assessment Cen-
ter inspections and inspection-related activities associated 
with section 811 projects: Provided further, That, upon the 
request of the Secretary, project funds that are held in resid-
ual receipts accounts for any project subject to a section 
811 project rental assistance contract, and that upon termi-
nation of such contract are in excess of an amount to be 
determined by the Secretary, shall be remitted to the De-
partment and deposited in this account, to remain available 
until September 30, 2024: Provided further, That amounts 
deposited in this account pursuant to the previous proviso 
shall be available in addition to the amounts otherwise pro-
vided by this heading for the purposes authorized under this 
heading: Provided further, That unobligated balances, in-
cluding recaptures and carryover, remaining from funds 
transferred to or appropriated under this heading shall be 
used for the current purposes authorized under this heading 
in addition to the purposes for which such funds originally 
were appropriated. 
HOUSING COUNSELING ASSISTANCE 
For contracts, grants, and other assistance excluding 
loans, as authorized under section 106 of the Housing and 
Urban Development Act of 1968, as amended, $57,500,000, 
to remain available until September 30, 2022, including 
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up to $4,500,000 for administrative contract services: Pro-
vided, That funds shall be used for providing counseling 
and advice to tenants and homeowners, both current and 
prospective, with respect to property maintenance, finan-
cial management or literacy, and such other matters as 
may be appropriate to assist them in improving their hous-
ing conditions, meeting their financial needs, and fulfilling 
the responsibilities of tenancy or homeownership; for pro-
gram administration; and for housing counselor training: 
Provided further, That for purposes of providing such 
grants from amounts provided under this heading, the Sec-
retary may enter into multiyear agreements, as appro-
priate, subject to the availability of annual appropriations: 
Provided further, That an additional $20,000,000 (not sub-
ject to such section 106), to remain available until Sep-
tember 30, 2023, shall be for competitive grants to nonprofit 
or governmental entities to provide legal assistance (includ-
ing assistance related to pretrial activities, trial activities, 
post-trial activities and alternative dispute resolution) at 
no cost to eligible low-income tenants at risk of or subject 
to eviction: Provided further, That in awarding grants 
under the preceding proviso, the Secretary shall give pref-
erence to applicants that include a marketing strategy for 
residents of areas with high rates of eviction, have experi-
ence providing no-cost legal assistance to low-income indi-
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viduals, including those with limited English proficiency 
or disabilities, and have sufficient capacity to administer 
such assistance: Provided further, That the Secretary shall 
ensure, to the extent practicable, that the proportion of eligi-
ble tenants living in rural areas who will receive legal as-
sistance with grant funds made available under this head-
ing is not less than the overall proportion of eligible tenants 
who live in rural areas. 
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND 
For necessary expenses as authorized by the National 
Manufactured Housing Construction and Safety Standards 
Act of 1974 (42 U.S.C. 5401 et seq.), up to $13,000,000, 
to remain available until expended, of which $13,000,000 
shall be derived from the Manufactured Housing Fees Trust 
Fund (established under section 620(e) of such Act (42 
U.S.C. 5419(e)): Provided, That not to exceed the total 
amount appropriated under this heading shall be available 
from the general fund of the Treasury to the extent nec-
essary to incur obligations and make expenditures pending 
the receipt of collections to the Fund pursuant to section 
620 of such Act: Provided further, That the amount made 
available under this heading from the general fund shall 
be reduced as such collections are received during fiscal year 
2021 so as to result in a final fiscal year 2021 appropria-
tion from the general fund estimated at zero, and fees pur-
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suant to such section 620 shall be modified as necessary 
to ensure such a final fiscal year 2021 appropriation: Pro-
vided further, That for the dispute resolution and installa-
tion programs, the Secretary may assess and collect fees 
from any program participant: Provided further, That such 
collections shall be deposited into the Trust Fund, and the 
Secretary, as provided herein, may use such collections, as 
well as fees collected under section 620 of such Act, for nec-
essary expenses of such Act: Provided further, That, not-
withstanding the requirements of section 620 of such Act, 
the Secretary may carry out responsibilities of the Sec-
retary under such Act through the use of approved service 
providers that are paid directly by the recipients of their 
services. 
FEDERAL HOUSING ADMINISTRATION 
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT 
New commitments to guarantee single family loans in-
sured under the Mutual Mortgage Insurance Fund shall not 
exceed $400,000,000,000, to remain available until Sep-
tember 30, 2022: Provided, That during fiscal year 2021, 
obligations to make direct loans to carry out the purposes 
of section 204(g) of the National Housing Act, as amended, 
shall not exceed $1,000,000: Provided further, That the fore-
going amount in the previous proviso shall be for loans to 
nonprofit and governmental entities in connection with 
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sales of single family real properties owned by the Secretary 
and formerly insured under the Mutual Mortgage Insurance 
Fund: Provided further, That for administrative contract 
expenses 
of 
the 
Federal 
Housing 
Administration, 
$130,000,000, to remain available until September 30, 
2022: Provided further, That to the extent guaranteed loan 
commitments exceed $200,000,000,000 on or before April 1, 
2021, an additional $1,400 for administrative contract ex-
penses shall be available for each $1,000,000 in additional 
guaranteed loan commitments (including a pro rata 
amount for any amount below $1,000,000), but in no case 
shall funds made available by this proviso exceed 
$30,000,000: Provided further, That notwithstanding the 
limitation in the first sentence of section 255(g) of the Na-
tional Housing Act (12 U.S.C. 1715z–20(g)), during fiscal 
year 2021 the Secretary may insure and enter into new 
commitments to insure mortgages under section 255 of the 
National Housing Act only to the extent that the net credit 
subsidy cost for such insurance does not exceed zero. 
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT 
New commitments to guarantee loans insured under 
the General and Special Risk Insurance Funds, as author-
ized 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 
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is to be guaranteed, to remain available until September 
30, 2022: Provided, That during fiscal year 2021, gross ob-
ligations for the principal amount of direct loans, as au-
thorized by sections 204(g), 207(l), 238, and 519(a) of the 
National Housing Act, shall not exceed $1,000,000, which 
shall be for loans to nonprofit and governmental entities 
in connection with the sale of single family real properties 
owned by the Secretary and formerly insured under such 
Act. 
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION 
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN 
GUARANTEE PROGRAM ACCOUNT 
New commitments to issue guarantees to carry out the 
purposes of section 306 of the National Housing Act, as 
amended 
(12 
U.S.C. 
1721(g)), 
shall 
not 
exceed 
$1,300,000,000,000, to remain available until September 
30, 2022: Provided, That $33,500,000, to remain available 
until September 30, 2022, shall be for necessary salaries 
and expenses of the Office of Government National Mortgage 
Association: Provided further, That to the extent that guar-
anteed loan commitments exceed $155,000,000,000 on or be-
fore April 1, 2021, an additional $100 for necessary salaries 
and expenses shall be available until expended for each 
$1,000,000 in additional guaranteed loan commitments 
(including a pro rata amount for any amount below 
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$1,000,000), but in no case shall funds made available by 
this proviso exceed $3,000,000: Provided further, That re-
ceipts from Commitment and Multiclass fees collected pur-
suant to title III of the National Housing Act (12 U.S.C. 
1716 et seq.) shall be credited as offsetting collections to this 
account. 
POLICY DEVELOPMENT AND RESEARCH 
RESEARCH AND TECHNOLOGY 
For contracts, grants, and necessary expenses of pro-
grams of research and studies relating to housing and 
urban problems, not otherwise provided for, as authorized 
by title V of the Housing and Urban Development Act of 
1970 (12 U.S.C. 1701z–1 et seq.), including carrying out 
the functions of the Secretary of Housing and Urban Devel-
opment under section 1(a)(1)(i) of Reorganization Plan No. 
2 of 1968, and for technical assistance, $105,000,000, to re-
main available until September 30, 2022: Provided, That 
with respect to amounts made available under this heading, 
notwithstanding section 203 of this title, the Secretary may 
enter into cooperative agreements with philanthropic enti-
ties, other Federal agencies, State or local governments and 
their agencies, Indian Tribes, tribally designated housing 
entities, or colleges or universities for research projects: Pro-
vided further, That with respect to the preceding proviso, 
such partners to the cooperative agreements shall contribute 
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at least a 50 percent match toward the cost of the project: 
Provided further, That for non-competitive agreements en-
tered into in accordance with the preceding two provisos, 
the Secretary shall comply with section 2(b) of the Federal 
Funding Accountability and Transparency Act of 2006 
(Public Law 109–282, 31 U.S.C. note) in lieu of compliance 
with section 102(a)(4)(C) of the Department of Housing 
and Urban Development Reform Act of 1989 (42 U.S.C. 
3545(a)(4)(C)) with respect to documentation of award de-
cisions: Provided further, That prior to obligation of tech-
nical assistance funding, the Secretary shall submit a plan 
to the House and Senate Committees on Appropriations on 
how the Secretary will allocate funding for this activity at 
least 30 days prior to obligation: Provided further, That 
none of the funds provided under this heading may be avail-
able for the doctoral dissertation research grant program. 
FAIR HOUSING AND EQUAL OPPORTUNITY 
FAIR HOUSING ACTIVITIES 
For contracts, grants, and other assistance, not other-
wise provided for, as authorized by title VIII of the Civil 
Rights Act of 1968 (42 U.S.C. 3601 et seq.), and section 
561 of the Housing and Community Development Act of 
1987 (42 U.S.C. 3616a), $72,555,000, to remain available 
until September 30, 2022: Provided, That notwithstanding 
section 3302 of title 31, United States Code, the Secretary 
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may assess and collect fees to cover the costs of the Fair 
Housing Training Academy, and may use such funds to 
develop on-line courses and provide such training: Provided 
further, That none of the funds made available under this 
heading may be used to lobby the executive or legislative 
branches of the Federal Government in connection with a 
specific contract, grant, or loan: Provided further, That of 
the funds made available under this heading, $350,000 shall 
be available to the Secretary for the creation and promotion 
of translated materials and other programs that support the 
assistance of persons with limited English proficiency in 
utilizing the services provided by the Department of Hous-
ing and Urban Development. 
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY 
HOMES 
LEAD HAZARD REDUCTION 
(INCLUDING TRANSFER OF FUNDS) 
For the Lead Hazard Reduction Program, as author-
ized by section 1011 of the Residential Lead-Based Paint 
Hazard Reduction Act of 1992, $360,000,000, to remain 
available until September 30, 2023, of which $60,000,000 
shall be for the Healthy Homes Initiative, pursuant to sec-
tions 501 and 502 of the Housing and Urban Development 
Act of 1970, which shall include research, studies, testing, 
and demonstration efforts, including education and out-
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reach concerning lead-based paint poisoning and other 
housing-related diseases and hazards: Provided, That for 
purposes of environmental review, pursuant to the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 
and other provisions of law that further the purposes of such 
Act, a grant under the Healthy Homes Initiative, or the 
Lead Technical Studies program under this heading or 
under prior appropriations Acts for such purposes under 
this heading, shall be considered to be funds for a special 
project for purposes of section 305(c) of the Multifamily 
Housing Property Disposition Reform Act of 1994: Pro-
vided further, That not less than $95,000,000 of the 
amounts made available under this heading for the award 
of grants pursuant to section 1011 of the Residential Lead- 
Based Paint Hazard Reduction Act of 1992 shall be pro-
vided to areas with the highest lead-based paint abatement 
needs: Provided further, That with respect to obligated 
amounts appropriated under this heading in title II of divi-
sion G of the Consolidated Appropriations Act, 2019 (Pub-
lic Law 116–6) for the implementation of projects to dem-
onstrate how intensive, extended, multi-year interventions 
can dramatically reduce the presence of lead-based paint 
hazards in communities: (1) such projects may serve more 
than four contiguous census tracts; (2) such projects shall 
allow for enrollment of families and homes within the com-
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1702 
munity beyond where the initially targeted census tracts 
were located, provided that such projects meet the highest 
lead-based paint abatement needs, as determined by the Sec-
retary; and (3) such projects may exceed 5 years in dura-
tion, notwithstanding any inconsistent requirements: Pro-
vided further, That of the amount made available for the 
Healthy Homes Initiative, $5,000,000 shall be for the im-
plementation of projects in up to five communities that are 
served by both the Healthy Homes Initiative and the De-
partment of Energy weatherization programs to dem-
onstrate whether the coordination of Healthy Homes reme-
diation activities with weatherization activities achieves 
cost savings and better outcomes in improving the safety 
and quality of homes: Provided further, That each appli-
cant for a grant or cooperative agreement under this head-
ing shall certify adequate capacity that is acceptable to the 
Secretary to carry out the proposed use of funds pursuant 
to a notice of funding availability: Provided further, That 
of the amounts made available under this heading, 
$10,000,000 shall be for a program established by the Sec-
retary to make grants to experienced non-profit organiza-
tions, States, local governments, or public housing agencies 
for safety and functional home modification repairs to meet 
the needs of low-income elderly homeowners to enable them 
to remain in their primary residence: Provided further, 
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That of the total amount made available under the previous 
proviso, no less than $5,000,000 shall be available to meet 
such needs in communities with substantial rural popu-
lations: Provided further, That amounts made available 
under this heading, except for amounts in the previous two 
provisos, in this or prior appropriations Acts, still remain-
ing available, may be used for any purpose under this head-
ing notwithstanding the purpose for which such amounts 
were appropriated if a program competition is undersub-
scribed and there are other program competitions under this 
heading that are oversubscribed: Provided further, That up 
to $2,000,000 of the amounts made available under this 
heading may be transferred to the heading ‘‘Policy Develop-
ment and Research’’ for the purposes of conducting research 
and studies and for use in accordance with the provisos 
under that heading for non-competitive agreements. 
INFORMATION TECHNOLOGY FUND 
For the development, modernization, and enhancement 
of, modifications to, and infrastructure for Department- 
wide and program-specific information technology systems, 
for the continuing operation and maintenance of both De-
partment-wide and program-specific information systems, 
and 
for 
program-related 
maintenance 
activities, 
$300,000,000, of which $260,000,000 shall remain available 
until September 30, 2022, and of which $40,000,000 shall 
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1704 
remain available until September 30, 2024: Provided, That 
any amounts transferred to this Fund under this Act shall 
remain available until expended: Provided further, That 
any amounts transferred to this Fund from amounts appro-
priated by previously enacted appropriations Acts may be 
used for the purposes specified under this Fund, in addition 
to any other information technology purposes for which 
such amounts were appropriated: Provided further, That 
not more than 10 percent of the funds made available under 
this heading for development, modernization, and enhance-
ment may be obligated until the Secretary submits a per-
formance plan to the House and Senate Committees on Ap-
propriations for approval. 
OFFICE OF INSPECTOR GENERAL 
For necessary salaries and expenses of the Office of In-
spector General in carrying out the Inspector General Act 
of 1978, as amended, $135,514,000: Provided, That the In-
spector General shall have independent authority over all 
personnel issues within this office: Provided further, That 
for this fiscal year and each fiscal year thereafter, subject 
to appropriations for that purpose, the Office of Inspector 
General shall procure and rely upon the services of an inde-
pendent external auditor(s) to audit the financial state-
ments of the Department of Housing and Urban Develop-
ment, including the consolidated financial statement and 
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the financial statements of the Federal Housing Adminis-
tration and the Government National Mortgage Association: 
Provided further, That in addition to amounts under this 
heading otherwise available for the purposes specified in the 
previous proviso, $1,686,000 shall be available only for such 
specified purposes. 
GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND 
URBAN DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
(INCLUDING RESCISSIONS) 
SEC. 201. Fifty percent of the amounts of budget au-
thority, or in lieu thereof 50 percent of the cash amounts 
associated with such budget authority, that are recaptured 
from projects described in section 1012(a) of the Stewart 
B. McKinney Homeless Assistance Amendments Act of 1988 
(42 U.S.C. 1437f note) shall be rescinded or in the case of 
cash, shall be remitted to the Treasury, and such amounts 
of budget authority or cash recaptured and not rescinded 
or remitted to the Treasury shall be used by State housing 
finance agencies or local governments or local housing agen-
cies with projects approved by the Secretary of Housing and 
Urban Development for which settlement occurred after 
January 1, 1992, in accordance with such section. Notwith-
standing the previous sentence, the Secretary may award 
up to 15 percent of the budget authority or cash recaptured 
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1706 
and not rescinded or remitted to the Treasury to provide 
project owners with incentives to refinance their project at 
a lower interest rate. 
SEC. 202. None of the funds made available by this 
Act may be used during fiscal year 2021 to investigate or 
prosecute under the Fair Housing Act any otherwise lawful 
activity engaged in by one or more persons, including the 
filing or maintaining of a nonfrivolous legal action, that 
is engaged in solely for the purpose of achieving or pre-
venting action by a Government official or entity, or a 
court of competent jurisdiction. 
SEC. 203. Except as explicitly provided in law, any 
grant, cooperative agreement or other assistance made pur-
suant to title II of this Act shall be made on a competitive 
basis and in accordance with section 102 of the Department 
of Housing and Urban Development Reform Act of 1989 
(42 U.S.C. 3545). 
SEC. 204. Funds of the Department of Housing and 
Urban Development subject to the Government Corporation 
Control Act or section 402 of the Housing Act of 1950 shall 
be available, without regard to the limitations on adminis-
trative expenses, for legal services on a contract or fee basis, 
and for utilizing and making payment for services and fa-
cilities of the Federal National Mortgage Association, Gov-
ernment National Mortgage Association, Federal Home 
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Loan Mortgage Corporation, Federal Financing Bank, Fed-
eral 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). 
SEC. 205. Unless otherwise provided for in this Act 
or through a reprogramming of funds, no part of any ap-
propriation for the Department of Housing and Urban De-
velopment shall be available for any program, project or 
activity in excess of amounts set forth in the budget esti-
mates submitted to Congress. 
SEC. 206. Corporations and agencies of the Depart-
ment of Housing and Urban Development which are subject 
to the Government Corporation Control Act are hereby au-
thorized to make such expenditures, within the limits of 
funds and borrowing authority available to each such cor-
poration 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 2021 for such corporation or agency 
except as hereinafter provided: Provided, That collections 
of these corporations and agencies may be used for new loan 
or mortgage purchase commitments only to the extent ex-
pressly provided for in this Act (unless such loans are in 
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1708 
support of other forms of assistance provided for in this or 
prior appropriations Acts), except that this proviso shall 
not apply to the mortgage insurance or guaranty operations 
of these corporations, or where loans or mortgage purchases 
are necessary to protect the financial interest of the United 
States Government. 
SEC. 207. The Secretary shall provide quarterly re-
ports to the House and Senate Committees on Appropria-
tions 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 re-
quest. 
SEC. 208. None of the funds made available by this 
title may be used for an audit of the Government National 
Mortgage Association that makes applicable requirements 
under the Federal Credit Reform Act of 1990 (2 U.S.C. 661 
et seq.). 
SEC. 209. (a) Notwithstanding any other provision of 
law, subject to the conditions listed under this section, for 
fiscal years 2021 and 2022, the Secretary of Housing and 
Urban Development may authorize the transfer of some or 
all project-based assistance, debt held or insured by the Sec-
retary and statutorily required low-income and very low- 
income use restrictions if any, associated with one or more 
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multifamily housing project or projects to another multi-
family housing project or projects. 
(b) PHASED TRANSFERS.—Transfers of project-based 
assistance under this section may be done in phases to ac-
commodate the financing and other requirements related to 
rehabilitating or constructing the project or projects to 
which the assistance is transferred, to ensure that such 
project or projects meet the standards under subsection (c). 
(c) The transfer authorized in subsection (a) is subject 
to the following conditions: 
(1) NUMBER AND BEDROOM SIZE OF UNITS.— 
(A) For occupied units in the transferring 
project: The number of low-income and very low- 
income units and the configuration (i.e., bed-
room size) provided by the transferring project 
shall be no less than when transferred to the re-
ceiving project or projects and the net dollar 
amount of Federal assistance provided to the 
transferring project shall remain the same in the 
receiving project or projects. 
(B) For unoccupied units in the transfer-
ring project: The Secretary may authorize a re-
duction in the number of dwelling units in the 
receiving project or projects to allow for a recon-
figuration of bedroom sizes to meet current mar-
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(6) The Secretary determines that this transfer is 
in the best interest of the tenants. 
(7) If either the transferring project or the re-
ceiving project or projects meets the condition speci-
fied in subsection (d)(2)(A), any lien on the receiving 
project resulting from additional financing obtained 
by the owner shall be subordinate to any FHA-in-
sured mortgage lien transferred to, or placed on, such 
project by the Secretary, except that the Secretary 
may waive this requirement upon determination that 
such a waiver is necessary to facilitate the financing 
of acquisition, construction, and/or rehabilitation of 
the receiving project or projects. 
(8) If the transferring project meets the require-
ments of subsection (d)(2), the owner or mortgagor of 
the receiving project or projects shall execute and 
record either a continuation of the existing use agree-
ment 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 restric-
tions. 
(9) The transfer does not increase the cost (as de-
fined in section 502 of the Congressional Budget Act 
of 1974(2 U.S.C. 661a)) of any FHA-insured mort-
gage, except to the extent that appropriations are pro-
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vided in advance for the amount of any such in-
creased cost. 
(d) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-in-
come’’ shall have the meanings provided by the statute 
and/or regulations governing the program under 
which the project is insured or assisted; 
(2) the term ‘‘multifamily housing project’’ 
means housing that meets one of the following condi-
tions— 
(A) housing that is subject to a mortgage 
insured under the National Housing Act; 
(B) housing that has project-based assist-
ance attached to the structure including projects 
undergoing mark to market debt restructuring 
under the Multifamily Assisted Housing Reform 
and Affordability Housing Act; 
(C) housing that is assisted under section 
202 of the Housing Act of 1959 (12 U.S.C. 
1701q); 
(D) housing that is assisted under section 
202 of the Housing Act of 1959 (12 U.S.C. 
1701q), as such section existed before the enact-
ment of the Cranston-Gonzales National Afford-
able Housing Act; 
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(E) housing that is assisted under section 
811 of the Cranston-Gonzales National Afford-
able Housing Act (42 U.S.C. 8013); or 
(F) housing or vacant land that is subject 
to a use agreement; 
(3) the term ‘‘project-based assistance’’ means— 
(A) assistance provided under section 8(b) 
of the United States Housing Act of 1937 (42 
U.S.C. 1437f(b)); 
(B) assistance for housing constructed or 
substantially rehabilitated pursuant to assistance 
provided under section 8(b)(2) of such Act (as 
such section existed immediately before October 
1, 1983); 
(C) rent supplement payments under sec-
tion 101 of the Housing and Urban Development 
Act of 1965 (12 U.S.C. 1701s); 
(D) interest reduction payments under sec-
tion 236 and/or additional assistance payments 
under section 236(f)(2) of the National Housing 
Act (12 U.S.C. 1715z–1); 
(E) assistance payments made under sec-
tion 202(c)(2) of the Housing Act of 1959 (12 
U.S.C. 1701q(c)(2)); and 
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(F) assistance payments made under section 
811(d)(2) of the Cranston-Gonzalez National Af-
fordable Housing Act (42 U.S.C. 8013(d)(2)); 
(4) the term ‘‘receiving project or projects’’ 
means the multifamily housing project or projects to 
which some or all of the project-based assistance, debt, 
and statutorily required low-income and very low-in-
come use restrictions are to be transferred; 
(5) the term ‘‘transferring project’’ means the 
multifamily housing project which is transferring 
some or all of the project-based assistance, debt, and 
the statutorily required low-income and very low-in-
come use restrictions to the receiving project or 
projects; and 
(6) the term ‘‘Secretary’’ means the Secretary of 
Housing and Urban Development. 
(e) RESEARCH REPORT.—The Secretary shall conduct 
an evaluation of the transfer authority under this section, 
including the effect of such transfers on the operational effi-
ciency, contract rents, physical and financial conditions, 
and long-term preservation of the affected properties. 
SEC. 210. (a) No assistance shall be provided under 
section 8 of the United States Housing Act of 1937 (42 
U.S.C. 1437f) to any individual who— 
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1715 
(1) is enrolled as a student at an institution of 
higher education (as defined under section 102 of the 
Higher Education Act of 1965 (20 U.S.C. 1002)); 
(2) is under 24 years of age; 
(3) is not a veteran; 
(4) is unmarried; 
(5) does not have a dependent child; 
(6) is not a person with disabilities, as such 
term is defined in section 3(b)(3)(E) of the United 
States 
Housing 
Act 
of 
1937 
(42 
U.S.C. 
1437a(b)(3)(E)) and was not receiving assistance 
under such section 8 as of November 30, 2005; 
(7) is not a youth who left foster care at age 14 
or older and is at risk of becoming homeless; and 
(8) is not otherwise individually eligible, or has 
parents who, individually or jointly, are not eligible, 
to receive assistance under section 8 of the United 
States Housing Act of 1937 (42 U.S.C. 1437f). 
(b) For purposes of determining the eligibility of a per-
son to receive assistance under section 8 of the United States 
Housing Act of 1937 (42 U.S.C. 1437f), any financial as-
sistance (in excess of amounts received for tuition and any 
other required fees and charges) that an individual receives 
under the Higher Education Act of 1965 (20 U.S.C. 1001 
et seq.), from private sources, or from an institution of high-
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1716 
er education (as defined under section 102 of the Higher 
Education Act of 1965 (20 U.S.C. 1002)), shall be consid-
ered income to that individual, except for a person over the 
age of 23 with dependent children. 
SEC. 211. The funds made available for Native Alas-
kans under paragraph (1) under the heading ‘‘Native Amer-
ican Programs’’ in title II of this Act shall be allocated to 
the same Native Alaskan housing block grant recipients that 
received funds in fiscal year 2005, and only such recipients 
shall be eligible to apply for funds made available under 
paragraph (2) of such heading. 
SEC. 212. Notwithstanding any other provision of law, 
in fiscal year 2021, in managing and disposing of any mul-
tifamily property that is owned or has a mortgage held by 
the Secretary of Housing and Urban Development, and dur-
ing the process of foreclosure on any property with a con-
tract for rental assistance payments under section 8 of the 
United States Housing Act of 1937 (42 U.S.C. 1437f) or 
any other Federal programs, the Secretary shall maintain 
any rental assistance payments under section 8 of the 
United States Housing Act of 1937 and other programs that 
are attached to any dwelling units in the property. To the 
extent the Secretary determines, in consultation with the 
tenants and the local government that such a multifamily 
property owned or having a mortgage held by the Secretary 
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is not feasible for continued rental assistance payments 
under such section 8 or other programs, based on consider-
ation of (1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local re-
sources, including rent adjustments under section 524 of the 
Multifamily Assisted Housing Reform and Affordability 
Act of 1997 (‘‘MAHRAA’’) (42 U.S.C. 1437f note), and (2) 
environmental conditions that cannot be remedied in a cost- 
effective fashion, the Secretary may, in consultation with 
the tenants of that property, contract for project-based rent-
al assistance payments with an owner or owners of other 
existing housing properties, or provide other rental assist-
ance. The Secretary shall also take appropriate steps to en-
sure 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 in-
formed consent of the affected tenants and use of other avail-
able remedies, such as partial abatements or receivership. 
After disposition of any multifamily property described in 
this section, the contract and allowable rent levels on such 
properties shall be subject to the requirements under section 
524 of MAHRAA. 
SEC. 213. Public housing agencies that own and oper-
ate 400 or fewer public housing units may elect to be exempt 
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1718 
from any asset management requirement imposed by the 
Secretary in connection with the operating fund rule: Pro-
vided, That an agency seeking a discontinuance of a reduc-
tion of subsidy under the operating fund formula shall not 
be exempt from asset management requirements. 
SEC. 214. With respect to the use of amounts provided 
in this Act and in future Acts for the operation, capital 
improvement, and management of public housing as au-
thorized by sections 9(d) and 9(e) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(d),(e)), the Secretary 
shall not impose any requirement or guideline relating to 
asset management that restricts or limits in any way the 
use of capital funds for central office costs pursuant to 
paragraph (1) or (2) of section 9(g) of the United States 
Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, 
That a public housing agency may not use capital funds 
authorized under section 9(d) for activities that are eligible 
under section 9(e) for assistance with amounts from the op-
erating fund in excess of the amounts permitted under 
paragraph (1) or (2) of section 9(g). 
SEC. 215. No official or employee of the Department 
of Housing and Urban Development shall be designated as 
an allotment holder unless the Office of the Chief Financial 
Officer has determined that such allotment holder has im-
plemented an adequate system of funds control and has re-
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1719 
ceived 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 Na-
tional Mortgage Association—Guarantees of Mortgage- 
Backed Securities Loan Guarantee Program Account’’, and 
‘‘Office of Inspector General’’ within the Department of 
Housing and Urban Development. 
SEC. 216. The Secretary shall, for fiscal year 2021, 
notify the public through the Federal Register and other 
means, as determined appropriate, of the issuance of a no-
tice of the availability of assistance or notice of funding 
availability (NOFA) for any program or discretionary fund 
administered by the Secretary that is to be competitively 
awarded. Notwithstanding any other provision of law, for 
fiscal year 2021, the Secretary may make the NOFA avail-
able only on the Internet at the appropriate Government 
website or through other electronic media, as determined by 
the Secretary. 
SEC. 217. Payment of attorney fees in program-related 
litigation shall be paid from the individual program office 
and Office of General Counsel salaries and expenses appro-
priations. The annual budget submission for the program 
offices and the Office of General Counsel shall include any 
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1720 
such projected litigation costs for attorney fees as a separate 
line item request. 
SEC. 218. The Secretary is authorized to transfer up 
to 10 percent or $5,000,000, whichever is less, of funds ap-
propriated for any office under the headings ‘‘Administra-
tive Support Offices’’ or ‘‘Program Offices’’ to any other 
such office under such headings: Provided, That no appro-
priation for any such office under such headings shall be 
increased or decreased by more than 10 percent or 
$5,000,000, whichever is less, without prior written ap-
proval of the House and Senate Committees on Appropria-
tions: Provided further, That the Secretary shall provide no-
tification to such Committees 3 business days in advance 
of any such transfers under this section up to 10 percent 
or $5,000,000, whichever is less. 
SEC. 219. (a) Any entity receiving housing assistance 
payments shall maintain decent, safe, and sanitary condi-
tions, as determined by the Secretary, and comply with any 
standards under applicable State or local laws, rules, ordi-
nances, 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 
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1721 
(42 U.S.C. 1437f) or a contract for similar project-based 
assistance— 
(1) receives a Uniform Physical Condition 
Standards (UPCS) score of 60 or less; or 
(2) fails to certify in writing to the Secretary 
within 3 days that all Exigent Health and Safety de-
ficiencies identified by the inspector at the project 
have been corrected. 
Such requirements shall apply to insured and noninsured 
projects with assistance attached to the units under section 
8 of the United States Housing Act of 1937 (42 U.S.C. 
1437f), but shall not apply to such units assisted under sec-
tion 8(o)(13) of such Act (42 U.S.C. 1437f(o)(13)) or to 
public housing units assisted with capital or operating 
funds under section 9 of the United States Housing Act of 
1937 (42 U.S.C. 1437g). 
(c)(1) Within 15 days of the issuance of the Real Es-
tate Assessment Center (‘‘REAC’’) inspection, the Secretary 
shall provide the owner with a Notice of Default with a 
specified timetable, determined by the Secretary, for cor-
recting all deficiencies. The Secretary shall provide a copy 
of the Notice of Default to the tenants, the local government, 
any mortgagees, and any contract administrator. If the 
owner’s appeal results in a UPCS score of 60 or above, the 
Secretary may withdraw the Notice of Default. 
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(2) At the end of the time period for correcting all defi-
ciencies 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 des-
ignated by the Secretary, with priority given to the 
tenants of the property affected by the penalty; 
(C) abate the section 8 contract, including par-
tial 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 proce-
dures, who will be obligated to promptly make all re-
quired repairs and to accept renewal of the assistance 
contract if such renewal is offered; 
(E) transfer the existing section 8 contract to an-
other 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 
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or seek a judicial order of specific performance requir-
ing 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 pre-
serve 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 rem-
edies available as deemed necessary and appropriate 
by the Secretary. 
(d) The Secretary shall take appropriate steps to en-
sure that project-based contracts remain in effect, subject 
to the exercise of contractual abatement remedies to assist 
relocation of tenants for major threats to health and safety 
after written notice to the affected tenants. To the extent 
the Secretary determines, in consultation with the tenants 
and the local government, that the property is not feasible 
for continued rental assistance payments under such section 
8 or other programs, based on consideration of— 
(1) the costs of rehabilitating and operating the 
property and all available Federal, State, and local 
resources, including rent adjustments under section 
524 of the Multifamily Assisted Housing Reform and 
Affordability Act of 1997 (‘‘MAHRAA’’); and 
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(2) environmental conditions that cannot be 
remedied in a cost-effective fashion, the Secretary 
may contract for project-based rental assistance pay-
ments with an owner or owners of other existing hous-
ing properties, or provide other rental assistance. 
(e) The Secretary shall report quarterly on all prop-
erties covered by this section that are assessed through the 
Real Estate Assessment Center and have UPCS physical in-
spection scores of less than 60 or have received an unsatis-
factory 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 im-
position 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 pro-
tect tenants of such identified properties; and 
(3) any administrative or legislative rec-
ommendations to further improve the living condi-
tions at properties covered under a housing assistance 
payment contract. 
This report shall be submitted to the Senate and House 
Committees on Appropriations not later than 30 days after 
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the enactment of this Act, and on the first business day of 
each Federal fiscal year quarter thereafter while this section 
remains in effect. 
SEC. 220. None of the funds made available by this 
Act, or any other Act, for purposes authorized under section 
8 (only with respect to the tenant-based rental assistance 
program) and section 9 of the United States Housing Act 
of 1937 (42 U.S.C. 1437 et seq.), may be used by any public 
housing agency for any amount of salary, including bo-
nuses, for the chief executive officer of which, or any other 
official or employee of which, that exceeds the annual rate 
of basic pay payable for a position at level IV of the Execu-
tive Schedule at any time during any public housing agen-
cy fiscal year 2021. 
SEC. 221. None of the funds made available by this 
Act and provided to the Department of Housing and Urban 
Development may be used to make a grant award unless 
the Secretary notifies the House and Senate Committees on 
Appropriations not less than 3 full business days before any 
project, State, locality, housing authority, Tribe, nonprofit 
organization, or other entity selected to receive a grant 
award is announced by the Department or its offices. 
SEC. 222. None of the funds made available by this 
Act may be used to require or enforce the Physical Needs 
Assessment (PNA). 
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SEC. 223. None of the funds made available in this 
Act shall be used by the Federal Housing Administration, 
the Government National Mortgage Association, or the De-
partment of Housing and Urban Development to insure, 
securitize, or establish a Federal guarantee of any mortgage 
or mortgage backed security that refinances or otherwise re-
places a mortgage that has been subject to eminent domain 
condemnation or seizure, by a State, municipality, or any 
other political subdivision of a State. 
SEC. 224. None of the funds made available by this 
Act may be used to terminate the status of a unit of general 
local government as a metropolitan city (as defined in sec-
tion 102 of the Housing and Community Development Act 
of 1974 (42 U.S.C. 5302)) with respect to grants under sec-
tion 106 of such Act (42 U.S.C. 5306). 
SEC. 225. Amounts made available by this Act that 
are appropriated, allocated, advanced on a reimbursable 
basis, or transferred to the Office of Policy Development and 
Research of the Department of Housing and Urban Devel-
opment 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 pur-
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poses for which the amounts are made available to that Of-
fice subject to reprogramming requirements in section 405 
of this Act. 
SEC. 226. None of the funds provided in this Act or 
any other Act may be used for awards, including perform-
ance, special act, or spot, for any employee of the Depart-
ment of Housing and Urban Development subject to admin-
istrative 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 dis-
cipline or after any final decision over-turning such dis-
cipline. 
SEC. 227. With respect to grant amounts awarded 
under the heading ‘‘Homeless Assistance Grants’’ for fiscal 
years 2015 through 2021 for the Continuum of Care (CoC) 
program as authorized under subtitle C of title IV of the 
McKinney-Vento Homeless Assistance Act, costs paid by 
program income of grant recipients may count toward 
meeting the recipient’s matching requirements, provided the 
costs are eligible CoC costs that supplement the recipient’s 
CoC program. 
SEC. 228. (a) From amounts made available under 
this title under the heading ‘‘Homeless Assistance Grants’’, 
the Secretary may award 1–year transition grants to re-
cipients of funds for activities under subtitle C of the 
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McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 
et seq.) to transition from one Continuum of Care program 
component to another. 
(b) In order to be eligible to receive a transition grant, 
the funding recipient must have the consent of the con-
tinuum of care and meet standards determined by the Sec-
retary. 
SEC. 229. None of the funds made available by this 
Act may be used by the Department of Housing and Urban 
Development to direct a grantee to undertake specific 
changes to existing zoning laws as part of carrying out the 
final rule entitled ‘‘Affirmatively Furthering Fair Hous-
ing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the notice 
entitled ‘‘Affirmatively Furthering Fair Housing Assess-
ment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)). 
SEC. 230. The Promise Zone designations and Promise 
Zone Designation Agreements entered into pursuant to such 
designations, made by the Secretary in prior fiscal years, 
shall remain in effect in accordance with the terms and con-
ditions of such agreements. 
SEC. 231. None of the funds made available by this 
Act may be used to establish and apply review criteria, in-
cluding rating factors or preference points, for participa-
tion in or coordination with EnVision Centers, in the eval-
uation, selection, and award of any funds made available 
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and requiring competitive selection under this Act, except 
with respect to any such funds otherwise authorized for En-
Vision Center purposes under this Act. 
SEC. 232. None of the funds made available by this 
or any prior Act may be used to require or enforce any 
changes to the terms and conditions of the public housing 
annual contributions contract between the Secretary and 
any public housing agency, as such contract was in effect 
as of December 31, 2017, unless such changes are mutually 
agreed upon by the Secretary and such agency: Provided, 
That such agreement by an agency may be indicated only 
by a written amendment to the terms and conditions con-
taining the duly authorized signature of its chief executive: 
Provided further, That the Secretary may not withhold 
funds to compel such agreement by an agency which cer-
tifies to its compliance with its contract. 
SEC. 233. None of the amounts made available in this 
Act may be used to consider Family Self-Sufficiency per-
formance measures or performance scores in determining 
funding awards for programs receiving Family Self-Suffi-
ciency program coordinator funding provided in this Act. 
SEC. 234. Any public housing agency designated as a 
Moving to Work agency pursuant to section 239 of division 
L of Public Law 114–113 (42 U.S.C. 1437f note; 129 Stat. 
2897) may, upon such designation, use funds (except for 
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special purpose funding, including special purpose vouch-
ers) previously allocated to any such public housing agency 
under section 8 or 9 of the United States Housing Act of 
1937, including any reserve funds held by the public hous-
ing agency or funds held by the Department of Housing 
and Urban Development, pursuant to the authority for use 
of section 8 or 9 funding provided under such section and 
section 204 of title II of the Departments of Veterans Affairs 
and Housing and Urban Development and Independent 
Agencies Appropriations Act, 1996 (Public Law 104–134; 
110 Stat. 1321–28), notwithstanding the purposes for which 
such funds were appropriated. 
SEC. 235. None of the amounts made available by this 
Act may be used to prohibit any public housing agency 
under receivership or the direction of a Federal monitor 
from applying for, receiving, or using funds made available 
under the heading ‘‘Public Housing Fund’’ for competitive 
grants to evaluate and reduce lead-based paint hazards in 
this Act or that remain available and not awarded from 
prior Acts, or be used to prohibit a public housing agency 
from using such funds to carry out any required work pur-
suant to a settlement agreement, consent decree, voluntary 
agreement, or similar document for a violation of the Lead 
Safe Housing or Lead Disclosure Rules. 
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SEC. 236. There are hereby rescinded, from funds ap-
propriated under the heading ‘‘Department of Housing and 
Urban Development—Housing Programs—Rental Housing 
Assistance’’— 
(1) all unobligated balances from recaptured 
amounts appropriated prior to fiscal year 2006 from 
terminated contracts under section 236(f)(2) of the 
National Housing Act (12 U.S.C. 1715z–1(f)(2)), and 
any unobligated balances, including recaptures and 
carryover, remaining from funds appropriated under 
such heading after fiscal year 2005; and 
(2) any funds remaining from amounts appro-
priated under such heading in the prior fiscal year. 
SEC. 237. None of the funds made available by this 
title may be used to issue rules or guidance in contravention 
of section 210 of Public Law 115–254 (132 Stat. 3442) or 
section 312 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act (42 U.S.C. 5155). 
SEC. 238. No later than September 30, 2021, the re-
maining unobligated balances of funds made available for 
the youth homelessness demonstration under the heading 
‘‘Department of Housing and Urban Development—Com-
munity Planning and Development—Homeless Assistance 
Grants’’ in the Consolidated Appropriations Act, 2019 
(Public Law 116–6) are hereby permanently rescinded, and 
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an amount of additional new budget authority equivalent 
to the amount rescinded is hereby appropriated, to remain 
available until September 30, 2022, in addition to other 
funds as may be available for such purposes, and shall be 
available, without additional competition, for completing 
the funding of awards made pursuant to the fiscal year 
2019 youth homelessness demonstration. 
This title may be cited as the ‘‘Department of Housing 
and Urban Development Appropriations Act, 2021’’. 
TITLE III 
RELATED AGENCIES 
ACCESS BOARD 
SALARIES AND EXPENSES 
For expenses necessary for the Access Board, as author-
ized by section 502 of the Rehabilitation Act of 1973 (29 
U.S.C. 792), $9,200,000: Provided, That, notwithstanding 
any other provision of law, there may be credited to this 
appropriation funds received for publications and training 
expenses. 
FEDERAL MARITIME COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Federal Maritime Com-
mission as authorized by section 201(d) of the Merchant 
Marine Act, 1936 (46 U.S.C. 307), including services as 
authorized by section 3109 of title 5, United States Code; 
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hire of passenger motor vehicles as authorized by section 
1343(b) of title 31, United States Code; and uniforms or 
allowances therefore, as authorized by sections 5901 and 
5902 of title 5, United States Code, $30,300,000: Provided, 
That not to exceed $3,500 shall be for official reception and 
representation expenses. 
NATIONAL RAILROAD PASSENGER CORPORATION 
OFFICE OF INSPECTOR GENERAL 
SALARIES AND EXPENSES 
For necessary expenses of the Office of Inspector Gen-
eral for the National Railroad Passenger Corporation to 
carry out the provisions of the Inspector General Act of 
1978 (5 U.S.C. App. 3), $25,274,000: Provided, That the 
Inspector General shall have all necessary authority, in car-
rying out the duties specified in such Act, to investigate 
allegations of fraud, including false statements to the Gov-
ernment under section 1001 of title 18, United States Code, 
by any person or entity that is subject to regulation by the 
National Railroad Passenger Corporation: Provided fur-
ther, That the Inspector General may enter into contracts 
and other arrangements for audits, studies, analyses, and 
other services with public agencies and with private per-
sons, subject to the applicable laws and regulations that 
govern the obtaining of such services within the National 
Railroad Passenger Corporation: Provided further, That the 
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Inspector General may select, appoint, and employ such of-
ficers and employees as may be necessary for carrying out 
the functions, powers, and duties of the Office of Inspector 
General, subject to the applicable laws and regulations that 
govern such selections, appointments, and employment 
within the National Railroad Passenger Corporation: Pro-
vided further, That concurrent with the President’s budget 
request for fiscal year 2022, the Inspector General shall sub-
mit to the House and Senate Committees on Appropriations 
a budget request for fiscal year 2022 in similar format and 
substance to budget requests submitted by executive agencies 
of the Federal Government. 
NATIONAL TRANSPORTATION SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the National Transportation 
Safety Board, including hire of passenger motor vehicles 
and aircraft; services as authorized by 5 U.S.C. 3109, but 
at rates for individuals not to exceed the per diem rate 
equivalent to the rate for a GS–15; uniforms, or allowances 
therefor, as authorized by law (5 U.S.C. 5901–5902), 
$118,400,000, of which not to exceed $2,000 may be used 
for official reception and representation expenses: Provided, 
That the amounts made available to the National Transpor-
tation Safety Board in this Act include amounts necessary 
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1735 
to make lease payments on an obligation incurred in fiscal 
year 2001 for a capital lease. 
NEIGHBORHOOD REINVESTMENT CORPORATION 
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT 
CORPORATION 
For payment to the Neighborhood Reinvestment Cor-
poration for use in neighborhood reinvestment activities, as 
authorized by the Neighborhood Reinvestment Corporation 
Act (42 U.S.C. 8101–8107), $163,000,000, of which 
$5,000,000 shall be for a multi-family rental housing pro-
gram: Provided, That an additional $2,000,000, to remain 
available until September 30, 2024, shall be for the pro-
motion and development of shared equity housing models. 
SURFACE TRANSPORTATION BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Surface Transportation 
Board, including services authorized by section 3109 of title 
5, United States Code, $37,500,000: Provided, That, not-
withstanding any other provision of law, not to exceed 
$1,250,000 from fees established by the Surface Transpor-
tation Board shall be credited to this appropriation as off-
setting collections and used for necessary and authorized 
expenses under this heading: Provided further, That the 
amounts made available under this heading from the gen-
eral fund shall be reduced on a dollar-for-dollar basis as 
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such offsetting collections are received during fiscal year 
2021, to result in a final appropriation from the general 
fund estimated at not more than $36,250,000. 
UNITED STATES INTERAGENCY COUNCIL ON 
HOMELESSNESS 
OPERATING EXPENSES 
For necessary expenses, including payment of salaries, 
authorized travel, hire of passenger motor vehicles, the rent-
al 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 Home-
lessness in carrying out the functions pursuant to title II 
of the McKinney-Vento Homeless Assistance Act, as amend-
ed, $3,800,000. 
TITLE IV 
GENERAL PROVISIONS—THIS ACT 
SEC. 401. None of the funds in this Act shall be used 
for the planning or execution of any program to pay the 
expenses of, or otherwise compensate, non-Federal parties 
intervening in regulatory or adjudicatory proceedings fund-
ed in this Act. 
SEC. 402. None of the funds appropriated in this Act 
shall remain available for obligation beyond the current fis-
cal year, nor may any be transferred to other appropria-
tions, unless expressly so provided herein. 
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SEC. 403. The expenditure of any appropriation under 
this Act for any consulting service through a procurement 
contract pursuant to section 3109 of title 5, United States 
Code, shall be limited to those contracts where such expendi-
tures are a matter of public record and available for public 
inspection, except where otherwise provided under existing 
law, or under existing Executive order issued pursuant to 
existing law. 
SEC. 404. (a) None of the funds made available in this 
Act may be obligated or expended for any employee training 
that— 
(1) does not meet identified needs for knowledge, 
skills, and abilities bearing directly upon the perform-
ance of official duties; 
(2) contains elements likely to induce high levels 
of emotional response or psychological stress in some 
participants; 
(3) does not require prior employee notification 
of the content and methods to be used in the training 
and written end of course evaluation; 
(4) contains any methods or content associated 
with religious or quasi-religious belief systems or 
‘‘new age’’ belief systems as defined in Equal Employ-
ment Opportunity Commission Notice N–915.022, 
dated September 2, 1988; or 
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(5) is offensive to, or designed to change, partici-
pants’ personal values or lifestyle outside the work-
place. 
(b) Nothing in this section shall prohibit, restrict, or 
otherwise preclude an agency from conducting training 
bearing directly upon the performance of official duties. 
SEC. 405. Except as otherwise provided in this Act, 
none of the funds provided in this Act, provided by previous 
appropriations Acts to the agencies or entities funded in 
this Act that remain available for obligation or expenditure 
in fiscal year 2021, or provided from any accounts in the 
Treasury derived by the collection of fees and available to 
the agencies funded by this Act, shall be available for obliga-
tion 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 pro-
gram, 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; 
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(5) augments existing programs, projects, or ac-
tivities in excess of $5,000,000 or 10 percent, which-
ever is less; 
(6) reduces existing programs, projects, or activi-
ties 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 explan-
atory statement described in section 4 (in the matter 
preceding division A of this consolidated Act), which-
ever is more detailed, unless prior approval is re-
ceived from the House and Senate Committees on Ap-
propriations: Provided, That not later than 60 days 
after the date of enactment of this Act, each agency 
funded by this Act shall submit a report to the Com-
mittees on Appropriations of the Senate and of the 
House of Representatives to establish the baseline for 
application of reprogramming and transfer authori-
ties for the current fiscal year: Provided further, That 
the report shall include— 
(A) a table for each appropriation with a 
separate column to display the prior year en-
acted level, the President’s budget request, adjust-
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ments made by Congress, adjustments due to en-
acted rescissions, if appropriate, and the fiscal 
year enacted level; 
(B) a delineation in the table for each ap-
propriation and its respective prior year enacted 
level by object class and program, project, and 
activity as detailed in this Act, the table accom-
panying the explanatory statement described in 
section 4 (in the matter preceding division A of 
this consolidated Act), accompanying reports of 
the House and Senate Committee on Appropria-
tions, or in the budget appendix for the respec-
tive 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 con-
gressional interest. 
SEC. 406. Except as otherwise specifically provided by 
law, not to exceed 50 percent of unobligated balances re-
maining available at the end of fiscal year 2021 from ap-
propriations made available for salaries and expenses for 
fiscal year 2021 in this Act, shall remain available through 
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September 30, 2022, for each such account for the purposes 
authorized: Provided, That a request shall be submitted to 
the House and Senate Committees on Appropriations for 
approval prior to the expenditure of such funds: Provided 
further, That these requests shall be made in compliance 
with reprogramming guidelines under section 405 of this 
Act. 
SEC. 407. No funds in this Act may be used to support 
any Federal, State, or local projects that seek to use the 
power of eminent domain, unless eminent domain is em-
ployed only for a public use: Provided, That for purposes 
of this section, public use shall not be construed to include 
economic development that primarily benefits private enti-
ties: Provided further, That any use of funds for mass tran-
sit, railroad, airport, seaport or highway projects, as well 
as utility projects which benefit or serve the general public 
(including energy-related, communication-related, water-re-
lated and wastewater-related infrastructure), other struc-
tures designated for use by the general public or which have 
other common-carrier or public-utility functions that serve 
the general public and are subject to regulation and over-
sight by the government, and projects for the removal of an 
immediate threat to public health and safety or brownfields 
as defined in the Small Business Liability Relief and 
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Brownfields Revitalization Act (Public Law 107–118) shall 
be considered a public use for purposes of eminent domain. 
SEC. 408. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except pur-
suant to a transfer made by, or transfer authority provided 
in, this Act or any other appropriations Act. 
SEC. 409. No part of any appropriation contained in 
this Act shall be available to pay the salary for any person 
filling a position, other than a temporary position, formerly 
held by an employee who has left to enter the Armed Forces 
of the United States and has satisfactorily completed his 
or her period of active military or naval service, and has 
within 90 days after his or her release from such service 
or from hospitalization continuing after discharge for a pe-
riod of not more than 1 year, made application for restora-
tion to his or her former position and has been certified 
by the Office of Personnel Management as still qualified to 
perform the duties of his or her former position and has 
not been restored thereto. 
SEC. 410. No funds appropriated pursuant to this Act 
may be expended by an entity unless the entity agrees that 
in expending the assistance the entity will comply with sec-
tions 2 through 4 of the Act of March 3, 1933 (41 U.S.C. 
8301–8305, popularly known as the ‘‘Buy American Act’’). 
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1743 
SEC. 411. No funds appropriated or otherwise made 
available under this Act shall be made available to any per-
son or entity that has been convicted of violating the Buy 
American Act (41 U.S.C. 8301–8305). 
SEC. 412. None of the funds made available in this 
Act may be used for first-class airline accommodations in 
contravention of sections 301–10.122 and 301–10.123 of 
title 41, Code of Federal Regulations. 
SEC. 413. (a) None of the funds made available by this 
Act may be used to approve a new foreign air carrier per-
mit 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 opera-
tors 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 Agree-
ment. 
(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 Agree-
ment and United States law. 
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1744 
SEC. 414. None of the funds made available in this 
Act may be used to send or otherwise pay for the attendance 
of more than 50 employees of a single agency or department 
of the United States Government, who are stationed in the 
United States, at any single international conference unless 
the relevant Secretary reports to the House and Senate 
Committees on Appropriations at least 5 days in advance 
that such attendance is important to the national interest: 
Provided, That for purposes of this section the term ‘‘inter-
national conference’’ shall mean a conference occurring out-
side of the United States attended by representatives of the 
United States Government and of foreign governments, 
international organizations, or nongovernmental organiza-
tions. 
SEC. 415. None of the funds appropriated or otherwise 
made available under this Act may be used by the Surface 
Transportation Board to charge or collect any filing fee for 
rate or practice complaints filed with the Board in an 
amount in excess of the amount authorized for district court 
civil suit filing fees under section 1914 of title 28, United 
States Code. 
SEC. 416. (a) None of the funds made available in this 
Act may be used to maintain or establish a computer net-
work unless such network blocks the viewing, downloading, 
and exchanging of pornography. 
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1745 
(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 crimi-
nal investigations, prosecution, or adjudication activities. 
SEC. 417. (a) None of the funds made available in this 
Act may be used to deny an Inspector General funded under 
this Act timely access to any records, documents, or other 
materials available to the department or agency over which 
that Inspector General has responsibilities under the In-
spector 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 Inspec-
tor 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 man-
ner. 
(c) Each Inspector General shall ensure compliance 
with statutory limitations on disclosure relevant to the in-
formation provided by the establishment over which that In-
spector General has responsibilities under the Inspector 
General Act of 1978 (5 U.S.C. App.). 
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1746 
(d) Each Inspector General covered by this section 
shall report to the Committees on Appropriations of the 
House of Representatives and the Senate within 5 calendar 
days any failures to comply with this requirement. 
SEC. 418. None of the funds appropriated or otherwise 
made available by this Act may be used to pay award or 
incentive fees for contractors whose performance has been 
judged to be below satisfactory, behind schedule, over budget, 
or has failed to meet the basic requirements of a contract, 
unless the Agency determines that any such deviations are 
due to unforeseeable events, government-driven scope 
changes, or are not significant within the overall scope of 
the project and/or program unless such awards or incentive 
fees are consistent with 16.401(e)(2) of the Federal Acquisi-
tion Regulations. 
SEC. 419. In allocating and awarding available 
amounts provided under the heading ‘‘Homeless Assistance 
Grants’’ in the Department of Housing and Urban Develop-
ment Appropriations Act, 2020 (Public Law 116–94), the 
same heading for fiscal year 2019 (Public Law 116–6), and 
section 231 of Public Law 116–94 for the Continuum of 
Care program, the Secretary of Housing and Urban Devel-
opment shall renew for one 12-month period, without addi-
tional competition, all projects with existing grants expir-
ing during calendar year 2021, including youth homeless 
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1747 
demonstration projects and shelter plus care projects expir-
ing during calendar year 2021, notwithstanding any incon-
sistent provisions in such Acts or in subtitle C of title IV 
of the McKinney-Vento Homeless Assistance Act, as amend-
ed: Provided, That Continuum of Care planning and Uni-
fied Funding Agency awards expiring in calendar year 
2021 may also be renewed and that the Continuum of Care 
may designate a new collaborative applicant to receive the 
award in accordance with the existing process established 
by the Secretary: Provided further, That the Secretary shall 
publish a Notice that identifies and lists all projects and 
awards eligible for such noncompetitive renewal, prescribes 
the format and process by which the projects and awards 
from the list will be renewed, makes adjustments to the re-
newal amount based on changes to the Fair Market Rent, 
and establishes a maximum amount for the renewal of plan-
ning and Unified Funding Agency awards notwithstanding 
the requirement that such maximum amount be established 
in a Notice of Funding Availability. 
SEC. 420. Of the amounts made available by this Act 
for fiscal year 2021 under the heading ‘‘Department of 
Housing and Urban Development—Public and Indian 
Housing—Tenant-Based Rental Assistance’’ and specified 
in the first paragraph of such heading, $695,000,000 is des-
ignated by the Congress as being for an emergency require-
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1748 
ment pursuant to section 251(b)(2)(A)(i) of the Balanced 
Budget and Emergency Deficit Control Act of 1985. 
SEC. 421. In addition to funds provided to the ‘‘Pay-
ments to Air Carriers’’ program in Public Law 116–94, 
Public Law 116–136, and this Act to carry out the essential 
air service program under section 41731 through 41742 of 
title 49, United States Code, $23,332,000 to be derived from 
the Treasury, and to be made available to the Essential Air 
Service and Rural Improvement Fund, to prevent, prepare 
for, and respond to coronavirus, including to offset the loss 
resulting from the coronavirus pandemic of the mandatory 
overflight fees collected pursuant to section 45301 of title 
49, United States Code: Provided, That, notwithstanding 
section 41733 of title 49, United States Code, for each of 
fiscal years 2020 and 2021, the requirements established 
under subparagraphs (B) and (C) of section 41731(a)(1) 
of title 49, United States Code, and the subsidy cap estab-
lished by section 332 of the Department of Transportation 
and Related Agencies Appropriations Act, 2000, shall not 
apply to maintain eligibility under section 417831 of title 
49, United States Code: Provided further, That such 
amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
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1749 
SEC. 422. Section 47114(c)(1) of title 49, United 
States Code, is amended by adding at the end the following: 
‘‘(J) SPECIAL RULE FOR FISCAL YEARS 2022 
AND
2023.—Notwithstanding subparagraph (A) 
and the absence of scheduled passenger aircraft 
service at an airport, the Secretary shall appor-
tion in fiscal years 2022 and 2023 to the sponsor 
of the airport an amount based on the number 
of passenger boardings at the airport during 
whichever of the following years that would re-
sult in the highest apportioned amount: 
‘‘(i) Calendar year 2018. 
‘‘(ii) Calendar year 2019. 
‘‘(iii) The prior full calendar year 
prior to the current fiscal year.’’. 
SEC. 423. Notwithstanding section 47124(d)(1)(B) of 
title 49, United States Code, the Secretary of Transpor-
tation shall not calculate a benefit-to-cost ratio with respect 
to an air traffic control tower participating in the Contract 
Tower Program on the basis of an annual aircraft traffic 
decrease in fiscal years 2020 and 2021. 
This division may be cited as the ‘‘Transportation, 
Housing and Urban Development, and Related Agencies 
Appropriations Act, 2021’’. 
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1750 
DIVISION 
M—CORONAVIRUS 
RESPONSE 
AND RELIEF SUPPLEMENTAL APPRO-
PRIATIONS ACT, 2021 
TITLE I 
DEPARTMENT OF COMMERCE 
NATIONAL OCEANIC AND ATMOSPHERIC 
ADMINISTRATION 
FISHERIES DISASTER ASSISTANCE 
For an additional amount for ‘‘Fisheries Disaster As-
sistance’’, $300,000,000 to remain available until Sep-
tember 30, 2021, to prevent, prepare for, and respond to 
coronavirus, domestically or internationally, which shall 
only be for activities authorized under section 12005 of the 
Coronavirus Aid, Relief, and Economic Security Act (Pub-
lic Law 116–136): Provided, That the amount provided 
under this heading in this Act shall only be allocated to 
States of the United States bordering the Atlantic, Pacific, 
or Arctic Ocean, the Gulf of Mexico, or the Great Lakes, 
as well as Puerto Rico, the United States Virgin Islands, 
Guam, the Commonwealth of the Northern Mariana Is-
lands, American Samoa, and federally recognized Tribes in 
any of the Nation’s coastal States and territories, and feder-
ally recognized Tribes in any of the Nation’s Great Lakes 
States with fisheries on the Tribe’s reservation or ceded or 
usual and accustomed territory: Provided further, That 
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1751 
each State and territory in the preceding proviso, except 
those States only bordering the Great Lakes, shall receive 
an amount equal to not less than 1 percent of the amount 
provided under this heading in this Act and not greater 
than, from amounts provided under either section 12005 of 
Public Law 116–136 or amounts provided under this head-
ing in this Act, that State or territory’s total annual aver-
age revenue from commercial fishing operations, aqua-
culture firms, the seafood supply chain, and charter fishing 
businesses: Provided further, That of the funds provided 
under this heading in this Act, $30,000,000 shall be for 
coronavirus related fishing impacts for Tribal fishery par-
ticipants referenced in the first proviso: Provided further, 
That the National Oceanic and Atmospheric Administra-
tion, in consultation with Tribes referenced in the first pro-
viso, shall develop an application and distribution process 
to disburse funds to all eligible impacted Tribes in a man-
ner that takes into account economic, subsistence, and cere-
monial impacts to Tribes and that ensures timely distribu-
tion of funds: Provided further, That of the funds provided 
under this heading in this Act, $15,000,000 shall be for all 
coronavirus related fishing impacts to non-tribal commer-
cial, aquaculture, processor, and charter fishery partici-
pants in States of the United States bordering the Great 
Lakes: Provided further, That such amount is designated 
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1752 
by the Congress as being for an emergency requirement pur-
suant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
TITLE II 
DEPARTMENT OF HOMELAND SECURITY 
PROTECTION, PREPAREDNESS, RESPONSE, AND 
RECOVERY 
FEDERAL EMERGENCY MANAGEMENT AGENCY 
DISASTER RELIEF FUND 
For an additional amount for ‘‘Federal Emergency 
Management 
Agency—Disaster 
Relief 
Fund’’, 
$2,000,000,000, to remain available until expended, to 
carry out the purposes of section 201 of this title: Provided, 
That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
GENERAL PROVISIONS 
SEC. 201. (a) For the emergency declaration issued by 
the President on March 13, 2020, pursuant to section 501(b) 
of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5191(b)), and for any subsequent 
major disaster declaration under section 401 of such Act 
(42 U.S.C. 5170) that supersedes such emergency declara-
tion, the President shall provide financial assistance to an 
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1753 
individual or household to meet disaster-related funeral ex-
penses under section 408(e)(1) of the Robert T. Stafford Dis-
aster Relief and Emergency Assistance Act (42 U.S.C. 
5174(e)(1)), for such expenses incurred through December 
31, 2020, for which the Federal cost share shall be 100 per-
cent. 
(b) Nothing in this section shall be construed to other-
wise limit the authorities of the President under the Robert 
T. Stafford Disaster Relief and Emergency Assistance Act 
(42 U.S.C. 5121 et seq.). 
TITLE III 
DEPARTMENT OF HEALTH AND HUMAN 
SERVICES 
FOOD AND DRUG ADMINISTRATION 
SALARIES AND EXPENSES 
For an additional amount for ‘‘Salaries and Ex-
penses’’, $55,000,000, to remain available until expended, 
to prevent, prepare for, and respond to coronavirus, domes-
tically or internationally, of which $9,000,000 shall be for 
the development of necessary medical countermeasures and 
vaccines, $30,500,000 shall be for advanced manufacturing 
for medical products, $1,500,000 shall be for the monitoring 
of medical product supply chains, $7,600,000 shall be for 
other public health research and response investments, 
$1,400,000 shall be for data management operation tools, 
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1754 
and $5,000,000 shall be for after action review activities: 
Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
CENTERS FOR DISEASE CONTROL AND PREVENTION 
CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘CDC–Wide Activities 
and Program Support’’, $8,750,000,000, to remain avail-
able until September 30, 2024, to prevent, prepare for, and 
respond to coronavirus, domestically or internationally: 
Provided, That amounts appropriated under this heading 
in this Act shall be for activities to plan, prepare for, pro-
mote, 
distribute, 
administer, 
monitor, 
and 
track 
coronavirus vaccines to ensure broad-based distribution, ac-
cess, and vaccine coverage: Provided further, That of the 
amount appropriated under this heading in this Act, not 
less than $4,500,000,000 shall be for States, localities, terri-
tories, tribes, tribal organizations, urban Indian health or-
ganizations, or health service providers to tribes: Provided 
further, That of the amount in the preceding proviso, 
$210,000,000, shall be transferred to the ‘‘Department of 
Health and Human Services—Indian Health Service—In-
dian Health Services’’ to be allocated at the discretion of 
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1755 
the Director of the Indian Health Service and distributed 
through Indian Health Service directly operated programs 
and to tribes and tribal organizations under the Indian 
Self-Determination and Education Assistance Act and 
through contracts or grants with urban Indian organiza-
tions under title V of the Indian Health Care Improvement 
Act: Provided further, That the amount transferred to tribes 
and tribal organizations under the Indian Self-Determina-
tion and Education Assistance Act in the preceding proviso 
shall be transferred on a one-time, non-recurring basis, is 
not part of the amount required by 25 U.S.C. 5325, and 
may only be used for the purposes identified under this 
heading in this Act, notwithstanding any other provision 
of law: Provided further, That the amounts identified in 
the second proviso under this heading in this Act, except 
for the amounts transferred pursuant to the third proviso 
under this heading in this Act, shall be allocated to States, 
localities, and territories according to the formula that ap-
plied to the Public Health Emergency Preparedness cooper-
ative agreement in fiscal year 2020: Provided further, That 
of the amounts identified in the second proviso under this 
heading in this Act, except for the amounts transferred pur-
suant to the third proviso under this heading in this Act, 
not less than $1,000,000,000 shall be made available within 
21 days of the date of enactment of this Act: Provided fur-
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1756 
ther, That of the amounts identified in the second proviso 
under this heading in this Act, except for the amounts 
transferred pursuant to the third proviso under this head-
ing in this Act, not less than $300,000,000 shall be for high- 
risk and underserved populations, including racial and eth-
nic minority populations and rural communities: Provided 
further, That the Director of the Centers for Disease Control 
and Prevention (‘‘CDC’’) may satisfy the funding thresholds 
outlined in the second, fifth, sixth, and seventh provisos by 
making awards through other grant or cooperative agree-
ment mechanisms: Provided further, That amounts appro-
priated under this heading in this Act may be used to re-
store, either directly or through reimbursement, obligations 
incurred for coronavirus vaccine promotion, preparedness, 
tracking, and distribution prior to the enactment of this 
Act: Provided further, That the Director of the CDC shall 
provide an updated and comprehensive coronavirus vaccine 
distribution strategy and a spend plan, to include funds 
already allocated for distribution, to the Committees on Ap-
propriations of the House of Representatives and the Senate 
and the Committee on Energy and Commerce of the House 
of Representatives and Committee on Health, Education, 
Labor, and Pensions of the Senate within 30 days of enact-
ment of this Act: Provided further, That such strategy and 
plan shall include how existing infrastructure will be lever-
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1757 
aged, enhancements or new infrastructure that may be 
built, considerations for moving and storing vaccines, guid-
ance for how States, localities, territories, tribes, tribal or-
ganizations, urban Indian health organizations, or health 
service providers to tribes, and health care providers should 
prepare for, store, and administer vaccines, nationwide vac-
cination targets, funding that will be distributed to States, 
localities, and territories, how an informational campaign 
to inform both the public and health care providers will 
be executed, and how the strategy and plan will focus efforts 
on high-risk and underserved populations, including racial 
and ethnic minority populations: Provided further, That 
such strategy and plan shall be updated and provided to 
the Committees on Appropriations of the House of Rep-
resentatives and the Senate and the Committee on Energy 
and Commerce of the House of Representatives and Com-
mittee on Health, Education, Labor, and Pensions of the 
Senate every 90 days through the end of the fiscal year: 
Provided further, That amounts appropriated under this 
heading in this Act may be used for grants for the construc-
tion, alteration, or renovation of non-Federally owned fa-
cilities to improve preparedness and response capability at 
the State and local level: Provided further, That such 
amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of 
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1758 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
NATIONAL INSTITUTES OF HEALTH 
OFFICE OF THE DIRECTOR 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Office of the Director’’, 
$1,250,000,000, to remain available until September 30, 
2024, to prevent, prepare for, and respond to coronavirus, 
domestically or internationally: Provided, That of the 
amount appropriated under this heading in this Act, 
$1,150,000,000 shall be provided for research and clinical 
trials related to long-term studies of COVID–19: Provided 
further, That of the amount appropriated under this head-
ing in this Act, no less than $100,000,000 shall be for the 
Rapid Acceleration of Diagnostics: Provided further, That 
funds appropriated under this heading in this Act may be 
transferred to the accounts of Institutes and Centers of the 
National Institutes of Health (NIH): Provided further, That 
this transfer authority is in addition to any other transfer 
authority available to the NIH: Provided further, That such 
amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
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1759 
SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES 
ADMINISTRATION 
HEALTH SURVEILLANCE AND PROGRAM SUPPORT 
For an additional amount for ‘‘Heath Surveillance 
and Program Support’’, $4,250,000,000, to prevent, pre-
pare for, and respond to coronavirus, domestically or inter-
nationally: Provided, That of the amount appropriated 
under this heading in this Act, $1,650,000,000 shall be for 
grants for the substance abuse prevention and treatment 
block grant program under subpart II of part B of title 
XIX of the Public Health Service Act (‘‘PHS Act’’): Pro-
vided further, That of the amount appropriated under this 
heading in this Act, $1,650,000,000 shall be for grants for 
the community mental health services block grant program 
under subpart I of part B of title XIX of the PHS Act: 
Provided further, That of the amount appropriated in the 
preceding proviso, the Assistant Secretary is directed to 
provide no less than 50 percent of funds directly to facilities 
defined in section 1913(c) of the PHS Act: Provided further, 
That of the amount appropriated under this heading in this 
Act, not less than $600,000,000 is available for the Certified 
Community Behavioral Health Clinic Expansion Grant 
program: Provided further, That of the amount appro-
priated under this heading in this Act, not less than 
$50,000,000 shall be available for suicide prevention pro-
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1760 
grams: Provided further, That of the amount appropriated 
under this heading in this Act, $50,000,000 shall be for ac-
tivities and services under Project AWARE: Provided fur-
ther, That of the amount appropriated under this heading 
in this Act, not less than $240,000,000 is available for ac-
tivities authorized under section 501(o) of the PHS Act: 
Provided further, That the Assistant Secretary may 
prioritize amounts appropriated in the preceding proviso 
to eligible states that did not receive amounts made avail-
able for such purpose under the Coronavirus Aid, Relief, 
and Economic Security Act (Public Law 116–136): Pro-
vided further, That of the amount appropriated under this 
heading in this Act, $10,000,000 shall be for the National 
Child Traumatic Stress Network: Provided further, That 
from within the amount appropriated under this heading 
in this Act in the previous provisos, a total of not less than 
$125,000,000 shall be allocated to tribes, tribal organiza-
tions, urban Indian health organizations, or health or be-
havioral health service providers to tribes: Provided further, 
That with respect to the amount appropriated under this 
heading in this Act the Substance Abuse and Mental Health 
Services Administration shall maintain the 20 percent set- 
aside for prevention, but may waive requirements with re-
spect to allowable activities, timelines, or reporting require-
ments for the Substance Abuse Prevention and Treatment 
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1761 
Block Grant and the Community Mental Health Services 
Block Grant as deemed necessary to facilitate a grantee’s 
response to coronavirus: Provided further, That such 
amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
ADMINISTRATION FOR CHILDREN AND FAMILIES 
PAYMENTS TO STATES FOR THE CHILD CARE AND 
DEVELOPMENT BLOCK GRANT 
For an additional amount for ‘‘Payments to States for 
the 
Child 
Care 
and 
Development 
Block 
Grant’’, 
$10,000,000,000 to prevent, prepare for, and respond to 
coronavirus, domestically or internationally which shall be 
used to supplement, not supplant State, Territory, and 
Tribal general revenue funds for child care assistance for 
low-income families within the United States (including 
territories) without regard to requirements in sections 
658E(c)(3)(D)–(E), or 658G of the Child Care and Develop-
ment Block Grant Act (‘‘CCDBG Act’’): Provided, That 
funds appropriated under this heading in this Act may be 
used for costs of providing relief from copayments and tui-
tion payments for families and for paying that portion of 
the child care provider’s cost ordinarily paid through fam-
ily copayments to provide continued payments and assist-
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1762 
ance to child care providers in the case of decreased enroll-
ment or closures related to coronavirus, and to assure they 
are able to remain open or reopen as appropriate and ap-
plicable, including for fixed costs and increased operating 
expenses: Provided further, That States, Territories, and 
Tribes are encouraged to place conditions on payments to 
child care providers that ensure that child care providers 
use a portion of funds received to continue to pay the sala-
ries and wages of staff: Provided further, That lead agencies 
may use funds provided under this heading in this Act to 
support the stability of the child care sector to help pro-
viders afford increased operating expenses during the 
COVID–19 public health emergency, and shall publicize 
widely the availability of, and provide technical assistance 
to help providers apply for, funding available for such pur-
poses, including among center-based child care providers, 
family child care providers, and group home child care pro-
viders: Provided further, That lead agencies are encouraged 
to implement enrollment and eligibility policies that sup-
port the fixed costs of providing child care services by 
delinking provider reimbursement rates from an eligible 
child’s absence and a provider’s closure due to the COVID– 
19 public health emergency: Provided further, That the Sec-
retary shall remind States that Child Care and Develop-
ment Block Grant (‘‘CCDBG’’) State plans do not need to 
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be amended prior to utilizing existing authorities in the 
CCDBG Act for the purposes provided herein: Provided fur-
ther, That States, Territories, and Tribes are authorized to 
use funds appropriated under this heading in this Act to 
provide child care assistance to health care sector employees, 
emergency responders, sanitation workers, farmworkers, 
and other workers deemed essential during the response to 
coronavirus by public officials, without regard to the in-
come eligibility requirements of section 658P(4) of such Act: 
Provided further, That States, Territories, and Tribes shall 
use a portion of funds appropriated under this heading in 
this Act to provide assistance to eligible child care providers 
under section 658P(6) of the CCDBG Act that were not re-
ceiving CCDBG assistance prior to the public health emer-
gency as a result of the coronavirus and any renewal of 
such declaration pursuant to such section 319, for the pur-
poses of cleaning and sanitation, and other activities nec-
essary to maintain or resume the operation of programs, 
including for fixed costs and increased operating expenses: 
Provided further, That funds provided under this heading 
in this Act may be used to provide technical assistance to 
child care providers to help providers implement practices 
and policies in line with guidance from State and local 
health departments and the Centers for Disease Control and 
Prevention regarding the safe provision of child care serv-
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ices while there is community transmission of COVID–19: 
Provided further, That funds appropriated under this head-
ing in this Act may be made available to restore amounts, 
either directly or through reimbursement, for obligations in-
curred to prevent, prepare for, and respond to coronavirus, 
domestically or internationally, prior to the date of enact-
ment of this Act: Provided further, That the Secretary may 
reserve not more than $15,000,000 for Federal administra-
tive expenses, which shall remain available through Sep-
tember 30, 2024: Provided further, That no later than 60 
days after the date of enactment of this Act, each State, 
Territory, and Tribe that receives funding under this head-
ing in this Act shall submit to the Secretary a report, in 
such manner as the Secretary may require, describing how 
the funds appropriated under this heading in this Act will 
be spent and that no later than 90 days after the date of 
enactment of this Act, the Secretary shall submit to the 
Committees on Appropriations of the House of Representa-
tives and the Senate, the Committee on Education and 
Labor of the House of Representatives, and the Committee 
on Health, Education, Labor, and Pensions of the Senate 
a report summarizing such reports from the States, Terri-
tories, and Tribes: Provided further, That, no later than 
October 31, 2022, each State, Territory, and Tribe that re-
ceives funding under this heading in this Act shall submit 
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to the Secretary a report, in such manner as the Secretary 
may require, describing how the funds appropriated under 
this heading in this Act were spent and that no later than 
60 days after receiving such reports from the States, Terri-
tories, and Tribes, the Secretary shall submit to the Com-
mittees on Appropriations of the House of Representatives 
and the Senate, the Committee on Education and Labor 
of the House of Representatives, and the Committee on 
Health, Education, Labor, and Pensions of the Senate a 
report summarizing such reports from the States, Terri-
tories, and Tribes: Provided further, That such amount is 
designated by the Congress as being for an emergency re-
quirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
CHILDREN AND FAMILIES SERVICES PROGRAM 
For an additional amount for ‘‘Children and Families 
Services Programs’’, $250,000,000, to prevent, prepare for, 
and respond to coronavirus, for making payments under 
the Head Start Act, including for Federal administrative 
expenses, and allocated in an amount that bears the same 
ratio to such portion as the number of enrolled children 
served by the agency involved bears to the number of en-
rolled children by all Head Start agencies: Provided, That 
none of the funds made available under this heading in the 
Act shall be included in the calculation of the ‘‘base grant’’ 
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1766 
in subsequent fiscal years, as such term is defined in sec-
tions 640(a)(7)(A), 641A(h)(1)(B), or 645(d)(3) of the Head 
Start Act: Provided further, That funds made available 
under this heading in this Act are not subject to the alloca-
tion requirements of section 640(a) of the Head Start Act: 
Provided further, That such funds may be available to re-
store amounts, either directly or through reimbursement, for 
obligations incurred to prevent, prepare for, and respond 
to coronavirus, prior to the date of enactment of this Act: 
Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
ADMINISTRATION FOR COMMUNITY LIVING 
AGING AND DISABILITY SERVICES PROGRAMS 
For an additional amount for ‘‘Aging and Disability 
Services Programs’’, $100,000,000, to prevent, prepare for, 
and respond to coronavirus, domestically or internation-
ally, which shall be for activities authorized under Subtitle 
B of Title XX of the Social Security Act, of which not less 
than $50,000,000 shall be for implementation of Section 
2042(b) of the Social Security Act: Provided, That such 
amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of 
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1767 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
OFFICE OF THE SECRETARY 
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY 
FUND 
(INCLUDING TRANSFER OF FUNDS) 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’, $22,945,000,000, to re-
main available until September 30, 2024, to prevent, pre-
pare for, and respond to coronavirus, domestically or inter-
nationally, including the development of necessary counter-
measures and vaccines, prioritizing platform-based tech-
nologies with U.S.-based manufacturing capabilities, the 
purchase of vaccines, therapeutics, diagnostics, necessary 
medical supplies, as well as medical surge capacity, and 
other preparedness and response activities: Provided, That 
funds appropriated under this paragraph in this Act may 
be used to develop and demonstrate innovations and en-
hancements to manufacturing platforms to support such ca-
pabilities: Provided further, That the Secretary of Health 
and Human Services (referred to under this heading as 
‘‘Secretary’’) shall purchase vaccines developed using funds 
made available under this paragraph in this Act to respond 
to an outbreak or pandemic related to coronavirus in quan-
tities determined by the Secretary to be adequate to address 
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the public health need: Provided further, That the Secretary 
may take into account geographical areas with a high per-
centage of cross-jurisdictional workers when determining al-
locations of vaccine doses: Provided further, That products 
purchased by the Federal government with funds made 
available under this paragraph in this Act, including vac-
cines, therapeutics, and diagnostics, shall be purchased in 
accordance with Federal Acquisition Regulation guidance 
on fair and reasonable pricing: Provided further, That the 
Secretary may take such measures authorized under current 
law to ensure that vaccines, therapeutics, and diagnostics 
developed from funds provided in this Act will be affordable 
in the commercial market: Provided further, That in car-
rying out the preceding proviso, the Secretary shall not take 
actions that delay the development of such products: Pro-
vided further, That products purchased with funds appro-
priated under this paragraph in this Act may, at the discre-
tion of the Secretary of Health and Human Services, be 
deposited in the Strategic National Stockpile under section 
319F–2 of the Public Health Service Act: Provided further, 
That of the amount appropriated under this paragraph in 
this Act, not more than $3,250,000,000 shall be for the Stra-
tegic National Stockpile under section 319F–2(a) of such 
Act: Provided further, That funds appropriated under this 
paragraph in this Act may be transferred to, and merged 
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with, the fund authorized by section 319F–4, the Covered 
Countermeasure Process Fund, of the Public Health Service 
Act: Provided further, That of the amount appropriated 
under this paragraph in this Act, $19,695,000,000 shall be 
available to the Biomedical Advanced Research and Devel-
opment Authority for necessary expenses of manufacturing, 
production, and purchase, at the discretion of the Secretary, 
of vaccines, therapeutics, and ancillary supplies necessary 
for the administration of such vaccines and therapeutics: 
Provided further, That funds in the preceding proviso may 
be used for the construction or renovation of U.S.-based next 
generation manufacturing facilities, other than facilities 
owned by the United States Government: Provided further, 
That the Secretary shall notify the Committees on Appro-
priations of the House of Representatives and the Senate 
2 days in advance of any obligation in excess of 
$50,000,000, including but not limited to contracts and 
interagency agreements, from funds provided in this para-
graph in this Act: Provided further, That amounts appro-
priated under this paragraph in this Act may be used to 
restore, either directly or through reimbursement, obliga-
tions incurred for coronavirus vaccines and therapeutics 
planning, development, preparation, and purchase prior to 
the enactment of this Act: Provided further, That funds ap-
propriated under this paragraph in this Act may be used 
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1770 
for the construction, alteration, or renovation of non-feder-
ally owned facilities for the production of vaccines, thera-
peutics, diagnostics, and ancillary medical supplies where 
the Secretary determines that such a contract is necessary 
to secure sufficient amounts of such supplies: Provided fur-
ther, That not later than 30 days after enactment of this 
Act, and every 30 days thereafter until funds are expended, 
the Secretary shall report to the Committees on Appropria-
tions of the House of Representatives and the Senate on uses 
of funding for Operation Warp Speed, detailing current ob-
ligations by Department or Agency, or component thereof 
broken out by the coronavirus supplemental appropriations 
Act that provided the source of funds: Provided further, 
That the plan outlined in the preceding proviso shall in-
clude funding by contract, grant, or other transaction in 
excess of $20,000,000 with a notation of which Department 
or Agency, and component thereof is managing the contract: 
Provided further, That such amount is designated by the 
Congress as being for an emergency requirement pursuant 
to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985. 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’, $22,400,000,000, to re-
main available until September 30, 2022, to prevent, pre-
pare for, and respond to coronavirus, domestically or inter-
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1771 
nationally, which shall be for necessary expenses for testing, 
contact tracing, surveillance, containment, and mitigation 
to monitor and suppress COVID–19, including tests for 
both active infection and prior exposure, including molec-
ular, antigen, and serological tests, the manufacturing, pro-
curement and distribution of tests, testing equipment and 
testing supplies, including personal protective equipment 
needed for administering tests, the development and valida-
tion of rapid, molecular point-of-care tests, and other tests, 
support for workforce, epidemiology, to scale up academic, 
commercial, public health, and hospital laboratories, to con-
duct surveillance and contact tracing, support development 
of COVID–19 testing plans, and other related activities re-
lated to COVID–19 testing and mitigation: Provided, That 
amounts appropriated under this paragraph in this Act 
shall be for States, localities, territories, tribes, tribal orga-
nizations, urban Indian health organizations, or health 
service providers to tribes for necessary expenses for testing, 
contact tracing, surveillance, containment, and mitigation, 
including support for workforce, epidemiology, use by em-
ployers, elementary and secondary schools, child care facili-
ties, institutions of higher education, long-term care facili-
ties, or in other settings, scale up of testing by public health, 
academic, commercial, and hospital laboratories, and com-
munity-based testing sites, mobile testing units, health care 
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facilities, and other entities engaged in COVID–19 testing, 
and other related activities related to COVID–19 testing, 
contact tracing, surveillance, containment, and mitigation 
which may include interstate compacts or other mutual aid 
agreements for such purposes: Provided further, That 
amounts appropriated under this paragraph in this Act 
shall be made available within 21 days of the date of enact-
ment of this Act: Provided further, That of the amount ap-
propriated under this paragraph in this Act, $790,000,000, 
shall be transferred to the ‘‘Department of Health and 
Human Services—Indian Health Service—Indian Health 
Services’’ to be allocated at the discretion of the Director 
of the Indian Health Service and distributed through In-
dian Health Service directly operated programs and to 
tribes and tribal organizations under the Indian Self-Deter-
mination and Education Assistance Act and through con-
tracts or grants with urban Indian organizations under 
title V of the Indian Health Care Improvement Act: Pro-
vided further, That the amount transferred to tribes and 
tribal organizations under the Indian Self-Determination 
and Education Assistance Act in the preceding proviso shall 
be transferred on a one-time, non-recurring basis, is not 
part of the amount required by 25 U.S.C. 5325, and may 
only be used for the purposes identified under this para-
graph in this Act, notwithstanding any other provision of 
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1773 
law: Provided further, That amounts appropriated under 
this paragraph in this Act, except for the amounts trans-
ferred pursuant to the third proviso under this paragraph 
in this Act, shall be allocated to States, localities, and terri-
tories according to the formula that applied to the Public 
Health Emergency Preparedness cooperative agreement in 
fiscal year 2020: Provided further, That of the amount ap-
propriated under this paragraph in this Act, except for the 
amounts transferred pursuant to the third proviso under 
this paragraph in this Act, not less than $2,500,000,000, 
shall be for strategies for improving testing capabilities and 
other purposes described in this paragraph in high-risk and 
underserved populations, including racial and ethnic mi-
nority populations and rural communities, as well as devel-
oping or identifying best practices for States and public 
health officials to use for contact tracing in high-risk and 
underserved populations, including racial and ethnic mi-
nority populations and rural communities and shall not 
be allocated pursuant to the formula in the preceding pro-
viso: Provided further, That the second proviso under this 
paragraph in this Act, shall not apply to amounts in the 
preceding proviso: Provided further, That the Secretary of 
Health and Human Services (referred to in this paragraph 
as the ‘‘Secretary’’) may satisfy the funding thresholds out-
lined under this paragraph in this Act for funding other 
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than amounts transferred pursuant to the third proviso 
under this paragraph in this Act by making awards 
through other grant or cooperative agreement mechanisms: 
Provided further, That the Governor or designee of each 
State, locality, territory, tribe, or tribal organization receiv-
ing funds pursuant to this paragraph in this Act shall up-
date their plans, as applicable, for COVID–19 testing and 
contact tracing submitted to the Secretary pursuant to the 
Paycheck Protection Program and Health Care Enhance-
ment Act (Public Law 116–139) and submit such updates 
to the Secretary not later than 60 days after funds appro-
priated in this paragraph in this Act have been awarded 
to such recipient: Provided further, That not later than 60 
days after enactment of this Act, and every quarter there-
after until funds are expended, the Governor or designee of 
each State, locality, territory, tribe, or tribal organization 
receiving funds shall report to the Secretary on uses of fund-
ing, detailing current commitments and obligations broken 
out by the coronavirus supplemental appropriations Act 
that provided the source of funds: Provided further, That 
not later than 15 days after receipt of such reports, the Sec-
retary shall summarize and report to the Committees on 
Appropriations of the House of Representatives and the 
Senate and the Committee on Energy and Commerce of the 
House of Representatives and the Committee on Health, 
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Education, Labor, and Pensions of the Senate on States’ 
commitments and obligations of funding: Provided further, 
That the Secretary shall make publicly available the plans 
submitted by the Governor or designee of each State, local-
ity, territory, tribe, or tribal organization and the report 
on use of funds provided under this paragraph: Provided 
further, That funds an entity receives from amounts de-
scribed in the first proviso in this paragraph may also be 
used for the rent, lease, purchase, acquisition, construction, 
alteration, renovation, or equipping of non-federally owned 
facilities to improve coronavirus preparedness and response 
capability at the State and local level: Provided further, 
That the Secretary shall provide a report to the Committees 
on Appropriations of the House of Representatives and the 
Senate on obligation of funds to eligible entities pursuant 
to the sixth proviso, summarized by State, not later than 
30 days after the date of enactment of this Act, and every 
60 days thereafter until funds are expired: Provided further, 
That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
For an additional amount for ‘‘Public Health and So-
cial Services Emergency Fund’’, $3,000,000,000, to remain 
available until expended, to prevent, prepare for, and re-
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spond to coronavirus, domestically or internationally, 
which shall be for necessary expenses to reimburse, through 
grants or other mechanisms, eligible health care providers 
for health care related expenses or lost revenues that are 
attributable to coronavirus: Provided, That these funds may 
not be used to reimburse expenses or losses that have been 
reimbursed from other sources or that other sources are obli-
gated to reimburse: Provided further, That recipients of 
payments under this paragraph shall submit reports and 
maintain documentation as the Secretary determines are 
needed to ensure compliance with conditions that are im-
posed by this paragraph for such payments, and such re-
ports and documentation shall be in such form, with such 
content, and in such time as the Secretary may prescribe 
for such purpose: Provided further, That ‘‘eligible health 
care providers’’ means public entities, Medicare or Med-
icaid enrolled suppliers and providers, and such for-profit 
entities and not-for-profit entities not otherwise described 
in this proviso as the Secretary may specify, within the 
United States (including territories), that provide diag-
noses, testing, or care for individuals with possible or actual 
cases of COVID–19: Provided further, That the Secretary 
shall, on a rolling basis, review applications and make pay-
ments under this paragraph in this Act: Provided further, 
That funds appropriated under this paragraph in this Act 
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shall be available for building or construction of temporary 
structures, leasing of properties, medical supplies and 
equipment including personal protective equipment and 
testing supplies, increased workforce and trainings, emer-
gency operation centers, retrofitting facilities, and surge ca-
pacity: Provided further, That, in this paragraph, the term 
‘‘payment’’ means a pre-payment, prospective payment, or 
retrospective payment, as determined appropriate by the 
Secretary: Provided further, That payments under this 
paragraph shall be made in consideration of the most effi-
cient payment systems practicable to provide emergency 
payment: Provided further, That to be eligible for a pay-
ment under this paragraph in this Act, an eligible health 
care provider shall submit to the Secretary an application 
that includes a statement justifying the need of the provider 
for the payment and the eligible health care provider shall 
have a valid tax identification number: Provided further, 
That for any reimbursement by the Secretary from the Pro-
vider Relief Fund to an eligible health care provider that 
is a subsidiary of a parent organization, the parent organi-
zation may, allocate (through transfers or otherwise) all or 
any portion of such reimbursement among the subsidiary 
eligible health care providers of the parent organization, in-
cluding reimbursements referred to by the Secretary as 
‘‘Targeted Distribution’’ payments, among subsidiary eligi-
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ble health care providers of the parent organization except 
that responsibility for reporting the reallocated reimburse-
ment shall remain with the original recipient of such reim-
bursement: Provided further, That, for any reimbursement 
from the Provider Relief Fund to an eligible health care 
provider for health care related expenses or lost revenues 
that are attributable to coronavirus (including reimburse-
ments made before the date of the enactment of this Act), 
such provider may calculate such lost revenues using the 
Frequently Asked Questions guidance released by the De-
partment of Health and Human Services in June 2020, in-
cluding the difference between such provider’s budgeted and 
actual revenue budget if such budget had been established 
and approved prior to March 27, 2020: Provided further, 
That of the amount made available in the third paragraph 
under this heading in Public Law 116–136, not less than 
85 percent of (i) the unobligated balances available as of 
the date of enactment of this Act, and (ii) any funds recov-
ered from health care providers after the date of enactment 
of this Act, shall be for any successor to the Phase 3 General 
Distribution allocation to make payments to eligible health 
care providers based on applications that consider financial 
losses and changes in operating expenses occurring in the 
third or fourth quarter of calendar year 2020, or the first 
quarter of calendar year 2021, that are attributable to 
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coronavirus: Provided further, That, not later than 3 years 
after final payments are made under this paragraph, the 
Office of Inspector General of the Department of Health and 
Human Services shall transmit a final report on audit 
findings with respect to this program to the Committees on 
Appropriations of the House of Representatives and the 
Senate: Provided further, That nothing in this section lim-
its the authority of the Inspector General or the Comptroller 
General to conduct audits of interim payments at an earlier 
date: Provided further, That not later than 60 days after 
the date of enactment of this Act, the Secretary of Health 
and Human Services shall provide a report to the Commit-
tees on Appropriations of the House of Representatives and 
the Senate on obligation of funds, including obligations to 
such eligible health care providers, summarized by State of 
the payment receipt: Provided further, That such reports 
shall be updated and submitted to such Committees every 
60 days until funds are expended: Provided further, That 
the amounts repurposed in this paragraph that were pre-
viously designated by the Congress as an emergency require-
ment pursuant to the Balanced Budget and Emergency Def-
icit Control Act of 1985 are designated by the Congress as 
an 
emergency 
requirement 
pursuant 
to 
section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985: Provided further, That such 
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amount is designated by the Congress as being for an emer-
gency requirement pursuant to section 251(b)(2)(A)(i) of 
the Balanced Budget and Emergency Deficit Control Act 
of 1985. 
GENERAL PROVISIONS—DEPARTMENT OF 
HEALTH AND HUMAN SERVICES 
SEC. 301. Funds appropriated by this title may be 
used by the Secretary of the Department of Health and 
Human Services to appoint, without regard to the provi-
sions of sections 3309 through 3319 of title 5 of the United 
States Code, candidates needed for positions to perform crit-
ical work relating to coronavirus for which— 
(1) public notice has been given; and 
(2) the Secretary of Health and Human Services 
has determined that such a public health threat exists. 
SEC. 302. Funds appropriated by this title may be 
used to enter into contracts with individuals for the provi-
sion of personal services (as described in section 104 of part 
37 of title 48, Code of Federal Regulations (48 CFR 
37.104)) to support the prevention of, preparation for, or 
response to coronavirus, domestically and internationally, 
subject to prior notification to the Committees on Appro-
priations of the House of Representatives and the Senate: 
Provided, That such individuals may not be deemed em-
ployees of the United States for the purpose of any law ad-
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ministered by the Office of Personnel Management: Pro-
vided further, That the authority made available pursuant 
to this section shall expire on September 30, 2024. 
SEC. 303. (a) If services performed by an employee 
during 2020 and 2021 are determined by the head of the 
agency to be primarily related to preparation, prevention, 
or response to coronavirus, any premium pay for such serv-
ices shall be disregarded in calculating the aggregate of such 
employee’s basic pay and premium pay for purposes of a 
limitation under section 5547(a) of title 5, United States 
Code, or under any other provision of law, whether such 
employees pay is paid on a biweekly or calendar year basis. 
(b) Any overtime pay for such services shall be dis-
regarded in calculating any annual limit on the amount 
of overtime pay payable in a calendar or fiscal year. 
(c) With regard to such services, any pay that is dis-
regarded under either subsection (a) or (b) shall be dis-
regarded in calculating such employee’s aggregate pay for 
purposes of the limitation in section 5307 of such title 5. 
(d)(1) Pay that is disregarded under subsection (a) or 
(b) shall not cause the aggregate of the employee’s basic pay 
and premium pay for the applicable calendar year to exceed 
the rate of basic pay payable for a position at level II of 
the Executive Schedule under section 5313 of title 5, United 
States Code, as in effect at the end of such calendar year. 
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(2) For purposes of applying this subsection to 
an employee who would otherwise be subject to the 
premium pay limits established under section 5547 of 
title 5, United States Code, ‘‘premium pay’’ means 
the premium pay paid under the provisions of law 
cited in section 5547(a). 
(3) For purposes of applying this subsection to 
an employee under a premium pay limit established 
under an authority other than section 5547 of title 5, 
United States Code, the agency responsible for admin-
istering such limit shall determine what payments 
are considered premium pay. 
(e) This section shall take effect as if enacted on Feb-
ruary 2, 2020. 
(f) If application of this section results in the payment 
of additional premium pay to a covered employee of a type 
that is normally creditable as basic pay for retirement or 
any other purpose, that additional pay shall not— 
(1) be considered to be basic pay of the covered 
employee for any purpose; or 
(2) be used in computing a lump-sum payment 
to the covered employee for accumulated and accrued 
annual leave under section 5551 or section 5552 of 
title 5, United States Code. 
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1783 
SEC. 304. Funds appropriated by this title to the head-
ing ‘‘Department of Health and Human Services’’ except 
for the amounts specified in the second and third para-
graphs under the heading ‘‘Public Health and Social Serv-
ices Emergency Fund’’, may be transferred to, and merged 
with, other appropriation accounts under the headings 
‘‘Centers for Disease Control and Prevention’’, ‘‘National 
Institutes of Health’’, ‘‘Substance Abuse and Mental Health 
Services’’, ‘‘Administration for Children and Families’’, 
and ‘‘Public Health and Social Services Emergency Fund’’, 
to prevent, prepare for, and respond to coronavirus fol-
lowing consultation with the Office of Management and 
Budget: Provided further, That the Committees on Appro-
priations of the House of Representatives and the Senate 
shall be notified 10 days in advance of any such transfer: 
Provided further, That, upon a determination that all or 
part of the funds transferred from an appropriation by this 
title are not necessary, such amounts may be transferred 
back to that appropriation: Provided further, That none of 
the funds made available by this title may be transferred 
pursuant to the authority in section 205 of division A of 
Public Law 116–94 or section 241(a) of the PHS Act. 
SEC. 305. Of the funds appropriated by this title under 
the heading ‘‘Public Health and Social Services Emergency 
Fund’’, up to $2,000,000 shall be transferred to the ‘‘Office 
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1784 
of the Secretary, Office of Inspector General’’, and shall re-
main available until expended, for oversight of activities 
supported with funds appropriated to the Department of 
Health and Human Services to prevent, prepare for, and 
respond to coronavirus, domestically or internationally: 
Provided, That the Inspector General of the Department of 
Health and Human Services shall consult with the Commit-
tees on Appropriations of the House of Representatives and 
the Senate prior to obligating such funds: Provided further, 
That the transfer authority provided by this section is in 
addition to any other transfer authority provided by law. 
SEC. 306. Section 675b(b)(3) of the Community Serv-
ices Block Grant Act (42 U.S.C. 9906(b)(3)) shall not apply 
with respect to funds appropriated by the Coronavirus Aid, 
Relief, and Economic Security Act (Public Law 116–136) 
to carry out the Community Services Block Grant Act (42 
U.S.C. 9901 et seq.): Provided, That the amounts 
repurposed in this section that were previously designated 
by the Congress as an emergency requirement pursuant to 
the Balanced Budget and Emergency Deficit Control Act 
of 1985 are designated by the Congress as an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985. 
SEC. 307. Penalties and administrative requirements 
under title XXVI of the Public Health Service Act may be 
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waived by the Secretary of Health and Human Services for 
funds awarded under such title of such Act from amounts 
provided for fiscal year 2020 and fiscal year 2021 under 
the heading ‘‘Department of Health and Human Services— 
Health Resources and Services Administration’’, including 
amounts made available under such heading by transfer: 
Provided, That such amount is designated by the Congress 
as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
DEPARTMENT OF EDUCATION 
EDUCATION STABILIZATION FUND 
For an additional amount for ‘‘Education Stabiliza-
tion Fund’’, $81,880,000,000, to remain available through 
September 30, 2022, to prevent, prepare for, and respond 
to coronavirus, domestically or internationally: Provided, 
That such amount is designated by the Congress as being 
for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency 
Deficit Control Act of 1985. 
GENERAL PROVISIONS—DEPARTMENT OF 
EDUCATION 
EDUCATION STABILIZATION FUND 
SEC. 311. (a) ALLOCATIONS.—From the amount made 
available under this heading in this Act to carry out the 
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Education Stabilization Fund, the Secretary shall first al-
locate— 
(1) one-half of 1 percent to the outlying areas for 
supplemental awards to be allocated not more than 30 
calendar days from the date of enactment of this Act 
on the basis of the terms and conditions for funding 
provided 
under 
section 
18001(a)(1) 
of 
the 
Coronavirus Aid, Relief, and Economic Security 
(CARES) Act (Public Law 116–136); and 
(2) one-half of 1 percent for a supplemental 
award to be allocated to the Secretary of Interior not 
more than 30 calendar days from enactment of this 
Act for programs operated or funded by the Bureau 
of Indian Education (BIE) under the terms and con-
ditions established for funding provided under section 
18001(a)(2) of the CARES Act (Public Law 116– 
136), for BIE-operated and funded elementary and 
secondary schools and Tribal Colleges and Univer-
sities, except that funding shall be allocated as fol-
lows: 
(A) 60 percent for Bureau-funded schools, 
as defined in 25 U.S.C. 2021, provided that such 
schools may not be required to submit a spend-
ing plan before receipt of funding. 
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(B) 40 percent for Tribal Colleges and Uni-
versities, which shall be distributed according to 
the formula in section 316(d)(3) of the Higher 
Education Act of 1965 (‘‘HEA’’). 
(b) RESERVATIONS.—After carrying out subsection 
(a), the Secretary shall reserve the remaining funds made 
available as follows: 
(1) 5 percent to carry out section 312 of this 
title. 
(2) 67 percent to carry out section 313 of this 
title. 
(3) 28 percent to carry out section 314 of this 
title. 
GOVERNOR’S EMERGENCY EDUCATION RELIEF FUND 
SEC. 312. (a) PROGRAM AUTHORIZED.—(1) From 
funds reserved under section 311(b)(1) of this title and not 
reserved under paragraph (2), the Secretary shall make 
supplemental Emergency Education Relief grants to the 
Governor of each State with an approved application under 
section 18002 of division B of the CARES Act (Public Law 
116–136). The Secretary shall award funds under this sec-
tion to the Governor of each State with an approved appli-
cation within 30 calendar days of the date of enactment 
of this Act. 
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1788 
(2) RESERVATION.—From funds made available 
under section 311(b)(1) of this title, the Secretary 
shall reserve $2,750,000,000 of such funds to provide 
Emergency Assistance to Non-Public Schools grants, 
in accordance with subsection (d), to the Governor of 
each State with an approved application under sub-
section (d)(2). 
(b) ALLOCATIONS.—The amount of each grant under 
subsection (a)(1) shall be allocated by the Secretary to each 
State as follows: 
(1) 60 percent on the basis of their relative popu-
lation of individuals aged 5 through 24. 
(2) 40 percent on the basis of their relative num-
ber of children counted under section 1124(c) of the 
Elementary and Secondary Education Act of 1965 
(‘‘ESEA’’). 
(c) USES OF FUNDS.—Grant funds awarded under 
subsection (a)(1) may be used to— 
(1) provide emergency support through grants to 
local educational agencies that the State educational 
agency deems have been most significantly impacted 
by coronavirus to support the ability of such local 
educational agencies to continue to provide edu-
cational services to their students and to support the 
on-going functionality of the local educational agency; 
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(2) provide emergency support through grants to 
institutions of higher education serving students with-
in the State that the Governor determines have been 
most significantly impacted by coronavirus to sup-
port the ability of such institutions to continue to 
provide educational services and support the on-going 
functionality of the institution; and 
(3) provide support to any other institution of 
higher education, local educational agency, or edu-
cation related entity within the State that the Gov-
ernor deems essential for carrying out emergency edu-
cational services to students for authorized activities 
described in section 313(d)(1) of this title or the 
HEA; the provision of child care and early childhood 
education, social and emotional support; and the pro-
tection of education-related jobs. 
(d) 
EMERGENCY
ASSISTANCE
TO
NON-PUBLIC 
SCHOOLS.— 
(1) PROGRAM AUTHORIZED.— 
(A) IN
GENERAL.—With funds reserved 
under subsection (a)(2), the Secretary shall allot 
the amount described in subparagraph (B) to the 
Governor of each State with an approved appli-
cation under paragraph (2) in order to provide 
services or assistance to non-public schools under 
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this subsection. The Governor shall designate the 
State educational agency to administer the pro-
gram authorized under this subsection. 
(B) AMOUNT
OF
ALLOTMENT.—An allot-
ment for a State under subparagraph (A) shall 
be in the amount that bears the same relation-
ship to the total amount of the funds reserved 
under subsection (a)(2) as the number of chil-
dren aged 5 through 17 at or below 185 percent 
of poverty who are enrolled in non-public schools 
in the State (as determined by the Secretary on 
the basis of the best available data) bears to the 
total number of all such children in all States. 
(2) APPLICATIONS FROM STATES.— 
(A) APPLICATION REQUEST AND REVIEW.— 
The Secretary shall— 
(i) issue a notice inviting applications 
for funds reserved under subsection (a)(2) 
not later than 30 days after the date of en-
actment of this Act; and 
(ii) approve or deny an application 
not later than 15 days after the receipt of 
the application. 
(B) ASSURANCE.—The Governor of each 
State, in consultation with their respective State 
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educational agency, shall include in the applica-
tion submitted under this paragraph an assur-
ance that the State educational agency will— 
(i) distribute information about the 
program to non-public schools and make the 
information and the application easily 
available; 
(ii) process all applications submitted 
promptly, in accordance with subparagraph 
(3)(A)(ii); 
(iii) in providing services or assistance 
to non-public schools, ensure that services or 
assistance is provided to any non-public 
school that— 
(I) is a non-public school de-
scribed in paragraph (3)(C); 
(II) submits an application that 
meets the requirements of paragraph 
(3)(B); and 
(III) requests services or assist-
ance allowable under paragraph (4); 
(iv) to the extent practicable, obligate 
all funds provided under subsection (a)(2) 
for services or assistance to non-public 
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schools in the State in an expedited and 
timely manner; and 
(v) obligate funds to provide services or 
assistance to non-public schools in the State 
not later than 6 months after receiving such 
funds under subsection (a)(2). 
(3) APPLICATIONS
FOR
SERVICES
OR
ASSIST-
ANCE.— 
(A) APPLICATION REQUEST AND REVIEW.— 
A State educational agency receiving funds from 
the Governor under this subsection shall— 
(i) make the application for services or 
assistance described in subparagraph (B) 
available to non-public schools by not later 
than 30 days after the receipt of such funds; 
and 
(ii) approve or deny an application 
not later than 30 days after the receipt of 
the application. 
(B) APPLICATION
REQUIREMENTS.—Each 
non-public school desiring services or assistance 
under this subsection shall submit an applica-
tion to the State educational agency at such 
time, in such manner, and accompanied by such 
information as the State educational agency 
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may reasonably require to ensure expedited and 
timely provision of services or assistance to the 
non-public school, which shall include— 
(i) the number and percentage of stu-
dents from low-income families enrolled by 
such non-public school in the 2019–2020 
school year; 
(ii) a description of the emergency 
services authorized under paragraph (4) 
that such non-public school requests to be 
provided by the State educational agency; 
and 
(iii) whether the non-public school re-
questing services or assistance under this 
subsection received a loan guaranteed under 
paragraph (36) of section 7(a) of the Small 
Business Act (15 U.S.C. 636(a)) that was 
made before the date of enactment of this 
Act and the amount of any such loan re-
ceived. 
(C) 
TARGETING.—A 
State 
educational 
agency receiving funds under this subsection 
shall prioritize services or assistance to non-pub-
lic schools that enroll low-income students and 
are most impacted by the qualifying emergency. 
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(4) TYPES
OF
SERVICES
OR
ASSISTANCE.—A 
non-public school receiving services or assistance 
under this subsection shall use such services or assist-
ance to address educational disruptions resulting 
from the qualifying emergency for— 
(A) supplies to sanitize, disinfect, and clean 
school facilities; 
(B) personal protective equipment; 
(C) improving ventilation systems, includ-
ing windows or portable air purification systems 
to ensure healthy air in the non-public school; 
(D) training and professional development 
for staff on sanitation, the use of personal protec-
tive equipment, and minimizing the spread of 
infectious diseases; 
(E) physical barriers to facilitate social 
distancing; 
(F) other materials, supplies, or equipment 
to implement public health protocols, including 
guidelines and recommendations from the Cen-
ters for Disease Control and Prevention for the 
reopening and operation of school facilities to ef-
fectively maintain the health and safety of stu-
dents, educators, and other staff during the 
qualifying emergency; 
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(G) expanding capacity to administer 
coronavirus testing to effectively monitor and 
suppress coronavirus, to conduct surveillance 
and contact tracing activities, and to support 
other activities related to coronavirus testing for 
students, teachers, and staff at the non-public 
school; 
(H) educational technology (including hard-
ware, software, connectivity, assistive technology, 
and adaptive equipment) to assist students, edu-
cators, and other staff with remote or hybrid 
learning; 
(I) redeveloping instructional plans, includ-
ing curriculum development, for remote learning, 
hybrid learning, or to address learning loss; 
(J) leasing of sites or spaces to ensure safe 
social distancing to implement public health pro-
tocols, including guidelines and recommenda-
tions from the Centers for Disease Control and 
Prevention; 
(K) reasonable transportation costs; 
(L) initiating and maintaining education 
and support services or assistance for remote 
learning, hybrid learning, or to address learning 
loss; or 
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(M) reimbursement for the expenses of any 
services or assistance described in this paragraph 
(except for subparagraphs (C) (except that port-
able air purification systems shall be an allow-
able reimbursable expense), (D), (I), and (L)) 
that the non-public school incurred on or after 
the date of the qualifying emergency, except that 
any non-public school that has received a loan 
guaranteed under paragraph (36) of section 7(a) 
of the Small Business Act (15 U.S.C. 636(a)) as 
of the day prior to the date of enactment of this 
Act shall not be eligible for reimbursements de-
scribed in this paragraph for any expenses reim-
bursed through such loan. 
(5) 
ADMINISTRATION.—A 
State 
educational 
agency receiving funds under this subsection may re-
serve not more than the greater of $200,000 or one- 
half of 1 percent of such funds to administer the serv-
ices and assistance provided under this subsection to 
non-public schools. 
(6) 
REALLOCATION.—Notwithstanding 
para-
graph (1)(A), each State educational agency receiving 
funds under this subsection that complies with para-
graph (2) but has unobligated funds remaining 6 
months after receiving funds under this subsection 
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shall return such remaining unobligated funds to the 
Governor, to use for any use authorized under sub-
section (c). 
(7) PUBLIC CONTROL OF FUNDS.— 
(A) IN GENERAL.—The control of funds for 
the services or assistance provided to a non-pub-
lic school under this subsection, and title to ma-
terials, equipment, and property purchased with 
such funds, shall be in a public agency, and a 
public agency shall administer such funds, serv-
ices, assistance, materials, equipment, and prop-
erty. 
(B) PROVISION
OF
SERVICES
OR
ASSIST-
ANCE.— 
(i) PROVIDER.—The provision of serv-
ices or assistance to a non-public school 
under this subsection shall be provided— 
(I) by employees of a public agen-
cy; or 
(II) through contract by such pub-
lic agency with an individual, associa-
tion, agency, or organization. 
(ii) REQUIREMENT.—In the provision 
of services or assistance described in clause 
(i), such employee, individual, association, 
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1798 
agency, or organization shall be inde-
pendent of the non-public school receiving 
such services or assistance, and such em-
ployment and contracts shall be under the 
control and supervision of such public agen-
cy described in subparagraph (A). 
(8) SECULAR, 
NEUTRAL, 
AND
NON-IDEOLOG-
ICAL.—All services or assistance provided under this 
subsection, including providing equipment, materials, 
and any other items, shall be secular, neutral, and 
non-ideological. 
(9) INTERACTION WITH PAYCHECK PROTECTION 
PROGRAM.—(A) IN GENERAL.—In order to be eligible 
to receive services or assistance under this subsection, 
a non-public school shall submit to the State an as-
surance, including any documentation required by the 
Secretary, that such non-public school did not, and 
will not, apply for and receive a loan under para-
graphs (36) or (37) of section 7(a) of the Small Busi-
ness Act (15 U.S.C. 636(a)(37)) that is made on or 
after the date of enactment of this Act. 
(B) ALLOWANCE.—A non-public school that 
received a loan guaranteed under paragraph 
(36) of section 7(a) of the Small Business Act 
(15 U.S.C. 636(a)) that was made before the date 
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of enactment of this Act shall be eligible to re-
ceive services or assistance under this subsection. 
(e) RESTRICTIONS.— 
(1) Funds provided under this section shall not 
be used— 
(A) to provide direct or indirect financial 
assistance to scholarship granting organizations 
or related entities for elementary or secondary 
education; or 
(B) to provide or support vouchers, tuition 
tax credit programs, education savings accounts, 
scholarships, scholarship programs, or tuition-as-
sistance programs for elementary or secondary 
education. 
(2) EXCEPTION.—Notwithstanding paragraph 
(1), a State may use funds provided under subsection 
(a)(1) to provide assistance prohibited under para-
graph (1) only to students who receive or received 
such assistance with funds provided under section 
18002(a) of division B of the CARES Act (20 U.S.C. 
3401 note), for the 2020–2021 school year and only 
for the same assistance provided such students under 
such section. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be interpreted to apply any addi-
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