H. R. 133—710 
competition is undersubscribed and there are other program com-
petitions under this heading that are oversubscribed: Provided fur-
ther, That up to $2,000,000 of the amounts made available under 
this heading may be transferred to the heading ‘‘Policy Development 
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 pro-
gram-specific information technology systems, for the continuing 
operation and maintenance of both Department-wide and program- 
specific information systems, and for program-related maintenance 
activities, $300,000,000, of which $260,000,000 shall remain avail-
able until September 30, 2022, and of which $40,000,000 shall 
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 trans-
ferred to this Fund from amounts appropriated 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 fur-
ther, 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 performance 
plan to the House and Senate Committees on Appropriations for 
approval. 
OFFICE OF INSPECTOR GENERAL 
For necessary salaries and expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, as 
amended, $135,514,000: Provided, That the Inspector 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 independent external auditor(s) to audit the financial state-
ments of the Department of Housing and Urban Development, 
including the consolidated financial statement and the financial 
statements of the Federal Housing Administration and the Govern-
ment 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 authority, 
or in lieu thereof 50 percent of the cash amounts associated with 
such budget authority, that are recaptured from projects described
H. R. 133—711 
in section 1012(a) of the Stewart B. McKinney Homeless Assistance 
Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded 
or in the case of cash, shall be remitted to the Treasury, and 
such amounts of budget authority or cash recaptured and not 
rescinded or remitted to the Treasury shall be used by State housing 
finance agencies or local governments or local housing agencies 
with projects approved by the Secretary of Housing and Urban 
Development for which settlement occurred after January 1, 1992, 
in accordance with such section. Notwithstanding the previous sen-
tence, the Secretary may award up to 15 percent of the budget 
authority or cash recaptured and not rescinded or remitted to 
the Treasury to provide project owners with incentives to refinance 
their project at a lower interest rate. 
SEC. 202. None of the funds made available by this Act may 
be used during fiscal year 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 preventing action by a Government official or entity, 
or a court of competent jurisdiction. 
SEC. 203. Except as explicitly provided in law, any grant, 
cooperative agreement or other assistance made pursuant to title 
II of this Act shall be made on a competitive basis and in accordance 
with section 102 of the Department of Housing and Urban Develop-
ment 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 administrative expenses, for legal serv-
ices on a contract or fee basis, and for utilizing and making payment 
for services and facilities of the Federal National Mortgage Associa-
tion, Government National Mortgage Association, Federal Home 
Loan Mortgage Corporation, Federal Financing Bank, Federal 
Reserve banks or any member thereof, Federal Home Loan banks, 
and any insured bank within the meaning of the Federal Deposit 
Insurance Corporation Act, as amended (12 U.S.C. 1811–1). 
SEC. 205. Unless otherwise provided for in this Act or through 
a reprogramming of funds, no part of any appropriation for the 
Department of Housing and Urban Development shall be available 
for any program, project or activity in excess of amounts set forth 
in the budget estimates submitted to Congress. 
SEC. 206. Corporations and agencies of the Department of 
Housing and Urban Development which are subject to the Govern-
ment Corporation Control Act are hereby authorized to make such 
expenditures, within the limits of funds and borrowing authority 
available to each such corporation or agency and in accordance 
with law, and to make such contracts and commitments without 
regard to fiscal year limitations as provided by section 104 of 
such Act as may be necessary in carrying out the programs set 
forth in the budget for 2021 for such corporation or agency except 
as hereinafter provided: Provided, That collections of these corpora-
tions and agencies may be used for new loan or mortgage purchase 
commitments only to the extent expressly provided for in this 
Act (unless such loans are in 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
H. R. 133—712 
operations of these corporations, or where loans or mortgage pur-
chases are necessary to protect the financial interest of the United 
States Government. 
SEC. 207. The Secretary shall provide quarterly reports to the 
House and Senate Committees on Appropriations regarding all 
uncommitted, unobligated, recaptured and excess funds in each 
program and activity within the jurisdiction of the Department 
and shall submit additional, updated budget information to these 
Committees upon request. 
SEC. 208. None of the funds made available by this title may 
be used for an audit of the Government National Mortgage Associa-
tion 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, sub-
ject 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 Secretary and statutorily required 
low-income and very low-income use restrictions if any, associated 
with one or more multifamily housing project or projects to another 
multifamily housing project or projects. 
(b) PHASED TRANSFERS.—Transfers of project-based assistance 
under this section may be done in phases to accommodate the 
financing and other requirements related to rehabilitating or con-
structing the project or projects to which the assistance is trans-
ferred, 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., bedroom size) provided by the transfer-
ring project shall be no less than when transferred to 
the receiving project or projects and the net dollar amount 
of Federal assistance provided to the transferring project 
shall remain the same in the receiving project or projects. 
(B) For unoccupied units in the transferring project: 
The Secretary may authorize a reduction in the number 
of dwelling units in the receiving project or projects to 
allow for a reconfiguration of bedroom sizes to meet current 
market demands, as determined by the Secretary and pro-
vided there is no increase in the project-based assistance 
budget authority. 
(2) The transferring project shall, as determined by the 
Secretary, be either physically obsolete or economically non-
viable, or be reasonably expected to become economically non-
viable when complying with state or Federal requirements for 
community integration and reduced concentration of individuals 
with disabilities. 
(3) The receiving project or projects shall meet or exceed 
applicable physical standards established by the Secretary. 
(4) The owner or mortgagor of the transferring project 
shall notify and consult with the tenants residing in the 
transferring project and provide a certification of approval by 
all appropriate local governmental officials.
H. R. 133—713 
(5) The tenants of the transferring project who remain 
eligible for assistance to be provided by the receiving project 
or projects shall not be required to vacate their units in the 
transferring project or projects until new units in the receiving 
project are available for occupancy. 
(6) The Secretary determines that this transfer is in the 
best interest of the tenants. 
(7) If either the transferring project or the receiving project 
or projects meets the condition specified 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-insured 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 requirements 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 agreement or a new use agreement for 
the project where, in either case, any use restrictions in such 
agreement are of no lesser duration than the existing use 
restrictions. 
(9) The transfer does not increase the cost (as defined 
in section 502 of the Congressional Budget Act of 1974(2 U.S.C. 
661a)) of any FHA-insured mortgage, except to the extent that 
appropriations are provided in advance for the amount of any 
such increased cost. 
(d) For purposes of this section— 
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ 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 conditions— 
(A) housing that is subject to a mortgage insured under 
the National Housing Act; 
(B) housing that has project-based assistance attached 
to the structure including projects undergoing mark to 
market debt restructuring under the Multifamily Assisted 
Housing Reform and Affordability Housing Act; 
(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 enactment of the Cranston-Gonzales 
National Affordable Housing Act; 
(E) housing that is assisted under section 811 of the 
Cranston-Gonzales National Affordable 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