★ 36–578 

116TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 116–106 

DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND 

URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS BILL, 2020 

JUNE 6, 2019.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. PRICE of North Carolina, from the Committee on 

Appropriations, submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 3163] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for the 

Departments of Transportation, Housing and Urban Development, 

and related agencies for the fiscal year ending September 30, 2020. 

INDEX TO BILL AND REPORT 

Page number 

Bill Report 

Title I—Department of Transportation .................................................... 2 6 

Title II—Department of Housing and Urban Development ................... 104 80 

Title III—Related Agencies ....................................................................... 200 118 

Title IV—General Provisions .................................................................... 204 122 

Minority Views ........................................................................................... ........ 193 

PROGRAM, PROJECT, AND ACTIVITY 

During fiscal year 2020, for the purposes of the Balanced Budget 

and Emergency Deficit Control Act of 1985 (Public Law 99–177), as 

amended, with respect to appropriations contained in the accompanying bill, the terms ‘‘program, project, and activity’’ (PPA) shall 

mean any item for which a dollar amount is contained in appropriations acts (including joint resolutions providing continuing apVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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propriations) and accompanying reports of the House and Senate 

Committees on Appropriations, or accompanying conference reports 

and joint explanatory statements of the committee of conference. 

This definition shall apply to all programs for which new budget 

(obligational) authority is provided, as well as to discretionary 

grants and discretionary grant allocations made through either bill 

or report language. 

The Committee directs the Departments and agencies funded by 

this bill to address each number listed in the reports in their respective operating plans and warns that efforts to operate programs at levels contrary to the levels recommended and directed in 

these reports would not be advised. 

OPERATING PLANS AND REPROGRAMMING GUIDELINES 

The Committee includes a provision (Sec. 405) establishing the 

authority by which funding available to the agencies funded by this 

Act may be reprogrammed for other purposes. The provision specifically requires the advance approval of the House and Senate 

Committees on Appropriations of any proposal to reprogram funds 

that: • creates a new program; • eliminates a program, project, or activity (PPA); • increases funds or personnel for any PPA for which funds 

have been denied or restricted by the Congress; • redirects funds that were directed in such reports for a 

specific activity to a different purpose; • augments an existing PPA in excess of $5,000,000 or 10 

percent, whichever is less; • reduces an existing PPA by $5,000,000 or 10 percent, 

whichever is less; or • creates, reorganizes, or restructures offices different from 

the congressional budget justifications or the table at the end 

of the Committee report, whichever is more detailed. 

The Committee retains the requirement that each agency submit 

an operating plan to the House and Senate Committees on Appropriations not later than 60 days after enactment of this Act to establish the baseline for application of reprogramming and transfer 

authorities provided in this Act. Specifically, each agency must provide a table for each appropriation with columns displaying the 

budget request; adjustments made by Congress; adjustments for rescissions, if appropriate; and the fiscal year enacted level. The table 

shall delineate the appropriation both by object class and by PPA. 

The report also must identify items of special Congressional interest. In certain instances, the Committee may direct the agency to 

submit a revised operating plan for approval or may direct changes 

to the operating plan if the plan is not consistent with the directives of the conference report and statement of the managers. 

The Committee expects the agencies and bureaus to submit reprogramming requests in a timely manner and to provide a thorough explanation of the proposed reallocations, including a detailed 

justification of increases and reductions and the specific impact of 

proposed changes on the budget request for the following fiscal 

year. Any reprogramming request shall include any out-year budgetary impacts and a separate accounting of program or mission impacts on estimated carryover funds. Reprogramming procedures 

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shall apply to funds provided in this Act, unobligated balances from 

previous appropriations Acts that are available for obligation or expenditure in fiscal year 2020, and non-appropriated resources such 

as fee collections that are used to meet program requirements in 

fiscal year 2020. 

The Committee expects each agency to manage its programs and 

activities within the amounts appropriated by Congress. The Committee reminds agencies that reprogramming requests should be 

submitted only in the case of an unforeseeable emergency or a situation that could not have been anticipated when formulating the 

budget request for the current fiscal year. Except in emergency situations, reprogramming requests should be submitted no later 

than June 30, 2020. Further, the Committee notes that when a Department or agency submits a reprogramming or transfer request 

to the Committees on Appropriations and does not receive identical 

responses from the House and Senate, it is the responsibility of the 

Department to reconcile the House and Senate differences before 

proceeding and, if reconciliation is not possible, to consider the request to reprogram funds unapproved. 

The Committee would also like to clarify that this section applies 

to working capital funds of both the Department of Transportation 

(DOT) and Department of Housing and Urban Development (HUD) 

and that no funds may be obligated from working capital fund accounts to augment programs, projects, or activities for which appropriations have been specifically rejected by the Congress, or to increase funds or personnel for any PPA above the amounts appropriated by this Act. 

CONGRESSIONAL BUDGET JUSTIFICATIONS 

Budget justifications are the primary tool used by the House and 

Senate Committees on Appropriations to evaluate the resource requirements and fiscal needs of agencies. The Committee is aware 

that the format and presentation of budget materials is largely left 

to the agency within presentation objectives set forth by the Office 

of Management and Budget (OMB). In fact, OMB Circular A–11, 

part 1 specifically instructs agencies to consult with congressional 

committees beforehand. The Committee expects that all agencies 

funded under this Act will heed this directive. 

The Committee expects all of the budget justifications to provide 

the data needed to make appropriate and meaningful funding decisions. The Committee continues the direction that justifications 

submitted with the fiscal year 2021 budget request by agencies 

funded under this Act contain the customary level of detailed data 

and explanatory statements to support the appropriations requests 

at the level of detail contained in the funding table included at the 

end of this report. Among other items, agencies shall provide a detailed discussion of proposed new initiatives, proposed changes in 

the agency’s financial plan from prior year enactment, detailed 

data on all programs, and comprehensive information on any office 

or agency restructurings. At a minimum, each agency must also 

provide adequate justification for funding and staffing changes for 

each individual office and materials that compare programs, 

projects, and activities that are proposed for fiscal year 2021 to the 

fiscal year 2020 enacted levels. 

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The Committee is aware that the analytical materials required 

for review by the Committee are unique to each agency in this Act. 

Therefore, the Committee expects that each agency will coordinate 

with the House and Senate Committees on Appropriations in advance on its planned presentation for its budget justification materials in support of the fiscal year 2021 budget request. 

OTHER MATTERS 

The Committee directs each of the Departments and agencies 

funded by this Act to identify opportunities to prioritize resilience, 

equity, regional efforts, and robust stakeholder engagement. 

Resiliency.—The Committee believes that every new construction 

or major rehabilitation project funded by this Act should be constructed to the most current relevant standards and that these 

projects should address the risk of structure failure or loss of use 

from natural hazards throughout the lifetime of the project. As a 

measure of responsible fiscal prudence, resilient construction and 

land management practices should be integrated into every program funded by this Act. 

Performance measures.—The Committee directs each of the Departments and agencies funded by this Act to comply with title 31 

of the United States Code including the development of their organizational priority goals and outcomes such as performance outcome measures, output measures, efficiency measures, and customer service measures. 

Customer service.—The Committee continues to support efforts to 

improve customer service in accordance with Executive Order 

13571. The Committee directs all Departments and agencies funded by this Act to develop standards to improve customer service 

and incorporate the standards into the performance plans required 

under title 31 of the United States Code. Further, the Committee 

recognizes not all Departments and agencies are subject to Executive Order 13571. For such Departments and agencies funded by 

this Act, the Committee directs the Departments and agencies to 

make continuous improvements and adopt best practices for improving customer service. 

Regional councils of government.—The Committee recommends 

that all Departments and agencies funded by this Act list regional 

councils and councils of governments as eligible entities in competitions for Federal funding whenever local governments or non-profit 

agencies are eligible entities. Furthermore, it is the desire of the 

Committee that all Departments and agencies actively seek opportunities for regional councils and councils of governments to serve 

as lead applicants and grantees in order to encourage and expand 

greater regional collaboration. In the competitive grants process, all 

Departments and agencies should work with entities having previous experience with administering Federal funding that resulted 

in successful, comprehensive, well-coordinated outcomes. Further, 

all Departments and agencies should encourage regional systems 

planning and coordination to ensure more efficient and expeditious 

development of systems needed to sustain regional growth, economic prosperity, and global competitiveness. 

Native plant preference.—In undertaking a land management activity on lands under the jurisdiction of any of the Departments or 

agencies funded by this Act, including maintenance and restoration 

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in response to degradation caused by human activity or natural 

events (such as fire, flood, or infestation), the Committee directs 

that it be the policy of the aforementioned agencies that preference 

shall be made, to the extent practicable, for the use of locally 

adapted native plant materials. 

Contracting.—As the largest advertiser in the United States, the 

Federal government should work to ensure fair access to its advertising contracts for small, disadvantaged businesses and businesses 

owned by minorities and women. The Committee directs each Department and agency funded by this Act to include the following 

information in its fiscal year 2021 budget justification: expenditures for fiscal year 2019 and expected expenditures for fiscal year 

2021, respectively, for (1) all contracts for advertising services; and 

(2) contracts for the advertising services of all Small Business Administration-recognized socioeconomic subcategory-certified small 

businesses, as defined in the Small Business Act, and minorityowned businesses. 

First aid kit enhancements.—The Committee is aware that first 

aid products endorsed by the Department of Defense’s Committee 

on Tactical Combat Casualty Care (CoTCCC) help reduce death or 

trauma as a result of bleeding. To improve outcomes in crisis situations, the Committee encourages the Departments and agencies 

funded by this Act to incorporate CoTCCC supported dressings in 

first aid kits. 

Targeted investments in impoverished areas.—The Committee 

supports targeted investments in impoverished areas, particularly 

in persistent poverty counties and in other high-poverty census 

tracts. To understand how programs funded through the Departments and agencies funded by this Act are serving these particular 

areas, the Committee directs the Departments and agencies to submit a report to the House and Senate Committees on Appropriations on the percentage of funds allocated by each program in fiscal 

years 2017, 2018, and 2019 and estimates for fiscal year 2020 to 

serve populations living in persistent poverty counties, as defined 

as a county that has had 20 percent or more of its population living 

in poverty over the past 30 years, as measured by the 1990 and 

2000 decennial censuses and the most recent Small Area Income 

and Poverty estimates, and high-poverty areas, as defined as any 

census tract with a poverty rate of at least 20 percent as measured 

by the 2013–2017 five-year data series available from the American 

Community Survey of the Census Bureau. The Departments and 

agencies shall report this information to the Committees within 90 

days of such data being available and provide a briefing to the 

Committees no later than 180 days of enactment of this Act on how 

the Departments and agencies are carrying out this directive. 

Fair access to science and technology research.—The Committee 

applauds the progress made by the White House Office of Science 

and Technology Policy (OSTP) on the Department and agency public access plans required by the February 22, 2013 Memorandum 

on Increasing Access to the Results of Federally Funded Scientific 

Research. The Committee understands that 22 Departments and 

agencies with annual expenditures on research and development of 

$100,000,000 or more have completed their public access plans for 

increasing access to peer reviewed scholarly publications and digital data resulting from Federally funded research. The Committee 

6 

encourages OSTP to continue its efforts to coordinate the implementation of public access policies across all Departments and 

agencies funded by this Act and to identify additional opportunities 

to enhance access to the results of Federally funded research. The 

Committee urges OSTP to report on an annual basis on the 

progress of all Departments and agencies funded by this Act in implementing their public access plans, including relevant measures 

of progress, and on additional steps being taken to improve access 

to the results of Federally funded research. 

MEGABYTE Act.—The Government Accountability Office (GAO) 

has repeatedly identified software acquisition and licensing as 

high-risk due to significant vulnerabilities to fraud, waste, abuse, 

and mismanagement. The Committee notes that HUD received a 

failing grade on the most recent Oversight and Government Reform 

Committee’s Biannual FITARA Scorecard for software licensing, 

while DOT has made significant improvements. The Committee directs the Departments and agencies funded by this Act to prioritize 

the management of software licenses, including inventory and analysis of usage, as required by the MEGABYTE Act (P.L. 114–210). 

Tribal consultation.—The GAO recently completed a review of 

Federal agencies’ processes for consulting with Indian tribes and 

Alaska Native corporations on infrastructure projects and related 

activities, such as permitting, which may impact tribal natural and 

cultural resources. The Committee supports strong tribal consultation, and directs the Departments funded by this Act to prioritize 

implementing the GAO recommendations. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ......................................................... $113,910,000 

Budget request, fiscal year 2020 ....................................................... 117,993,000 

Recommended in the bill ................................................................... 113,910,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... ¥4,083,000 

Immediate Office of the Secretary.—The immediate Office of the 

Secretary has primary responsibility to provide overall planning, 

direction, and control of departmental affairs. 

Immediate Office of the Deputy Secretary.—The Office of the Deputy Secretary has primary responsibility to assist the Secretary in 

the overall planning, direction, and control of departmental affairs. 

The Deputy Secretary serves as the chief operating officer of the 

Department of Transportation. 

Office of the General Counsel.—The Office of the General Counsel 

provides legal services to the Office of the Secretary and coordinates and reviews the legal work of the chief counsels’ offices of the 

operating administrations. 

Office of the Under Secretary of Transportation for Policy.—The 

Office of the Under Secretary of Transportation for Policy serves as 

the Department’s chief policy officer, and is responsible for the coordination and development of departmental policy and legislative 

initiatives; international standards development and harmonization; aviation and other transportation-related trade negotiaVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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tions; the performance of policy and economic analysis; and the 

execution of the Essential Air Service program. 

Office of the Assistant Secretary for Budget and Programs.—The 

Assistant Secretary for Budget and Programs is responsible for developing, reviewing, and presenting budget resource requirements 

for the Department to the Secretary, Congress, and Office of Management and Budget. 

Office of the Assistant Secretary for Governmental Affairs.—The 

Office of the Assistant Secretary for Governmental Affairs is responsible for coordinating all Congressional, intergovernmental, 

and consumer activities of the Department. 

Office of the Assistant Secretary for Administration.—The Office 

of the Assistant Secretary for Administration serves as the principal advisor to the Secretary on department-wide administrative 

matters and the responsibilities include leadership in acquisition 

reform and human capital. 

Office of Public Affairs.—The Office of Public Affairs is responsible for the Department’s press releases, articles, briefing materials, publications, and audio-visual materials. 

Executive Secretariat.—The Executive Secretariat assists the Secretary and Deputy Secretary in carrying out their responsibilities 

by controlling and coordinating internal and external documents. 

Office of Intelligence, Security, and Emergency Response.—The 

Office of Intelligence, Security, and Emergency Response is responsible for intelligence, security policy, preparedness, training and exercises, national security, and operations. 

Office of the Chief Information Officer.—The Office of the Chief 

Information Officer serves as the principal advisor to the Secretary 

on information resources and information systems management. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $113,910,000 for the 

salaries and expenses of the offices comprising the Office of the 

Secretary of Transportation. The Committee’s recommendation includes individual funding for each office as has been done in prior 

years. 

Operating plan.—The Committee directs the Department to submit an operating plan for fiscal year 2020 signed by the Secretary 

for review by the House and Senate Committees on Appropriations 

within 60 days of the enactment of this Act. The operating plan 

should include funding levels for the various offices, programs, and 

initiatives detailed down to the object class or program element 

covered in the budget justification and supporting documents, documents referenced in the House and Senate reports, and the statement of the managers (i.e. not simply the activities called out in 

bill language). Should the Department create, alter, discontinue, or 

otherwise change any program as described in the Department’s 

budget justification, those changes must be a part of the Department’s operating plan. Finally, the Department shall submit with 

the operating plan a summary of the DOT reporting requirements 

contained in this Act, the House and Senate reports, and the statement of the managers. The summary should include Inspector General and Government Accountability Office reports as well. 

Green infrastructure for rail transportation hubs.—The Committee encourages the Secretary to allow slow green infrastructure 

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on or near rail transportation hubs to be eligible for Federal funding administered by the Department. This includes, but is not limited to, activities that would increase green space surrounding the 

structure such as urban trees, vegetation, and enhanced 

streetscapes. These elements not only provide opportunities to mitigate transportation pollution, improve air quality, and control 

storm water runoff but in some cases could also provide or enhance 

the structure’s security elements and help conserve and reduce the 

structure’s energy use. 

Open skies.—The Committee continues to urge the Department 

to take steps to ensure that U.S. airline carriers and their workers 

have a fair and equal opportunity to compete in accordance with 

open skies agreements with foreign governments. The Committee 

notes that DOT worked with the State Department to reach recent 

memorandums of agreement with foreign governments to ensure 

transparency, accountability, and enforcement remain important 

tenets of open skies agreements. The Committee directs the Department to continue to proactively work with the State Department to take appropriate action with any foreign governments 

where government subsidies have resulted in market distortion. 

The Committee directs the Department to provide regular updates 

to the Committee on their activities related to the fair enforcement 

of open skies agreements. 

3D Elevation Program (3DEP).—3DEP is a national program 

managed by the U.S. Geological Survey to acquire high-resolution 

elevation data. The Committee understands the use of 3DEP data 

in infrastructure projects and construction management could increase safety and reduce costs, with applications such as spanning 

route, grade, line-of-sight, and utility surveys and corridor mapping; terrain and obstruction identification for aviation; evaluation 

of geologic, coastal, and other natural hazards; dam, levee, and 

coastal-structure failure modeling and mitigation; hydraulic and 

hydrologic modeling; drainage and cut-and-fill issues; and analysis 

of vegetation and topographic features. While the Committee recognizes the Department is an active participant in the 3DEP Executive Forum, the Committee encourages the Department to develop 

an efficient, systematic approach to acquiring foundational 3DEP 

data to support the work of all modal administrations. 

Transportation accessibility.—The Committee understands the 

Department and some States and metropolitan planning organizations have undertaken efforts to measure accessibility or 

multimodal connectivity, and that more work is needed in this 

area. Therefore, the Committee encourages the Secretary, in coordination with the Federal Highway Administration and Federal 

Transit Administration, to review and analyze policies which could 

be used by States, metropolitan planning organizations, transit 

agencies, and others to improve accessibility. This review should 

include the degree to which transportation systems provide 

multimodal connections to economic opportunities, healthcare services, child care services, education and workforce training services, 

particularly for disadvantaged populations, and other services. The 

Committee directs the Department to brief the House and Senate 

Committees on Appropriations within 120 days of enactment of this 

Act on the review and potential recommendations to achieve accessibility. 

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Advanced technologies.—The Committee believes the Department 

should work with stakeholders to analyze the best methods to improve infrastructure while implementing next generation, technologically advanced updates to modernize the nation’s infrastructure. The Committee encourages the Department to prioritize advanced technology while addressing infrastructure needs. 

Dig once.—The Committee recognizes that the Federal Highway 

Administration encourages States to work with service providers on 

joint highway and utility planning to help minimize the excavation 

of roadways. However, the Committee believes more work is needed to better coordinate transportation projects with the installation, 

upgrade, or repair of water, broadband, and other utility transmission lines. The Committee encourages the Department to provide additional support to recipients of Federal funding to facilitate 

communication with public and private utility providers when planning transportation projects. This should include providing lessons 

learned from projects which have implemented ‘‘dig once’’ measures. 

Smart cities.—The Committee recognizes the leadership and support the Department has provided through the Smart City Challenge Program, which has resulted in community-driven advanced 

technology transportation projects. The Committee encourages the 

Department to ensure the program reaches a successful conclusion, 

and to identify program elements and characteristics which could 

be applied to large urban areas and small or rural communities. 

Further, the Committee urges the Department to create incentives for urban and rural communities to use advanced data and 

intelligent transportation systems technologies to improve their 

transportation network through existing competitive grant programs. The Department should engage with local communities, 

metropolitan planning organizations, and regional transportation 

commissions on these innovative technological solutions and other 

‘‘smart cities’’ concepts. 

Infrastructure coordinator.—Mexico is the United States’ third 

largest trading partner. The Committee supports strengthening coordination between the Department and other relevant Federal 

agencies to improve freight infrastructure development at the 

southwest border, which is critical to maintaining this bilateral 

trade relationship. Therefore, the Committee directs the Department to work with the General Services Administration, the Department of Homeland Security, and other relevant agencies to designate a lead infrastructure coordinator to facilitate more efficient 

development of infrastructure projects and to coordinate with his or 

her counterpart in the Mexican government. The Committee directs 

the Department to submit a report to the House and Senate Committees on Appropriations within 60 days of the enactment of this 

Act on its efforts in this regard. 

National Special Security Events (NSSE).—The President or Secretary of Homeland Security may designate major Federal government or public events that are considered to be nationally significant as National Special Security Events. The Committee recognizes such events can pose transportation challenges for the regions that are hosting NSSEs and impact surrounding areas. While 

some NSSEs are designated with very little notice others are designated months or years in advance. The Committee believes 

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NSSEs represent unique opportunities to transform and revitalize 

local and regional transportation systems, such as public transit, 

highway, multimodal, and aviation infrastructure. Therefore, the 

Committee encourages the Department to work with local and 

State governments preparing to host an NSSE to assess the transportation improvements and needs associated with the event, and 

to provide technical assistance as appropriate. 

Value capture.—The Committee recognizes the use of value capture as a tool for economic development and as a non-Federal 

source of funding for transportation infrastructure, such as transit 

and passenger rail projects. The Committee encourages the Department to improve the dissemination of information and education of 

guidance on the use of value capture, and to provide technical assistance as appropriate. 

RESEARCH AND TECHNOLOGY

Appropriation, fiscal year 2019 ......................................................... $8,471,000 

Budget request, fiscal year 2020 ....................................................... 22,000,000 

Recommended in the bill ................................................................... 42,948,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +34,477,000 

Budget request, fiscal year 2020 ................................................... +20,948,000 

The Office of the Assistant Secretary for Research and Technology coordinates, facilitates, and reviews the Department’s research and development programs and activities; coordinates and 

develops positioning, navigation, and timing (PNT) technology; 

maintains PNT policy, coordination, and spectrum management; 

manages the Nationwide Differential Global Positioning System; 

and oversees and provides direction to the Bureau of Transportation Statistics, the Intelligent Transportation Systems Joint Program Office, the University Transportation Centers program, the 

Volpe National Transportation Systems Center, and the Transportation Safety Institute. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $42,948,000 for research and technology activities. The following table provides funding levels for activities within this account. 

Request Recommendation 

Transportation Resilience Metrics Study ......................................................................... – – – $1,000,000 

Highly Automated Systems Safety Center of Excellence ................................................. – – – 10,000,000 

University Transportation Centers ................................................................................... – – – 15,000,000 

Transportation resilience metrics study.—The Committee believes 

that new construction or major rehabilitation projects funded by 

the Department through formula and competitive grant programs 

should be constructed to the most current relevant standards and 

address the risk of structural failure or loss of use from natural 

hazards throughout the lifetime of the project. To achieve this, additional research is needed to establish approaches to measuring 

the resilience of transportation systems. Therefore, the Committee 

directs the Secretary to enter into an agreement with the National 

Academies of Sciences, Engineering, and Medicine to conduct a 

study through the Transportation Research Board on effective ways 

to measure the resilience of transportation systems and services to 

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natural disasters and hazards. For the purposes of this study, the 

Committee urges the Department to take an all-encompassing view 

of natural disasters and hazards, including but not limited to, extreme weather events, hurricanes, floods, wildfires, heat waves, 

high winds, and changes in the freeze-thaw patterns. 

Highly Automated Systems Safety Center of Excellence (COE).— 

Advanced technologies are rapidly transforming the national transportation system, and are already critical components in airplanes, 

trains, and motor vehicles. In recent years, multiple fatal accidents 

have underscored the importance of validating the safety of new 

technologies. As automated technologies become increasingly widespread, the Committee believes the safety of the traveling public 

jointly depends on technology developers, owners and operators, 

and appropriate Federal regulations and effective oversight. To ensure automated technologies are safe and work as intended, the 

Department must have a workforce that can review and analyze 

complex transportation-based systems. The Committee directs the 

Secretary to stand up the Highly Automated Systems Safety COE. 

The Highly Automated Systems Safety COE would serve as a dedicated workforce at the Department with the necessary skills and 

expertise in automation and human behavior, including but not 

limited to, computer science, machine learning, sensors, and other 

technologies to audit, inspect, and certify the safety of highly automated systems across all modes of transportation. 

University Transportation Centers (UTCs).—The Committee continues to support UTCs, which are authorized under section 5505 

of title 49, United States Code, and funded through the Federal 

Highway Administration. The Committee recommendation provides 

$15,000,000 to support competitive grants to fund new Tier I University Transportation Centers. This increase is in addition to 

amounts provided for fiscal year 2020 by the Fixing America’s Surface Transportation (FAST) Act (P.L. 114–94). 

Natural gas vehicle data.—The Committee encourages the Department to gather data from States relating to the use of natural 

gas in transportation. This should include data on the number of 

natural gas vehicles deployed on roads and the amount of compressed natural gas, liquefied natural gas, and renewable natural 

gas sold or distributed for use in transportation. 

NATIONAL INFRASTRUCTURE INVESTMENTS

Appropriation, fiscal year 2019 ......................................................... $900,000,000 

Budget request, fiscal year 2020 ....................................................... 1,000,000,000 

Recommended in the bill ................................................................... 1,000,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +100,000,000 

Budget request, fiscal year 2020 ................................................... – – – 

The National Infrastructure Investments program (also known as 

BUILD and formerly known as TIGER) was created in the American Recovery and Reinvestment Act (P.L. 111–5) to provide grants 

and credit assistance to State and local governments, tribal governments, transit agencies, port authorities, metropolitan planning organizations, or a combination of such entities to improve the Nation’s transportation infrastructure. Eligible projects include highways and bridges, public transportation, freight and passenger rail, 

port infrastructure, and bicycle and pedestrian improvements. The 

National Infrastructure Investments program awards funds on a 

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competitive basis to projects that will have a significant local or regional impact. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $1,000,000,000 for National Infrastructure Investments grants to support multimodal, 

multijurisdictional transportation projects that are more difficult to 

accomplish through traditional transportation programs. Key tenets of this program include its flexibility and the ability for any 

public entity to apply directly and not through a State department 

of transportation as is the case with many Federal transportation 

programs. BUILD also fosters collaboration and leverages non-Federal investments from private, State, and local sources. The Committee has consistently heard from communities large and small on 

the difference BUILD grants have made in improving safety, state 

of good repair, economic competitiveness, environmental sustainability, and quality of life. 

The Committee is concerned that the Department has moved 

away from the original intent of the program. In fiscal year 2017, 

78 percent of the awards were for road projects while the remaining 22 percent of awards were spread among transit, rail, and maritime projects. This preference continued in fiscal year 2018, with 

66 percent of awards for road projects. The Department’s 

prioritization of road projects came at the expense of transit-related 

projects, which on average received about 32 percent of awards between fiscal year 2009 and fiscal year 2016. This also contradicts 

the Committee’s direction to invest in a variety of transportation 

modes. The Committee strongly reminds the Department that highway and bridge projects have dedicated funding sources through 

Highway Trust Fund formula programs, and directs the Department to refocus fiscal year 2020 grants on multimodal projects 

which include transit, passenger rail, and pedestrian improvements. The Committee also notes that investments in projects can 

have benefits far beyond the project location. For example, projects 

in urban areas can provide benefits to rural areas. Therefore, the 

Committee directs the Secretary to consider the benefits of a 

project to the fullest extent possible and to include all relevant geographic areas. 

The Committee reiterates to the Department and potential applicants that BUILD grants support a broad variety of transportation 

projects including, but also not limited to, highway, bridge, or road 

projects; public transportation projects; passenger and freight rail 

projects; port infrastructure improvements; intermodal projects, including commercial, transit, and intermodal parking garages; bicycle and pedestrian projects; and multimodal infrastructure. The 

Committee also reiterates that applicants from all 50 States, the 

District of Columbia, and all U.S. territories are eligible to apply 

for BUILD grants, including communities whose transportation infrastructure supports the readiness of Department of Defense installations. 

Notice of Funding Opportunity (NOFO).—The Committee is disappointed that the Department’s fiscal year 2019 NOFO incorporates new criteria which the Department will use to evaluate and 

award grants. This contradicts the Committee’s direction to consider and award projects based solely on the selection criteria from 

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the fiscal year 2017 NOFO. The Committee again directs the Department to use the selection criteria from the fiscal year 2017 

NOFO for fiscal year 2020. 

Planning grants.—The Committee also notes with disappointment that the Department did not award a single planning grant 

in fiscal year 2018. The Committee recognizes that planning support can be critical for communities seeking to invest in transit, 

transit-oriented development, and multimodal projects but often 

lack the resources or expertise to adequately plan for such investments. The Committee provided planning grant funding in fiscal 

years 2010, 2014, 2018, and 2019. Planning grants awarded in fiscal years 2010 and 2014 have spurred project development and, in 

turn, construction. The Committee recommendation requires the 

Department to award $35,000,000 in grants for planning, preparation, or design of projects. Of this amount, $15,000,000 is provided 

for any eligible project and applicant with an emphasis on transit, 

transit-oriented development, and multimodal projects, and 

$20,000,000 is provided for any eligible project for applicants located in counties and census tracts experiencing persistent poverty. 

NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE

BUREAU

Appropriation, fiscal year 2019 ......................................................... $5,000,000 

Budget request, fiscal year 2020 ....................................................... 4,000,000 

Recommended in the bill ................................................................... 5,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +1,000,000 

Authorized under section 9001 of the FAST Act, the National 

Surface Transportation and Innovative Finance Bureau administers and coordinates the Department of Transportation’s existing 

transportation finance programs. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $5,000,000 for the National Surface Transportation and Innovative Finance Bureau (Bureau). The Committee rejects the proposal in the budget request to 

transfer the Maritime Guaranteed Loan (Title XI) program from 

the Maritime Administration to the Bureau. The Committee recommendation requires the Department to consider Transportation 

Infrastructure Finance and Investment Act (TIFIA) loans to be part 

of the non-Federal share of the project costs if the loans are repaid 

by non-Federal funds. 

Transit-oriented development (TOD).—In the FAST Act, Congress 

authorized TOD projects as an eligible use for credit assistance 

under TIFIA and the Railroad Rehabilitation and Improvement Financing (RRIF) programs. The Committee is concerned that despite 

interest from project sponsors to use TIFIA or RRIF to support 

TOD projects, to date the Bureau has not received a formal application under either program. The Committee directs the Department 

to submit a report to the House and Senate Committees on Appropriations within 90 days of enactment of this Act summarizing the 

inquiries DOT has received on potential TOD projects, including 

the type of applicant, potential project, whether the potential 

project was seeking assistance through TIFIA or RRIF, if the poVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00013 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
14 

tential project was deemed eligible, and the rationale for determining that the potential project was ineligible. Further, the report 

should identify current statutory, regulatory, or administrative requirements that may be hindering the financing of TOD projects 

under TIFIA and RRIF, and any actions the Department has taken 

to modify requirements or guidelines to facilitate financing TOD 

projects. 

FINANCIAL MANAGEMENT CAPITAL

Appropriation, fiscal year 2019 ......................................................... $2,000,000 

Budget request, fiscal year 2020 ....................................................... 2,000,000 

Recommended in the bill ................................................................... 2,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

The Financial Management Capital program supports a 

multiyear project to upgrade DOT financial systems, processes, and 

reporting capabilities. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $2,000,000 for the Financial Management Capital program. 

Digital Accountability and Transparency (DATA) Act.—Within 

the amounts provided for this account, funding is included for necessary expenses to support the Department’s activities related to 

the implementation of the DATA Act (P.L. 113–101), which includes changes in business processes, workforce, or information 

technology to support high quality, transparent Federal spending 

information. Amounts provided should supplement and not supplant existing DATA Act activities. 

CYBER SECURITY INITIATIVES

Appropriation, fiscal year 2019 ......................................................... $15,000,000 

Budget request, fiscal year 2020 ....................................................... 15,000,000 

Recommended in the bill ................................................................... 15,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

The Cyber Security Initiatives account is an effort to close performance gaps in the Department’s cyber security. The account includes support for essential program enhancements, infrastructure 

improvements, and contractual resources to enhance the security of 

the Department’s computer network and reduce the risk of security 

breaches. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $15,000,000 to support 

the Secretary’s Cyber Security Initiatives. 

OFFICE OF CIVIL RIGHTS

Appropriation, fiscal year 2019 ......................................................... $9,470,000 

Budget request, fiscal year 2020 ....................................................... 9,000,000 

Recommended in the bill ................................................................... 9,470,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +470,000 

15 

The Office of Civil Rights is responsible for advising the Secretary on civil rights and equal opportunity issues, and ensuring 

the full implementation of the civil rights laws and departmental 

civil rights policies in all official actions and programs. This office 

is responsible for enforcing laws and regulations that prohibit discrimination in Federally operated and Federally assisted transportation programs and enabling access to transportation providers. 

The Office of Civil Rights also handles all civil rights cases affecting Department of Transportation employees. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $9,470,000 for the Office of Civil Rights. 

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

Appropriation, fiscal year 2019 ......................................................... $7,879,000 

Budget request, fiscal year 2020 ....................................................... 8,000,000 

Recommended in the bill ................................................................... 15,879,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +8,000,000 

Budget request, fiscal year 2020 ................................................... +7,879,000 

This appropriation finances research activities and studies related to the planning, analysis, and information development used 

in the formulation of national transportation policies and plans. It 

also finances the staff necessary to conduct these efforts. The overall program is carried out primarily through contracts with other 

Federal agencies, educational institutions, non-profit research organizations, and private firms. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $15,879,000 for transportation planning, research, and development activities, of which 

$1,000,000 is for the Interagency Infrastructure Permitting Improvement Center. 

Non-traditional and emerging transportation technologies.—The 

Committee recognizes the growth and innovation in new transportation technologies that seek to improve safety, alleviate congestion 

and shorten commute times, expand access and mobility for rural 

and urban communities, and enable a more efficient flow of commercial goods. The Committee understands hyperloop technology is 

an emerging transportation concept that has the potential to fulfill 

some of these objectives. In December 2018, the Secretary established the Non-Traditional and Emerging Transportation Technology (NETT) Council to identify and resolve, where possible, the 

jurisdictional and regulatory gaps associated with cross-modal 

transportation technologies, such as hyperloop technology, and leverage expertise from across the Department on safety approaches. 

The Committee supports the NETT’s focus on safety oversight and 

environmental review and directs the NETT to review hyperloop 

technology as part of this effort. 

The Committee provides $5,000,000 to assist the NETT in developing and establishing Department-wide processes, solutions, and 

best practices for identifying and managing non-traditional and 

emerging transportation technologies and projects, to provide assistance to local and State governments for non-traditional and 

16 

emerging technologies, and to conduct research to better understand the safety and regulatory needs of these technologies. The 

funding provided may be used for dedicated staff for the NETT. 

Further, the Committee directs the NETT to conduct a study of the 

Department’s existing authorities and policies that may apply to 

hyperloop projects, and identify any statutory, regulatory, and policy issues that would preclude the Department from exercising 

operational safety oversight over some or all of the features of a 

hyperloop transportation system. The NETT shall submit this report to the House and Senate Committees on Appropriations within 

180 days of enactment of this Act. 

Data sharing.—The Department possesses and collects much information from airports, roads, bridges, and transit infrastructure 

networks. However, the systems used to collect and process this 

data for insight are not integrated across asset types. As the Department continues to grow its data, the Committee believes it 

needs to organize, share, and analyze data through enterprise data 

management, reporting, visualization, and advanced analytics software to discover patterns and other information. This will require 

the Department to continue to prioritize its management of information technology (IT) investments, lifecycle data management capabilities, and software licenses as it transitions to shared services 

as part of the DestinationsDigital program. Therefore, within the 

amounts provided for this account, the Committee recommendation 

includes funding to support an enterprise IT environment that will 

allow the Department to properly analyze the condition of assets, 

choose investments that would be most impactful, accurately report 

where investments were implemented, measure the results of the 

investments, provide data for public oversight in a modern, completely transparent environment, and support data driven public 

policy. The Committee urges the Department to include the management and modernization of existing advanced analytics licenses 

in this work. 

Bridges.—The Committee supports the Department’s work 

through the Long-Term Bridge Performance Research program to 

develop models to predict bridge performance, and support decisions concerning bridge preservation and rehabilitation investments. Within the amounts provided for this account, funding is included to develop advanced numerical analysis methods and artificial-intelligence based prediction tools to accurately assess the safety and remaining service life of the Nation’s bridges. 

Street space utilization.—In anticipation of increased utilization 

of transportation network companies and fully autonomous vehicles, as part of the Department’s ongoing program of research, the 

Committee encourages the Department to conduct a study in partnership with States, local governments, transit agencies, or metropolitan planning organizations, in consultation with affected businesses and system users, to identify the most efficient uses of curb 

space, including pick-up and drop-off zones for passengers and 

freight. 

17 

WORKING CAPITAL FUND

Limitation, fiscal year 2019 ............................................................... $319,793,000 

Budget request, fiscal year 2020 ....................................................... n/a 

Recommended in the bill ................................................................... 424,901,000 

Bill compared with: 

Limitation, fiscal year 2019 ........................................................... +105,108,000 

Budget request, fiscal year 2020 ................................................... n/a 

The Working Capital Fund (WCF) was created to provide common administrative services to the operating administrations and 

outside entities that contract for the fund’s services. The WCF operates on a fee-for-service basis and receives no direct appropriations. It is fully self-sustaining and must achieve full cost recovery. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $424,901,000 on the 

Working Capital Fund. The Committee continues to stipulate that 

the limitation is only for services provided to the Department of 

Transportation, not other entities. Further, the Committee directs 

that, as much as possible, services shall be provided on a competitive basis. 

SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH

Appropriation, fiscal year 2019 ......................................................... $3,488,000 

Budget request, fiscal year 2020 ....................................................... 3,000,000 

Recommended in the bill ................................................................... 4,646,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +1,158,000 

Budget request, fiscal year 2020 ................................................... +1,646,000 

The Office of Small and Disadvantaged Business Utilization and 

Outreach assists small, disadvantaged businesses and businesses 

owned by minorities and women in competing for contracting opportunities with DOT and DOT-funded contracts or grants for 

transportation-related projects. The office also provides technical 

and financial assistance, bonding education, training, counseling, 

and procurement assistance, and administers DOT’s Small Business Transportation Resource Center program. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $4,646,000 for the 

Small and Disadvantaged Business Utilization and Outreach account. The Committee recognizes that the Department has merged 

the Minority Business Resource Center Program with the Office of 

Small and Disadvantaged Business Utilization and Outreach. 

Therefore, the Committee provides the Office of Small and Disadvantaged Business Utilization and Outreach the authority to 

support loans and other activities that were previously conducted 

by the Minority Business Resource Center Program. 

18 

PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

Appropriation, fiscal year 2019 ......................................................... $175,000,000 

Budget request, fiscal year 2020 ....................................................... 125,000,000 

Recommended in the bill ................................................................... 175,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +50,000,000 

The Essential Air Service (EAS) program provides subsidies to 

air carriers to maintain a minimal level of scheduled air service to 

small communities that had received air service prior to Airline Deregulation Act of 1978. Since 1998, the source of funding for the 

EAS program has been ‘‘overflight fees,’’ which are charged to carriers for Federal Aviation Administration navigational and surveillance services for flights that traverse, but neither take off from 

nor land in, the United States. 

COMMITTEE RECOMMENDATION

The following table shows the appropriation, overflight fees, and 

total program levels for the EAS program. 

Appropriations Overflight fees Total 

FY 2019 Enacted ........................................................................................ $175,000,000 $145,400,000 $320,400,000 

Request ....................................................................................................... 125,000,000 150,500,000 275,500,000 

Recommendation ......................................................................................... 175,000,000 150,500,000 325,500,000 

The Committee directs the Department to utilize all collected overflight fees and provides an additional $175,000,000 for this 

vital link between small communities and the nation. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

Section 101 prohibits the Office of the Secretary of Transportation from approving assessments or reimbursable agreements 

pertaining to funds appropriated to the operating administrations 

in this Act, unless such assessments or agreements have completed 

the normal reprogramming process for Congressional notification. 

Section 102 requires the Secretary to post on the internet a 

schedule of all Council on Credit and Finance meetings, agendas, 

and meeting minutes. 

Section 103 allows the Department of Transportation Working 

Capital Fund to provide payments in advance to vendors for the 

Federal transit pass fringe benefit program and to provide full or 

partial payments to, and to accept reimbursements from, Federal 

agencies for transit benefit distribution services. Section 104 provides an additional $2,052,000 to the Salaries and 

Expenses account on the date on which the Secretary announces 

the selection of projects to receive awards for certain competitive 

grant programs funded in fiscal years 2017 and 2018. 

Section 105 provides $1,000,000 from the Research and Technology account for the Secretary to enter into an arrangement with 

the National Academies of Sciences, Engineering, and Medicine to 

conduct a study through the Transportation Research Board on effective ways to measure the resilience of transportation systems 

and services to natural disasters and hazards. 

19 

Section 106 provides $10,000,000 from the Research and Technology account to establish the Highly Automated Systems Safety 

Center of Excellence. 

FEDERAL AVIATION ADMINISTRATION

The Federal Aviation Administration (FAA) is responsible for the 

safety of civil aviation, navigation and surveillance, and airports. 

The Federal government’s regulatory role in civil aviation dates 

back 1926. When the Department of Transportation began its operations in 1967, the FAA became one of several modal administrations within the department. FAA’s mission expanded in 1995 with 

the transfer of the Office of Commercial Space Transportation from 

the Office of the Secretary and contracted in December 2001 with 

the transfer of civil aviation security activities to the new Transportation Security Administration. 

NextGen.—The Committee places a high priority on Next Generation of Air Traffic Control (NextGen) programs and provides resources in the operations, facilities and equipment, and research 

evaluation and demonstration accounts to modernize air traffic control along with private sector stakeholders. 

NextGen Advisory Committee.—The NextGen Advisory Committee (NAC) includes an appropriate mix of the aviation community, including representatives from general aviation, commercial 

aviation, labor organizations, airports, local community representatives, and the Federal government. The Committee supports the 

current diverse NAC membership and believes that the NAC performs an important role in setting priorities for the FAA’s air traffic control modernization efforts. The Committee encourages the 

FAA to implement NAC recommendations and directs the FAA to 

provide an annual update on the status of NAC recommendations 

to the House and Senate Committees on Appropriations. 

OPERATIONS

(AIRPORT AND AIRWAYS TRUST FUND)

Appropriation, fiscal year 2019 ......................................................... $10,410,758,000 

Budget request, fiscal year ................................................................ 10,340,000,000 

Recommended in the bill ................................................................... 10,677,758,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +267,000,000 

Budget request, fiscal year 2020 ................................................... +337,758,000 

This appropriation provides funds for the operation, maintenance, communications, and logistical support of the air traffic control and air navigation systems. It also covers administrative and 

managerial costs for the FAA’s regulatory, international, medical, 

engineering and development programs as well as policy oversight 

and overall management functions. 

The operations appropriation includes the following major activities: (1) operation on a 24-hour daily basis of a national air traffic 

system; (2) establishment and maintenance of a national system of 

aids to navigation; (3) establishment and surveillance of civil air 

regulations to ensure safety in aviation; (4) development of standards, rules and regulations governing the physical fitness of airmen, as well as the administration of an aviation medical research 

program; (5) administration of the acquisition, and research and 

development programs; (6) headquarters, administration, and other 

20 

staff offices; and (7) development, printing, and distribution of aeronautical charts used by the flying public. 

COMMITTEE RECOMMENDATION

The following table shows a comparison of the budget request 

and the Committee recommendation by budget activity: 

FAA Operations Activities Request Recommendation 

Air Traffic Organization ....................................................................................................... $7,777,357,000 $7,841,720,000 

Aviation Safety ..................................................................................................................... 1,327,779,000 1,603,969,000 

Commercial Space Transportation ...................................................................................... 25,598,000 24,949,000 

Finance and Management ................................................................................................... 784,832,000 816,398,000 

NextGen and Operations Planning ...................................................................................... 60,145,000 61,258,000 

Security and Hazardous Materials Safety ........................................................................... 117,694,000 114,165,000 

Staff offices ......................................................................................................................... 246,595,000 215,299,000 

Total ............................................................................................................................ 10,340,000,000 10,677,758,000 

TRUST FUND SHARE OF FAA BUDGET

The bill derives $9,833,400,000 of the total operations appropriation from the Airport and Airway Trust Fund. The balance of the 

appropriation will be drawn from the general fund of the Treasury. 

Aviation safety.—The Committee provides $1,603,969,000 for the 

core mission of the FAA—safety. Establishing and enforcing the 

safety standards for every product, person, and process in the national airspace system is the exclusive jurisdiction of the FAA. The 

Committee supports the FAA’s role as both a national regulator 

and international leader in safety oversight. 

The Committee expects the multiple, on-going reviews of the certification process to result in the need for greater technical competency at the FAA and deep, substantive responses to the recommendations from these reviews; the Committee provides resources accordingly. The Committee also supports the augmentation of aviation safety inspectors, aviation safety technicians, aerospace engineers, operations research analysts, and medical officers 

to conduct investigations and audits of airlines, manufacturers, and 

pilots as a form of accident prevention. 

Incorporating a ‘‘safety first’’ approach into the FAA and its operations is essential and takes precedence over the commercial success of any technology, manufacturer, carrier, or airport. 

Additive manufactured continued airworthiness.—The Committee 

is encouraged by the potential impact that stitched resin composites and large volume additive manufactured discontinuous fiber 

reinforced composites can have on the aviation industry. The Committee urges FAA to evaluate the material for airworthiness certification and inspection, using destructive and non-destructive testing 

approaches, while ensuring the safety of using these materials in 

the aviation industry. 

Aircraft accessibility.—The Committee notes the air travel-related challenges for disabled and paralyzed Americans, including 

damaged assistive devices, delayed assistance, and lack of seating 

accommodations. Therefore, the Committee encourages the Secretary of Transportation and Administrator of the FAA to work 

diligently on requirements in the FAA Reauthorization Act (P.L. 

115–254) to address the concerns of aviation consumers with disabilities. 

21 

Aircraft certification service.—The Committee recommendation 

includes no less than $240,720,000 for the Aircraft Certification 

Service. 

Allergic reactions aboard aircraft.—The fiscal years 2017, 2018, 

and 2019 reports directed the FAA to review its policies concerning 

severe allergic reactions aboard aircraft and submit a report within 

90 days of enactment of these Acts, detailing the documentation requirements for airlines when an incident of allergic reaction occurs, 

the data definition and standards for such a document, and the 

number of documented incidents that occurred in the past year. 

The Committee has yet to receive this report. The FAA is directed 

to submit this report to the House and Senate Committees on Appropriations within 30 days of enactment of this Act, updated with 

the most recent data including fiscal years 2017, 2018, and 2019. 

Aviation professionals.—The Committee supports increasing the 

strength and number of aviation professionals who are well-trained 

and can be relied upon to make air travel safe and efficient. To 

that end, the Committee provides $5,000,000 for the aviation maintenance technician development program and $5,000,000 for aviation workforce development program. 

In order to improve safety oversight, the Committee further supports efforts by the FAA to review and revise its safety workforce 

training strategy and by the Government Accountability Office to 

assess the FAA Office of Aviation Safety in accordance with sections 231 and 232 of the FAA Reauthorization Act (P.L. 115–254), 

respectively. 

Commercial space licensing.—The Committee supports the Department of Transportation and the FAA in their efforts to move 

forward in reforming, streamlining, and reducing reporting requirements and timelines for the licensing of U.S. commercial launch 

services providers as they seek to leverage their innovative and 

rapid-response launch solutions to support U.S. launch needs and 

priorities. 

Contract tower program.—The Committee recommendation includes $169,000,000 for the contract tower program, including the 

contract tower cost share program. The Committee continues to 

strongly support the FAA contract tower program as a cost-effective and efficient way to provide air traffic control services to 

smaller airports across the country. The Committee expects FAA to 

continue to operate the 256 contract towers currently in the program, annualize funding for towers that will be added in 2019, and 

provide full-year funding for new airports expected to be added to 

the program in fiscal year 2020. 

Emergency preparedness.—The Committee directs the FAA to 

work with airport sponsors and other Federal, State and local 

agencies to help plan for emergency preparedness and response, including planning for what spaces on the airport might be available 

for staging and storing equipment. Additionally, the Committee directs the FAA to provide a briefing on feasibility, benefits, and risk 

associated with developing consolidated emergency command centers. 

Emergency service heliports.—Accurate heliport data is needed 

for accurate navigation charting for ingress and egress to medical 

centers and other landing locations. The Committee directs the 

FAA to develop a national data standard to design and chart airVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00021 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
22 

space in order to identify potential hazards and develop flight procedures for helicopter pilots, especially for helicopter air ambulance 

procedures. 

Field and regional offices.—The Committee strongly supports 

FAA field and regional offices. These offices are the workhorses of 

FAA, providing leadership and expertise to solve a wide range of 

local safety, planning, operational, research, permit, infrastructure, 

and engineering problems with State and local stakeholders. The 

Committee encourages the FAA to operate efficiently and effectively, but requires the FAA to follow reprogramming procedures 

and seek approval from the Committee before closing, opening, redesignating, or reorganizing field or regional offices. 

Human Intervention Motivation Study and the Flight Attendant 

Drug and Alcohol Program.—The Committee recognizes the effectiveness of the Human Intervention Motivation Study (HIMS) and 

the Flight Attendant Drug and Alcohol Program (FADAP) in mitigating drug and alcohol misuse through a peer identification and 

intervention program. The Committee recommends that the FAA 

continue to prioritize this program and urges the FAA to continue 

this program from within available resources. 

Las Vegas Metroplex.—The Committee commends the FAA for its 

efforts to redesign the Las Vegas Metroplex through new performance based navigation procedures and the better utilization of time 

based flow management. The Committee encourages the FAA to 

dedicate all appropriate resources to this project to ensure its timely completion. 

Lunar exploration.—The Committee notes the possible value of 

using the payload and lifting capabilities of the Space Launch System and encourages the FAA to continue to facilitate lunar exploration and development. 

Noise.—The Committee shares the concerns of communities affected by aircraft noise and urges the FAA to respond fully and 

completely to the requirements in the FAA Reauthorization Act 

(P.L. 115–254) pertaining to noise reduction. Among these requirements are a study on jet aircraft approach and takeoff speeds, a 

review of how and when to engage airports and communities in 

performance-based navigation proposals, updating airport noise exposure maps, and a study on the potential health and economic impact of overflight noise. Without deferring any safety-related 

projects, the FAA should evaluate alternative metrics to the current Day Night Level (DNL) 65 standard, enter into an agreement 

with an institution of higher education to conduct a study on the 

health impacts of aircraft noise exposure, deploy recently hired regional ombudsmen into communities, and make noise data as widely and publicly available as practical. 

Pets.—The Committee directs the Administrator to encourage 

airports to provide a designated area for animals traveling with 

their owners to relieve themselves and to remind carriers that it 

is unlawful to place a live animal in an overhead storage compartment of an aircraft. 

Special issuance for pilot medical certification.—Consistent with 

a 2018 opinion from the U.S. Court of Appeals for the District of 

Columbia Circuit, the FAA should develop an evidence-based 

framework to allow for the special issuance of first- or second-class 

medical certification for pilots with insulin-treated diabetes. The 

23 

Committee directs the FAA to report to the House and Senate 

Committees on Appropriations not later than 90 days after enactment of this Act on actions, taken or planned, for completing such 

a framework. 

Unfinished rulemakings.—The Committee notes that the FAA 

has not met the statutory deadlines to comply with either section 

308 of P.L. 112–95, which requires the FAA to develop a safety assessment system for part 145 air repair stations, or section 335(a) 

of P.L. 115–254, which requires the FAA to update a rule related 

to flight attendant duty period limitations and rest requirements. 

The Committee directs the FAA to report every 30 days after enactment of this Act to the House and Senate Committees on Appropriations; the Senate Committee on Commerce, Science, and Transportation; and House Committee on Transportation and Infrastructure on actions taken and planned to promulgate final rules. 

Unmanned Aircraft Systems (UAS) integration and advanced operations.—The Committee is pleased with the recent progress that 

FAA has made to safely and efficiently integrate UAS in the national airspace system and enable advanced operations, such as the 

publication of long-awaited rulemakings. The Committee encourages the FAA to reduce the time to process Part 107 operational 

waivers, use the data from the UAS Integration Pilot Program to 

develop more complex UAS operations, and continue development 

of the unmanned traffic management network. 

Workforce diversity.—The Committee supports the efforts of the 

FAA to increase diversity in hiring, retention, and promotion within its workforce, including the allocation of funds to continue and 

expand its recruitment programs, professional development activities, and outreach efforts. To further those goals, the Committee 

provides $5,000,000 for the Minority Serving Institutions internship program, which provides students from Historically Black Colleges and Universities, Hispanic Serving Institutions, students attending a college or university with a high percentage of Asian 

American and Pacific Islanders, Tribal Colleges and Universities, 

and Students with Disabilities the opportunity to participate in internship opportunities. The Committee also supports the Women in 

Aviation Advisory Board required by the FAA Reauthorization Act 

(P.L. 115–254) and looks forward to its recommendations. 

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAYS TRUST FUND)

Appropriation, fiscal year 2019 ......................................................... $3,000,000,000 

Budget request, fiscal year 2020 ....................................................... 3,295,000,000 

Recommended in the bill ................................................................... 3,000,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... ¥295,000,000 

The Facilities and Equipment (F&E) account is the principal 

means for modernizing and improving air traffic control and airway 

facilities. The appropriation also finances major capital investments required by other agency programs, experimental research 

and development facilities, and other improvements to enhance the 

safety and capacity of the airspace system. 

24 

COMMITTEE RECOMMENDATION

The following table provides funding levels for specific facilities 

and equipment activities and budget line items. The Committee 

provides the FAA with additional flexibility to fund the programs 

and activities that improve the safety of the National Airspace System, but directs the FAA to submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds made 

available by this account not later than 60 days after enactment of 

this Act. The spend plan shall include, as applicable, a comparison 

between the congressional budget justification funding levels, the 

most recent congressional directives or approved funding levels, 

and the funding levels proposed by the FAA. If the proposed level 

is less than or greater than the funding levels in the congressional 

budget justification, then the FAA shall provide a clear and concise 

justification, subject to the reprogramming requirements of section 

405 of this Act. 

Request Recommendation 

Activity 1—Engineering, Development, Test and Evaluation: 

William J. Hughes Technical Center Laboratory Sustainment ................................... $20,000,000 $25,000,000 

William J. Hughes Technical Center Infrastructure Sustainment .............................. 15,000,000 30,000,000 

NextGen Support Portfolio ........................................................................................... 13,000,000 13,000,000 

Unmanned Aircraft Systems (UAS) ............................................................................. 68,400,000 68,400,000 

Enterprise, Concept Development, Human Factors, & Demonstrations Portfolio ...... 32,000,000 32,000,000 

Other Activity 1 ........................................................................................................... 129,400,000 125,450,000 

TOTAL ACTIVITY 1 .............................................................................................. 277,800,000 293,850,000 

Activity 2—Air Traffic Control Facilities and Equipment: 

a. En Route Programs: 

En Route Automation Modernization (ERAM)—System Enhancements and Tech 

Refresh ................................................................................................................... 105,950,000 105,950,000 

Air Route Traffic Control Center (ARTCC) & Combined Control Facility (CCF) 

Building Improvements .......................................................................................... 96,900,000 96,900,000 

Air Traffic Control En Route Radar Facilities Improvements .................................... 5,300,000 5,300,000 

Next Generation Very High Frequency Air/Ground Communications (NEXCOM) ......... 50,000,000 70,000,000 

System-Wide Information Management ...................................................................... 100,950,000 78,125,000 

ADS-B NAS Wide Implementation ............................................................................... 174,400,000 174,400,000 

Time Based Flow Management Portfolio .................................................................... 30,700,000 30,700,000 

Data Communications in Support of NG Air Transportation System ........................ 136,248,013 136,250,000 

Reduced Oceanic Separation ...................................................................................... 32,300,000 35,000,000 

Commercial Space Integration ................................................................................... 33,000,000 33,000,000 

Other En Route programs ........................................................................................... 148,700,000 118,000,000 

Subtotal En Route Programs ............................................................................. 914,448,013 883,625,000 

b. Terminal Programs: 

Standard Terminal Automation Replacement System (STARS) (TAMR Phase 1) ...... 41,300,000 41,300,000 

Terminal Automation Program .................................................................................... 6,500,000 6,500,000 

Terminal Air Traffic Control Facilities—Replace ....................................................... 24,325,987 24,400,000 

ATCT/Terminal Radar Approach Control (TRACON) Facilities—Improve ................... 96,200,000 96,200,000 

NAS Facilities OSHA and Environmental Standards Compliance .............................. 40,400,000 41,900,000 

Terminal Flight Data Manager (TFDM) ....................................................................... 135,450,000 135,450,000 

Performance Based Navigation & Metroplex Portfolio ............................................... 5,000,000 5,000,000 

Other Terminal programs ........................................................................................... 271,250,000 37,600,000 

Subtotal Terminal Programs .............................................................................. 620,425,987 388,350,000

c. Flight Service Programs: 

Aviation Surface Observation System (ASOS) ............................................................ 4,000,000 4,000,000 

Weather Camera Program .......................................................................................... .......................... 1,100,000 

Other Flight Service programs ................................................................................... 22,850,000 18,300,000 

Subtotal Flight Service Programs ...................................................................... 26,850,000 23,400,000 

d. Landing and Navigational Aids Program: 

VHF Omnidirectional Radio Range (VOR) Minimum Operating Network (MON) ........ 18,000,000 18,000,000 

Wide Area Augmentation System (WAAS) for GPS ..................................................... 90,000,000 90,000,000 

25 

Request Recommendation 

Runway Safety Areas—Navigational Mitigation ........................................................ 1,400,000 1,400,000 

Other Landing and Navigational Aids programs ....................................................... 49,345,000 40,722,500 

Subtotal Landing and Navigational Aids Programs .................................................. 158,745,000 150,122,500 

e. Other ATC Facilities Programs: 

Fuel Storage Tank Replacement and Management ................................................... 26,400,000 26,400,000 

Electrical Power Systems—Sustain/Support .............................................................. 150,000,000 140,700,000 

Child Care Center Sustainment ................................................................................. 1,500,000 1,500,000 

Other ATC Facilities programs ................................................................................... 153,000,000 145,450,000 

Subtotal Other ATC Facilities Programs ............................................................ 330,900,000 314,050,000 

TOTAL ACTIVITY 2 ..................................................................................... 2,051,369,000 1,759,547,500 

Activity 3—Non-Air Traffic Control Facilities and Equipment: 

a. Support Equipment: 

Hazardous Materials Management ............................................................................. 20,000,000 20,000,000 

Aviation Safety Analysis System (ASAS) .................................................................... 19,700,000 19,700,000

Facility Security Risk Management ............................................................................ 15,100,000 15,100,000 

Information Security ................................................................................................... 33,300,000 33,300,000 

System Approach for Safety Oversight (SASO) .......................................................... 23,100,000 23,100,000 

Aviation Safety Knowledge Management Environment (ASKME) ............................... 5,300,000 5,300,000 

Other Support Equipment ........................................................................................... 67,900,000 62,600,000 

Subtotal Support Equipment ............................................................................. 184,400,000 179,100,000 

b. Training, Equipment and Facilities ................................................................................ 19,000,000 15,000,000 

TOTAL ACTIVITY 3 ..................................................................................... 203,400,000 194,100,000 

TOTAL ACTIVITY 4—Facilities and Equipment Mission Support ............. 237,700,000 235,300,000 

TOTAL ACTIVITY 5—Personnel and Related Expenses ............................. 524,730,000 517,202,500 

TOTAL, ALL ACTIVITIES .............................................................................. 3,295,000,000 3,000,000,000 

Air traffic control towers.—The Committee is concerned by outdated technology being used in air traffic control towers and believes the FAA should deploy the most up-to-date technology as 

rapidly as operational safety allows. Replacing outdated technology 

should increase the safety and efficiency of all travelers, airports, 

and carriers. 

Aviation Safety Information Analysis and Sharing.—The Committee commends the FAA for the collaborative, government-industry Aviation Safety Information Analysis and Sharing (ASIAS) 

whose mission is to proactively discover and mitigate emerging 

safety issues, before they result in an incident or accident. The 

Committee appreciates this collaborative initiative that has resulted in the implementation of safety enhancements that have improved our nation’s aviation safety. The Committee directs the FAA 

to keep the House and Senate Committees on Appropriations apprised on the status of ASIAS capability acceleration. 

Procurement.—Consistent with the Acquisition Management System (AMS), the Committee directs the FAA to promote a competitive contracting environment to achieve the best value for taxpayers. When competition is restricted, the FAA loses opportunities 

not only to obtain lower prices but also to acquire technologies or 

business solutions that could increase safety, productivity, and effectiveness. Preference should be given to using commercial and 

previously developed items whenever possible. Development of a 

product, and its associated costs and risks, should be avoided unless necessary to meet FAA needs. If developmental items are required, the need should be documented in the procurement plan. 

26 

Reduced oceanic separation.—The recommendation includes 

$35,000,000 for reduced oceanic separation to enable reduced separation in oceanic traffic, enable new air routes which will increase 

airspace capacity, and reduce time for search and rescue missions. 

Remote towers.—Consistent with section 161 of the FAA Reauthorization Act of 2018, the Committee encourages the FAA to use 

remote tower technology as a means to enhance safety, reduce 

costs, and expand air traffic control services at rural and small 

community airports. 

Technology refresh.—The Committee supports FAA efforts to 

modernize and enhance information technology and systems. Once 

deployed, these systems, including the existing integrated control 

and monitoring system, need to be continuously monitored for performance and periodically refreshed to preserve their capabilities. 

The Committee encourages the FAA to incorporate and budget for 

regular refresh cycles into their information technology practices, 

which will ready the FAA to leverage new architecture models and 

technology, such as cloud computing and artificial intelligence. 

The VHF Omnidirectional Radio Range (VOR) Minimum Operational Network (MON) system is designed to support conventional 

navigation procedures, providing redundancy which is the centerpiece of safety. The Committee assumes it would be cost-effective 

to maintain it by using experienced technicians, including current 

FAA employees, familiar with this legacy technology. 

Workplace safety.—The Committee is concerned that there are 

some contract towers that are more than 40 years of age, are noncompliant with Occupational Safety and Health Administration 

standards, and have line of sight issues that threaten air traffic 

control and passenger safety. The Committee looks forward to the 

assessments of these towers required last year. 

RESEARCH, ENGINEERING AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

Appropriation, fiscal year 2019 ............................................................. $191,100,000 

Budget request, fiscal year 2020 ........................................................... 120,000,000 

Recommended in the bill ....................................................................... 191,100,000 

Bill compared with: 

Appropriation, fiscal year 2019 .......................................................... – – – 

Budget request, fiscal year 2020 ....................................................... +71,100,000 

This appropriation provides funding for long-term research, engineering, and development programs to improve the air traffic control system and to raise the level of aviation safety, as authorized 

by the Airport and Airway Improvement Act and the Federal Aviation Act. The appropriation also finances the research, engineering, 

and development needed to establish or modify Federal air regulations. 

COMMITTEE RECOMMENDATION

The following table provides funding levels for specific research, 

engineering, and development programs. The Committee provides 

the FAA with additional flexibility to fund the programs that improve the safety of the National Airspace System, but directs the 

FAA to submit to the House and Senate Committees on Appropriations a detailed spend plan for the funds made available by this account not later than 60 days after enactment of this Act. The spend 

27 

plan shall include, as applicable, a comparison between the congressional budget justification funding levels, the most recent congressional directives or approved funding levels, and the funding 

levels proposed by the FAA. If the proposed level is less than or 

greater than the funding levels in the congressional budget justification, then the FAA shall provide a clear and concise justification, subject to the reprogramming requirements of section 405 of 

this Act. 

Request Recommendation 

Safety: 

Fire Research and Safety ........................................................................................... $7,562,000 $7,562,000 

Advanced Materials/Structural Safety ........................................................................ 1,799,000 15,000,000 

Aircraft Icing /Digital System Safety ......................................................................... 7,450,000 9,300,000 

Continued Airworthiness ............................................................................................. 10,006,000 11,300,000 

Aircraft Catastrophic Failure Prevention Research .................................................... .......................... 1,565,000 

Flightdeck/Maintenance/System Integration Human Factors ..................................... 5,973,000 7,300,000 

System Safety Management ....................................................................................... 4,309,000 5,500,000 

Air Traffic Control/Technical Operations Human Factors .......................................... 5,474,000 5,474,000 

Unmanned Aircraft Systems Research ....................................................................... 7,546,000 25,000,000 

Alternative Fuels for General Aviation ....................................................................... .......................... 1,900,000 

Commercial Space ...................................................................................................... 5,971,000 5,971,000 

NextGen—Air Ground Integration Human Factors ..................................................... 1,717,000 5,800,000 

NextGen—Information Security .................................................................................. 2,675,000 2,675,000 

Other Safety ................................................................................................................ 26,339,000 31,227,000 

Total Safety ........................................................................................................ 86,821,000 135,574,000 

Reduce Environmental Impacts: 

Environment and Energy ............................................................................................ 15,103,000 18,500,000 

NextGen—Environmental Research—Aircraft Technologies, Fuels, and Metrics ..... 12,500,000 29,600,000 

Total Reduce Environmental Impacts ............................................................... 27,603,000 48,100,000 

Mission Support: 

System Planning and Resource Management ............................................................ 2,717,000 2,426,000 

William J. Hughes Technical Center Laboratory Facility ............................................ 2,859,000 5,000,000 

Total Mission Support ........................................................................................ 5,576,000 7,426,000 

TOTAL ........................................................................................................ 120,000,000 191,100,000 

Counter-unmanned aircraft systems.—In accordance with section 

383 of the FAA Reauthorization Act (P.L. 115–254), the Committee 

supports the coordination among the FAA, Departments of Defense 

and Homeland Security, and other relevant Federal agencies to ensure that the detection and mitigation of potential risks posed by 

errant or hostile unmanned aircraft does not adversely impact or 

interfere with safe airport operations, navigation, air traffic services, or the safe and efficient operation of the national airspace system. The Committee directs the FAA to provide regular updates to 

the House and Senate Committees on Appropriations on their activities related to counter unmanned aircraft research, capabilities, 

and coordination. 

Crew complements.—The presence of two well-trained, qualified 

pilots in commercial aircraft is another example of safety through 

redundancy. Funds made available in this Act to study alternative 

crew complements for flight decks in commercial operations should 

prioritize the safety effects relative to two-person flights. This direction is not intended to limit FAA’s research and development activities related to unmanned aerial vehicles. 

Wind Turbine-Radar Interference Mitigation Working Group.— 

The FAA is a member of the Wind Turbine-Radar Interference 

28 

Mitigation Working Group, which also includes the Departments of 

Defense and Energy and the National Oceanic and Atmospheric 

Administration. This collaborative work is expected to be completed 

in 2025. The Committee encourages the working group, including 

the FAA, to complete the work as expeditiously as possible and provide periodic updates to the Committee. 

Low Altitude Authorization and Notification Capability.—The 

Committee is pleased that cooperation between the FAA and industry partners towards the Low Altitude Authorization and Notification Capability (LAANC) program has safely and efficiently opened 

more airspace to UAS innovation. The LAANC program is making 

progress towards an unmanned traffic management system. The 

Committee supports the continuation and extension of the LAANC 

program. 

NextGen, Environmental Research-Aircraft Technologies, Fuels, 

and Metrics.—The recommendation includes $29,600,000 for 

NextGen, Environmental Research-Aircraft Technologies, Fuels, 

and Metrics to reduce aviation noise and exhaust emissions and to 

increase energy efficiency. This program utilizes the Center of Excellence to discover, analyze, and develop science-based solutions to 

the energy and environmental challenges facing the aviation industry. 

GRANTS-IN-AID FOR AIRPORTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(AIRPORT AND AIRWAY TRUST FUND)

(INCLUDING TRANSFERS OF FUNDS)

Appropriation, fiscal year 2019 ................................................. $3,350,000,000 

Budget request, fiscal year 2020 ............................................... 3,350,000,000 

Recommended in the bill ........................................................... 3,350,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 .............................................. – – – 

Budget request, fiscal year 2020 ........................................... – – – 

This funding provides grants for airport planning and development, noise compatibility and planning, the military airport program, reliever airports, airport program administration, and other 

authorized activities. 

REPORT RECOMMENDATION

Airport technology research.—The Committee recommendation 

includes a minimum of $33,210,000 for the FAA’s airport technology research program to conduct research on topics such as concrete and asphalt airport pavement in accordance with section 744 

of the FAA Reauthorization Act (P.L. 115–254); airport marking 

and lighting; airport rescue and firefighting; airport planning and 

design; wildlife hazard mitigation; and visual guidance. 

Noise and environment.—The Committee directs the Administrator to ensure the availability of funds to implement the Environmental Mitigation Pilot Program and the series of studies and reports on aircraft noise in accordance with the Airport Noise and 

Environmental Streamlining subtitle of the FAA Reauthorization 

Act (P.L. 115–254). 

29 

GRANTS-IN-AID FOR AIRPORTS

Appropriation, fiscal year 2019 ......................................................... $500,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 500,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +500,000,000 

The Committee recommendation includes $500,000,000 in discretionary funding for additional grants for airport infrastructure. 

These grants are to be awarded on a competitive basis for all airport sizes. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

Section 110 limits the number of technical work years at the 

Center for Advanced Aviation Systems Development to 600. 

Section 111 prohibits FAA from requiring airport sponsors to provide the agency ‘without cost’ building construction, maintenance, 

utilities and expenses, or space in sponsor-owned buildings, except 

in the case of certain specified exceptions. 

Section 112 allows reimbursement for fees collected and credited 

under 49 U.S.C. 45303. 

Section 113 allows reimbursement of funds for providing technical assistance to foreign aviation authorities to be credited to the 

operations account. 

Section 114 prohibits FAA from paying Sunday premium pay, except in those cases where the individual actually worked on a Sunday. 

Section 115 prohibits FAA from using funds to purchase store 

gift cards or gift certificates through a government-issued credit 

card. 

Section 116 requires approval from the Deputy Assistant Secretary for Administration of the Department of Transportation for 

retention bonuses for any FAA employee. 

Section 117 requires the Secretary to block the display of an 

owner or operator’s aircraft registration number in the Aircraft Situational Display to Industry program, upon the request of an 

owner or operator. 

Section 118 limits the number of FAA political appointees to 

eight. 

Section 119 prohibits funds for any increase in fees for navigational products until FAA has reported a justification for such fees 

to the House and Senate Committees on Appropriations. 

Section 119A requires FAA to notify the House and Senate Committees on Appropriations at least 90 days before closing a regional 

operations center or reducing the services it provides. 

Section 119B prohibits funds to change weight restrictions or 

prior permission rules at Teterboro Airport in Teterboro, New Jersey. 

Section 119C sets requirements for the Contract Tower program. 

Section 119D allows for reimbursements to airports affected by 

Temporary Flight Restrictions (TFRs). 

30 

FEDERAL HIGHWAY ADMINISTRATION

The Federal Highway Administration (FHWA) provides financial 

assistance to the States to construct and improve roads and highways. It also provides technical assistance to other agencies and organizations involved in road building activities. Title 23 of the 

United States Code and other supporting statutes provide authority for the activities of the FHWA. The most recent authorization 

for the programs administered by the FHWA is contained in the 

Fixing America’s Surface Transportation (FAST) Act (P.L. 114–94). 

Funding is provided by contract authority, while program levels are 

established by annual limitations on obligations, as set forth in appropriations Acts. 

LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2019 ......................................................... $449,692,304 

Budget request, fiscal year 2020 ....................................................... 453,549,689 

Recommended in the bill ................................................................... 453,549,689 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +3,858,385 

Budget request, fiscal year 2020 ................................................... – – – 

The limitation on administrative expenses caps the amount, from 

within the limitation on obligations, that FHWA may spend on salaries and expenses necessary to conduct and administer the Federal-aid highway program, highway-related research, and most 

other Federal highway programs. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation on FHWA administrative expenses of $453,549,689. In addition, $3,248,000 is transferred to the Appalachian Regional Commission. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Limitation on 

obligations** 

Appropriation, fiscal year 2019 ....................................................................................................................... $45,268,596,000 

Budget request, fiscal year 2020 .................................................................................................................... 46,365,092,000 

Recommended in the bill ................................................................................................................................. 46,365,092,000 

Bill compared with: 

Appropriation, fiscal year 2019 ................................................................................................................... +1,096,496,000 

Budget request, fiscal year 2020 ................................................................................................................ – – – 

**These amounts do not include $739,000,000 of contract authority exempt from the limitation on obligations. As a result, total program level for 2019 was $46,007,596,000. The total recommended program level for 2020 is $47,104,092,000. 

The Federal-aid highway program is funded by contract authority, and liquidating cash appropriations are subsequently provided 

to fund resulting outlays. The Committee sets, through the annual 

appropriations process, an overall limitation on the total contract 

authority that can be obligated under the program in a given year. 

Programs included within the Federal-aid highway program are financed from the Highway Trust Fund. 

31 

Federal-aid highways and bridges are managed through a Federal-State partnership. States and localities maintain ownership of 

and responsibility for the maintenance, repair, and new construction of roads. State highway departments have the authority to initiate Federal-aid projects, subject to FHWA approval of the plans, 

specifications, and cost estimates. The Federal government provides financial support, on a reimbursable basis, for construction 

and repair through matching grants. 

COMMITTEE RECOMMENDATION

The Committee recommends a total program level of $47,104,092,000 for the regular Federal-aid highway program in 

fiscal year 2020. Included within the recommended amount is an 

obligation limitation of $46,365,092,000 and $739,000,000 in contract authority that is exempt from the obligation limitation. 

Congestion Mitigation and Air Quality (CMAQ).—The Committee 

provides $2,500,000,000 for CMAQ programs. These programs are 

essential to reducing congestion and improving air quality nationwide. The Committee urges FHWA to consider the feasibility of utilizing or deploying innovative technologies, including moveable barriers, that provide congestion relief, improve air quality, and decrease fuel consumption. Innovative technologies can offer quick alternatives to costly road construction, result in safer roadways, 

help eliminate crossover fatalities, improve air quality, and decrease fuel consumption. The Committee encourages FHWA to consider such technologies as part of any project for which the Federal 

government provides grants. 

Highway research.—The Committee provides $420,000,000 for 

the Highway Research, Technology and Education program, consistent with the levels contained in the FAST Act. As part of 

FHWA’s Research, Technology and Education program, the Committee encourages the Secretary, in conjunction with the National 

Weather Service, to establish a pilot project that would develop a 

model to collect and integrate real-time, geo-located weather and 

roadway data in order to improve emergency planning, response, 

and public safety. 

Transportation Infrastructure Finance and Innovation Act 

(TIFIA).—TIFIA credit assistance allows State and local governments to leverage limited Federal resources and stimulate capital 

market investment in transportation infrastructure. The program 

provides Federal credit assistance in the form of direct loans, loan 

guarantees, and standby lines of credit to projects of national or regional significance. Consistent with the FAST Act, the Committee 

provides $300,000,000 in budget authority for TIFIA which it expects will leverage more than $3,000,000,000 in loans for important 

transportation projects nationwide. 

Freight.—Our nation’s major freight corridors improve our economic efficiency, promote economic growth, and increase employment. The Committee provides $1,500,000,000 for the National 

Highway Freight program, consistent with the amounts authorized 

in the FAST Act. 

Interstate 10 in Alabama and the proposed Interstate 69 extension over the Ohio River are crucial corridors for the movement of 

freight. On Interstate 10, the Mobile River Bridge between Mobile 

and Daphne, Alabama is a key choke point and creates safety hazVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00031 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
32 

ards for motorists. The Interstate 69 extension between Indiana 

and Kentucky will address capacity constraints and create a continuous transportation network from Canada to Mexico that will facilitate international trade and spur economic development. The 

Committee encourages FHWA to work with the relevant State departments of transportation to address capacity constraints at 

these chokepoints and to develop robust funding plans to complete 

these critical projects. 

In addition, the Committee believes critical commerce corridors 

(CCC), an authorized use of funds in the nationally significant 

freight and highway projects program, can improve economic efficiency, reduce travel times, and promote safe travel on our nation’s 

roads and highways. CCCs create a barrier on existing highways, 

physically separating lanes dedicated for heavy commercial trucks 

from lanes dedicated for passenger vehicles. The Committee encourages the Secretary to consider applications for the creation of 

CCCs when awarding competitive grants. 

Permeable pavements.—The Committee encourages the Secretary 

to accelerate research, demonstration, and deployment of permeable pavements to achieve flood mitigation, pollutant reduction, 

stormwater runoff reduction, environmental conservation, and resilience for both new road construction and the retrofit of existing 

roads. The Committee encourages the Secretary to conduct structural evaluations of flood-damaged pavements, with emphasis on 

local roads and highways subject to flooding and extended periods 

of inundation, to understand the mechanisms of flood damage and 

how permeable pavements might be used to prevent or reduce damage from future flooding. 

Guardrails.—The Committee supports continued efforts by the 

Secretary to help State and local departments of transportation 

capitalize on Federal investment in Geosynthetic Reinforced Soil 

Integrated Bridge Systems. The Committee encourages the Secretary to consider testing of geo-synthetically reinforced soil guardrails for performance under vehicle impact and use this data to develop specifications for use in future roadway construction. 

Bridge corrosion.—The Committee reiterates its concern with the 

large number of structurally deficient bridges in the United States 

and recognizes that corrosion is a leading cause of bridge failure. 

The Committee is concerned that the Secretary has not complied 

with the directive in House Report 115–237 to produce a report on 

best practices to combat bridge corrosion. Therefore, the Committee 

again directs the Secretary to conduct a report on the status of corrosion control planning by State departments of transportation and 

the status of corrosion control best practice requirements in State 

regulations and in bid specifications for bridge projects using Federal taxpayer money. The Committee again directs the Secretary to 

consult with State departments of transportation to ensure that 

contractors and subcontractors hired for bridge construction, alterations or maintenance projects using Federal taxpayer money, 

other than those involving minor repair work, are utilizing industry best practices to prevent, mitigate and control corrosion. The 

Committee directs the GAO to produce a report to Congress, due 

no later than one year after enactment of this Act, on the status 

of corrosion control planning by State departments of transportation. 

33 

Truck size and weight.—The Committee is concerned about the 

demands placed on our nation’s highways, especially bridges, by 

large trucks. The June 2015 Comprehensive Truck Size and Weight 

Technical Reports Summary found that 4,845 bridges would need 

to be strengthened or replaced to handle the additional stress if 

Federal truck weights were increased to 91,000 pounds. In addition, a 2018 Consensus Study Report requested by the U.S. Department of Transportation and conducted by the Transportation Research Board identified 27 research projects that are needed to better project the consequences of proposed changes to truck length 

and weight limits. A significant increase in Federal truck length 

and weight, before the impacts of these changes have been studied, 

would stress an already failing Highway Trust Fund and further 

compromise the condition of our roads and bridges. The results of 

the proposed research should be considered by the Department and 

Congress before any changes in national policy are made. 

Highway-rail grade crossing safety handbook.—The Committee is 

concerned that an updated handbook on safety at highway-rail 

grade crossings is over a year late. Updated safety protocols at 

highway-grade crossings will save lives. The Committee directs 

FHWA, in coordination with the Federal Railroad Administration, 

to complete the handbook within 180 days of enactment of this Act. 

Verrazzano-Narrows bridge.—The Committee anticipates that 

when two-way tolling is established by the Metropolitan Transit 

Authority (MTA), each one-way toll will be equal to one-half of the 

current one-way toll. The Committee recognizes that, over time, the 

MTA will need to adjust the toll rate. 

Ferry programs.—The Committee recognizes the important role 

that ferries play in connecting communities and reducing congestion. Under this heading, the Committee provides $80,000,000 for 

the Ferry Boat Program, consistent with the amounts authorized 

by the FAST Act. The bill also provides $30,000,000 for ferry programs administered by the Federal Transit Administration (FTA). 

Appalachian Development Highway System (ADHS).—The Committee recognizes the important role that the ADHS plays in providing economic opportunities for persistently poor residents of Appalachia. As a result, the Committee rejects the President’s proposal to rescind $40,222,760 from ADHS projects in Georgia, Kentucky, Maryland, New York, Tennessee, and West Virginia. 

FHWA competitive programs.—For applicable competitive programs administered by FHWA, including the Infrastructure for Rebuilding America (INFRA) grant program, the Committee is concerned about the lack of transparency in grant award decisions by 

the Department of Transportation (DOT). For competitive programs funded under this heading, program teams should document 

their decision-making rationale throughout review in the application selection process. In addition, the Committee directs the Secretary to give priority to applicants with a demonstrated success 

record of managing and implementing complex projects on-time 

and on-budget. 

Pavement conditions and competition.—Good pavement conditions on the National Highway System and roads eligible for Federal-aid funding are a key goal of the funds provided in this Act. 

The Committee is concerned about the variability in pavement conditions across States and jurisdictions including in home rule states 

34 

and in colder climates. As a result of these concerns, the Committee directs the GAO to evaluate the ability of urban areas in 

home rule states to meet Federal road maintenance standards. 

Furthermore, as part of FHWA’s continued research on pavement 

performance, the Committee encourages the agency to include special considerations of pavement performance in colder climates and 

directs the agency to continue to evaluate the impact of autonomous vehicles, particularly commercial vehicles, on pavement performance. The Committee looks forward to receiving the report on 

Automated Vehicle Impacts to Highway Infrastructure during 

2020. 

In addition, the Committee notes that competition in the selection of pavement materials can facilitate the efficient use of Federal funds. The Committee directs FHWA to report to Congress 

within 120 days on all measures taken to ensure State departments of transportation and other contracting agencies are in full 

compliance with the competitive bidding principles in 23 U.S.C. 

112. 

Safe routes to schools.—The Committee recognizes the important 

role infrastructure investments, education, and enforcement efforts 

can have in ensuring safe access to schools. Investments in sidewalks, bike paths, and alternative transportation have proven to 

increase safety and decrease the number of deaths and injuries associated with commutes to school. The Committee encourages the 

Secretary and States to prioritize infrastructure investments that 

will facilitate changes to pedestrian and driver behavior and that 

will have immediate improvements in student safety. 

Highway 69 safety report.—The Committee recognizes that congestion and accidents are increasing on Highway 69 in Kansas, especially where interstates intersect with the two-lane State highway. This route receives heavy traffic due to its close-proximity to 

a State border, and the route provides direct access to high-employment areas. As a result, the Committee encourages the Secretary 

to work with the Kansas department of transportation to complete 

a report on options that could improve safety along this critical 

route. 

Eastern Federal Lands Highway Division (EFLHD) disaster recovery.—The Committee urges the Secretary to ensure the full allocation of authorized funds for the EFLHD so that it can act as a 

single entity to complete the rebuilding process from damages 

caused by hurricanes in the noncontiguous States and territories. 

The EFHLD’s role includes procuring the construction, construction 

management, and inspection for the complete rebuilding process. 

Tribal Transportation Program.—The Tribal Transportation Program provides key access to basic community services to enhance 

the quality of life in Indian country. Consistent with the FAST Act, 

the Committee provides $505,000,000 for the program. 

Cap park development.—The Committee notes the growing interest in communities across the country in developing cap parks— 

capping a highway and placing a park there. Cap parks connect 

neighborhoods that have long been divided by highways, reduce 

traffic congestion, improve air quality, and bring green space to our 

highways and roads. The Committee encourages State departments 

of transportation to work with metropolitan planning organizations 

to further the development of cap parks across the country. 

35 

Cost of contracting.—The Committee is concerned about how 

State departments of transportation are allocating staffing resources. The Committee directs the GAO to report on how State departments of transportation complete engineering and design work 

for projects using Federal funds. The report should address how 

State departments of transportation complete such work, the percentage of the work that is completed by private contractors and 

the percentage that is completed by State employees. The report 

should include: the estimated cost of procuring the services under 

a contract, the estimated costs to the State of negotiating and 

awarding the contract, and the estimated cost to the State of supervising, monitoring, and overseeing the contract. In addition, the report should include an estimate of the cost of having the services 

performed by State staff (or a government agency assisting the 

State, including salaries and benefits), and other costs that can be 

attributed solely to the performance of the services by staff and 

that would not otherwise be incurred by the State. 

Border State infrastructure.—The Department shall encourage 

States using Federal funds designated for border-State infrastructure to ensure participation of city and county governments along 

the U.S.-Mexico border in project selection processes. The Committee directs the Department to report to the House and Senate 

Committees on Appropriations within 60 days of enactment of this 

Act on its progress. 

Transportation infrastructure and military installations.—States 

and local communities have historically been responsible for costs 

associated with construction and maintenance of off-base surface 

transportation and other transportation infrastructure surrounding 

Department of Defense installations. This infrastructure serves two 

purposes: to support civilian life and the neighboring military installation’s operations. The Committee directs the Department of 

Transportation, in conjunction with the Department of Defense, to 

compose a report on the state of transportation safety, economic 

competitiveness, quality of life, environmental protection, and state 

of good repair of off-base surface transportation surrounding Department of Defense installations with recommendations for improvements. 

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Appropriation, fiscal year 2019 ......................................................... $46,007,596,000 

Budget request, fiscal year 2020 ....................................................... 47,104,092,000 

Recommended in the bill ................................................................... 47,104,092,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +1,096,496,000 

Budget request, fiscal year 2020 ................................................... – – – 

COMMITTEE RECOMMENDATION

The Committee recommends a liquidating cash appropriation of 

$47,104,092,000. This is the amount required to pay the outstanding obligations of the highway program at levels provided in 

this Act and prior appropriations Acts. 

36 

HIGHWAY INFRASTRUCTURE PROGRAMS

Appropriation, fiscal year 2019 ......................................................... $3,250,000,000 

Budget request, fiscal year 2020 ....................................................... 300,000,000 

Recommended in the bill ................................................................... 1,750,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... ¥1,500,000,000 

Budget request, fiscal year 2020 ................................................... +1,450,000,000 

The FAST Act provides contract authority for programs administered by FHWA and funded from the Highway Trust Fund. This 

account provides additional funds from the general fund of the 

Treasury for certain programs funded by formula under the FAST 

Act and other important safety and management priorities administered by the FHWA. 

COMMITTEE RECOMMENDATION

The Committee recommends $1,750,000,000 for Highway Infrastructure Programs. The following table provides funding levels for 

activities within this account: 

Request Recommendation 

Competitive Bridge Program ........................................................................................... $300,000,000 – – – 

Surface Transportation Block Grant ................................................................................ – – – 1,493,100,000 

Puerto-Rico—Surface Transportation Block Grant ......................................................... – – – 5,451,000 

Territories—Surface Transportation Block Grant ............................................................ – – – 1,449,000 

Nationally Significant Federal Lands and Tribal Projects .............................................. – – – 166,000,000 

Competitive Grants for Highway Grade-Crossings .......................................................... – – – 50,000,000 

Advanced Digital Construction Management System ..................................................... – – – 15,000,000 

Regional Infrastructure Accelerator ................................................................................. – – – 12,000,000 

National Road Network Pilot Program ............................................................................. – – – 5,000,000

Study on Tribal Transportation ........................................................................................ – – – 2,000,000 

Total ........................................................................................................................ 300,000,000 1,750,000,000 

Nationally Significant Federal Lands and Tribal Projects.—Notwithstanding section 1123 of the FAST Act, funds appropriated by 

this Act for the Nationally Significant Federal Lands and Tribal 

Projects under section 1123 of the FAST Act shall be prioritized to 

maintain and repair roadways that have a higher than average 

daily use by commuters and non-recreation visitation. Grants shall 

also prioritize roadways that in the prior fiscal year have been 

closed or had speed reductions due to unsafe travel conditions as 

a result of the roadway’s infrastructure condition and maintenance. 

Study on Tribal transportation.—The Committee provides 

$2,000,000 for research that leads to decreases in highway and pedestrian fatalities among tribal populations. This research should 

build on reports mandated in the FAST Act and should be competitively awarded to State governments, academic institutions, or nonprofits with both existing partnerships among tribal governments 

and which have traffic safety and transportation research expertise. Research should focus on priority areas identified in FHWA’s 

2018 report ‘‘Options for Improving Transportation Safety in Tribal 

Areas’’. 

National Road Network Pilot Program.—The Committee provides $5,000,000 for a National Road Network Pilot Program. Under the 

pilot program, the Committee directs FHWA to create a dataset 

which should support interagency use. As part of that dataset, 

FHWA should complete outreach to States to assist with improved 

37 

and standardized reporting of data that are attached to their linear 

road networks. FHWA may connect to databases produced by 

States or other Federal agencies to provide real-time information. 

The Committee intends for purchases of software and hardware to 

be eligible expenses under this heading. 

Advanced Digital Construction Management Systems.—Advanced 

Digital Construction Management Systems are defined as commercially-proven digital technologies and processes for management of 

construction and engineering activities, including systems for infrastructure planning and coordination, construction, maintenance, 

modernization and management, asset management systems for 

machines, site equipment, and personnel. Project delivery systems 

for project management are also included. The Committee intends 

for software, hardware, services, and employee training on the use 

and management of Advanced Digital Construction Management 

Systems to be eligible expenses under this heading. 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

Section 120 distributes obligation authority among Federal-aid 

highway programs. 

Section 121 credits funds received by the Bureau of Transportation Statistics to the Federal-aid highways account. 

Section 122 provides requirements for any waiver of the Buy 

America Act. 

Section 123 requires congressional notification before the Department provides credit assistance under the TIFIA program. 

Section 124 requires 60-day notification to the Committees on 

Appropriations of any grants as authorized under 23 U.S.C. 117. 

Section 125 allows State DOTs to repurpose certain highway 

project funding to be used within 5 miles of its original designation. 

Section 126 removes a prohibition on two-way tolling on the 

Verrazzano-Narrows bridge between Brooklyn and Staten Island, 

New York. 

Section 127 removes the annual cap from Emergency Relief for 

Puerto Rico and the United States Territories. 

Section 128 directs FHWA to make determinations on Buy America Waivers that were submitted before April 17, 2018. 

Section 129 repeals a prohibition on removing a bridge in Boston, 

Massachusetts. 

Section 129A clarifies that FHWA should apply penalties for 

States without a State Asset Management Plan only to funds provided in 2019 and after. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

The Federal Motor Carrier Safety Administration (FMCSA) was 

established within the Department of Transportation (DOT) by 

Congress through the Motor Carrier Safety Improvement Act of 

1999. FMCSA’s mission is to promote safe commercial motor vehicle operations and to reduce truck and bus crashes. FMCSA works 

with Federal, State, and local entities, the motor carrier industry, 

highway safety organizations, and the public to further its mission. 

FMCSA resources are used to prevent and mitigate commercial 

vehicle accidents through regulation, enforcement, stakeholder 

training, technological innovation, and improved information sysVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00037 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
38 

tems. FMCSA also is responsible for enforcing Federal motor carrier safety and hazardous materials regulations for all commercial 

vehicles entering the United States along its southern and northern borders. 

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Appropriation, fiscal year 2019 ......................................................... $284,000,000 

Budget request, fiscal year 2020 ....................................................... 288,000,000 

Recommended in the bill ................................................................... 288,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +4,000,000 

Budget request, fiscal year 2020 ................................................... – – – 

This account controls FMCSA’s spending on salaries, operating 

expenses, and research. It provides resources to support motor carrier safety program activities and to maintain the agency’s administrative infrastructure. This funding supports nationwide motor 

carrier safety and consumer enforcement efforts, including the 

Compliance, Safety, Accountability Program, regulation and enforcement of freight transport, and safety enforcement at the 

United States’ borders. These resources also fund regulatory development and implementation, information management, research 

and technology, safety education and outreach, and the safety and 

consumer telephone hotline. 

COMMITTEE RECOMMENDATION

The Committee recommends $288,000,000 for the Operations and 

Programs account, consistent with the amounts authorized in the 

FAST Act. Obligation limitation is available for one year, except for 

$9,073,000 for research and technology which is available for two 

years, until September 30, 2022. 

30-minute rest breaks.—When considering exemptions to the 30 

minute rest break regulation, the Committee encourages FMCSA to 

consider the safety implications of making routine stops during the 

day, of drivers remaining physically active during non-driving periods, and of adding additional vehicle miles operated to the roads. 

Transponder-based weigh station technology report.—The Committee looks forward to receiving FMCSA’s study requested in 

House Report 115–750 on transponder-based electronic screening 

and the effects of replacing that technology with license plate readers. 

Overdue statutorily required rulemaking.—Within three months 

of enactment of this Act, the Committee requests a full report and 

timeline for completion of the outstanding, mandated rules included in the FAST Act and the Moving Ahead for Progress in the 

21st Century (MAP–21) Act (P.L. 112–141). 

39 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2019 ......................................................... $382,800,000 

Budget request, fiscal year 2020 ....................................................... 387,800,000 

Recommended in the bill ................................................................... 388,800,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +6,000,000 

Budget request, fiscal year 2020 ................................................... +1,000,000 

This account controls FMCSA’s spending on motor carrier safety 

grants. Those grants are used to support compliance reviews in the 

States, identify and apprehend traffic violators, conduct roadside 

inspections, and conduct safety audits of new entrant carriers. Additionally, grants are provided to States for improvement of State 

commercial driver’s license oversight activities. 

COMMITTEE RECOMMENDATION

The Committee recommends $388,800,000, for the Federal Motor 

Carrier Safety Grant program, consistent with the amounts authorized in the FAST Act. Obligation limitation is available for one 

year. The following table provides funding levels for activities within this account: 

Request Recommended 

Motor Carrier Safety Assistance program ....................................................................... $308,700,000 $308,700,000 

Commercial Driver’s License Program ............................................................................ 33,200,000 33,200,00 

High Priority Activities Program ...................................................................................... 44,900,000 44,900,000 

Commercial Motor Vehicle Operators Grants .................................................................. 1,000,000 2,000,000 

Total ........................................................................................................................ 387,800,000 388,800,000 

Commercial motor vehicle operators grants.—Local centers of 

education invest these grants in supporting scholarships for veterans and their family members to complete Commercial Driver’s 

License-A programs. As a result, the Committee doubles the funding for such grants. 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

Section 130 requires FMCSA to send notice of 49 CFR section 

385.308 violations by certified mail, registered mail, or some other 

manner of delivery that records receipt of the notice by the persons 

responsible for the violations. 

Section 131 prohibits funds from being used to enforce the requirements of section 31137 of title 49, or any regulation pursuant 

to such section, with respect to carriers transporting livestock or 

insects. 

Section 132 requires FMCSA to update annual inspection regulations to require that rear underride guards be inspected annually. 

Section 133 prohibits funds from being used to review and issue 

a decision on petitions to preempt certain State meal and rest 

break laws. 

40 

Section 134 requires FMCSA to make data on the Compliance, 

Safety, Accountability program publicly available. 

Section 135 prohibits FMCSA from promulgating or enforcing a 

rule that eliminates the 30-minute rest break specified in part 395 

of title 49, Code of Federal Regulations. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

The National Highway Traffic Safety Administration (NHTSA) 

was established in March of 1970 to administer motor vehicle and 

highway safety programs. It was the successor agency to the National Highway Safety Bureau, which was housed in the Federal 

Highway Administration. 

NHTSA’s mission is to save lives, prevent injuries, and reduce 

economic costs due to road traffic crashes through education, research, safety standards, and enforcement activity. To accomplish 

these goals, NHTSA establishes and enforces safety performance 

standards for motor vehicles and motor vehicle equipment, investigates safety defects in motor vehicles, and conducts research on 

driver behavior and traffic safety. 

NHTSA provides grants and technical assistance to State and 

local governments to enable them to conduct effective local highway 

safety programs. Together with State and local partners, NHTSA 

works to reduce the threat of drunk, impaired, and distracted drivers, and to promote policies and devices with demonstrated safety 

benefits including helmets, child safety seats, airbags, and graduated driver’s licenses. 

NHTSA establishes and ensures compliance with fuel economy 

standards, investigates odometer fraud, establishes and enforces 

vehicle anti-theft regulations, and provides consumer information 

on a variety of motor vehicle safety topics. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

OPERATIONS AND RESEARCH

Appropriation, fiscal year 2019 ......................................................... $190,000,000 

Budget request, fiscal year 2020 ....................................................... 151,000,000 

Recommended in the bill ................................................................... 214,073,440 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +24,073,440 

Budget request, fiscal year 2020 ................................................... +63,073,440 

The operations and research appropriation supports vehicle safety programs and NHTSA’s administrative expenses. These programs include research and analysis to establish best practices, 

guidance for vehicle safety, and rulemakings on safety and fuel 

economy standards. The account also includes enforcement of safety regulations including, ensuring industry compliance with motor 

vehicle safety standards, investigations of safety related defects 

and oversight of manufacturer recalls. Many of these programs are 

conducted in partnership with State and local governments, the 

private sector, universities, research units, and various safety associations and organizations. 

COMMITTEE RECOMMENDATION

For vehicle safety programs, funded by the general fund, under 

the operations and research account, the Committee recommends 

41 

$214,073,440, consistent with the amount authorized in the FAST 

Act. Those amounts are available for two years, except for 

$40,000,000 which is available until September 30, 2022. The following table provides funding levels for activities within this account: 

Request Recommendation 

Rulemaking ............................................................................................................ $22,586,000 $43,000,000 

Enforcement ........................................................................................................... 19,542,000 43,000,000 

Research and Analysis .......................................................................................... 32,805,000 48,000,000 

(Research on Automated Driving Systems (non-add)) ......................................... (15,000,000) (18,500,000) 

Administrative Expenses ........................................................................................ 76,067,000 80,073,440 

Total .............................................................................................................. 151,000,000 214,073,440 

Office of Defects Investigation (ODI).—Of the amounts provided 

for enforcement, $32,548,000 shall be for ODI. The Committee is 

deeply concerned that the Department of Transportation Inspector 

General identified that ODI lacks adequate process and oversight 

for passenger vehicle recalls. The Committee directs ODI to 

strengthen its collection and analysis of early warning data and vehicle defects, enhance defect investigations using risk-based process, and increase enforcement to mitigate the impact of serious 

safety defects on drivers. Within 180 days of enactment of this Act, 

the Committee directs NHTSA to report to the Committee as to 

how it will implement these provisions. The Committee provides 

$43,000,000 for enforcement, a $10,000,000 increase over fiscal 

year 2019 and $23,500,000 over the President’s request. 

Autonomous vehicles.—Autonomous vehicles (AVs) have the potential to fundamentally transform transportation networks by reducing the number of lives lost on our roads and by improving mobility options. Research into the safety and operations of these new 

technologies is a key part of NHTSA’s mission. To that end, the 

Committee provides not less than $18,500,000 for NHTSA to continue research on AVs, automated driving systems (ADS), advanced 

driver assistance systems (ADAS), and vehicle electronics and cybersecurity. The Committee anticipates that NHTSA will include 

analysis of both vehicles without drivers and without passengers in 

its analysis. The Committee expects that when making decisions 

about how to utilize funds provided in this Act and by prior appropriation Acts, the Secretary will prioritize the ten AV proving 

grounds that were identified by the Department in January 2017. 

The Committee is concerned that the development of AVs is not 

receiving sufficient oversight from NHTSA. The Committee supports performance based minimum standards for AVs and directs 

NHTSA to collaborate with the Office of the Secretary to ensure 

that AVs are safe for occupants, other drivers, pedestrians and cyclists. The Committee directs NHTSA to report to the House and 

Senate Committees on Appropriations on their plans to collaborate 

within 180 days of enactment of this Act. In addition, the Committee directs NHTSA to develop regulations providing common 

terminology for the identification of vehicles equipped with advanced driver assistance systems and ‘‘highly automated’’ vehicle 

systems. 

The Committee finds that the Department of Transportation 

could more efficiently utilize machine learning and other advanced 

42 

computing methods to support the advanced performance of AVs. 

The Committee encourages NHTSA to pursue a program of research that integrates machine learning and other advanced computing methods that would support State government assessment 

of AV readiness, infrastructure monitoring, and assessments of improved situational awareness and response latency. 

While the Committee recognizes the vast potential of automated 

vehicles, the Committee is concerned that this technological transformation may displace workers who currently earn their living 

driving a vehicle. The Committee encourages DOT to consider the 

potential for job displacement and urges DOT to convene relevant 

public and private stakeholders to develop a national strategy to 

address this issue. 

Truck underride safety research.—The Committee notes that 

NHTSA’s proposed rulemaking in December 2015 to update truck 

rear impact guard requirements cited 362 annual fatalities associated with light vehicle crashes into the rear of trucks. The Committee supports the March 2019 GAO (GAO–19–264) recommendations that NHTSA develop a standardized definition of underride 

crashes and data, share information with police departments on 

identifying underride crashes, establish annual inspection requirements for rear guards, and conduct additional research on side 

underride guards. The Committee directs NHTSA to implement the 

GAO recommendations and to complete a rulemaking to improve 

rear guards to meet the Insurance Institute for Highway Safety 

standards for Toughguard awards. The Committee directs NHTSA 

to continue working with relevant experts and stakeholders, including researchers, engineers, safety advocates, and the trucking industry, to facilitate the deployment and adoption of rear and side 

underride protection devices. 

Crashworthiness research.—The Committee recognizes the importance that lightweight plastics and polymer composites play to improve automotive safety, meet consumer demand for innovative vehicles, increase fuel efficiency, and support new U.S. highly skilled 

manufacturing jobs. NHTSA is encouraged to focus on updating the 

countermeasures in its frontal, side, rollover, front seatbacks and 

lower interior impacts for children and small adults as well as pedestrian crashworthiness projects, with an emphasis on vehicle 

lightweighting in both traditional and autonomous vehicle structural designs. NHTSA should leverage lessons learned from lightweight materials research at the Department of Transportation, 

the Department of Energy, and by industry stakeholders in its development of safety-centered approaches for future lightweight 

automotive design. 

Automatic emergency brakes.—The Committee finds that including automatic emergency brakes on vehicles can reduce front-torear traffic incidents by more than 50 percent. On October 16, 

2015, NHTSA accepted a petition to complete a rulemaking on 

automatic emergency brakes. In order to facilitate the rulemaking, 

the Committee directs NHTSA to initiate and complete field operational testing of automatic emergency braking technology on commercial motor vehicles by December 31, 2021, and to update the 

House and Senate Committtees on Appropriations regarding the 

findings of the testing. 

43 

Overdue rulemaking.—The Committee is extremely concerned by 

NHTSA’s lack of progress on critical rulemakings that the agency 

has been directed to complete in both the FAST Act and MAP–21. 

To address these overdue rulemakings, the Committee has provided $43,000,000 for rulemakings, and directs NHTSA to complete 

rulemakings that are overdue based on the April 2019 Significant 

Rulemaking Report or the Fall 2018 Semi-Annual Regulatory 

Agenda. In addition, within six months of enactment of this Act, 

the Committee directs the Administrator to submit a full report 

and timeline for completion of the overdue, mandated rules included in the FAST Act and MAP–21. 

Motorcoach safety.—Section 32703 of MAP–21 required DOT to 

issue rules requiring seatbelts on motorcoaches, regulations for roof 

strength, anti-ejection safety countermeasures, and rollover crash 

avoidance. The Committee requests an immediate update on the 

Department’s progress in implementing the motorcoach safety 

standards outlined in MAP–21. 

New Car Assessment Program (NCAP).—Section 24321 of the 

FAST Act directed NHTSA to complete a rulemaking to integrate 

crash avoidance technology information into the safety rating information provided to buyers. The Committee recognizes NCAP has 

encouraged vehicle manufacturers to design higher levels of safety 

into their vehicles and improved consumer awareness of vehicle 

safety. However, the Committee is concerned that crashworthiness 

standards have not kept pace with technological advances that 

have occurred since the last update to NCAP. The Committee encourages NHTSA to update the standards applicable to crash tests 

and the resulting labels that are required on new vehicles. The 

Committee directs NHTSA to report to the House and Senate Committees on Appropriations within 180 days of enactment of this Act 

on plans to update the NCAP standard, and include, but not be 

limited to, a timeline and comparison to Euro NCAP. The Committee also encourages NHTSA to include ratings on pedestrian 

and bicyclist safety, advanced driver assistance systems, and injury 

criteria specific to older occupants when updating NCAP. 

Rear-end collision avoidance systems.—The Committee directs 

NHTSA to study the safety effectiveness of rear-end collision avoidance systems that mitigate and prevent rear-end collisions. Among 

a variety of technologies, the study should include the effectiveness 

of pulsating light systems in motor vehicles. The Committee encourages NHTSA to begin this review within 90 days of enactment 

of this Act. Upon completion of the necessary research, NHTSA 

should initiate a rulemaking to revise Federal Motor Vehicle Safety 

Standards (FMVSS) 108, establish the parameters for the types of 

systems that should be permitted, and issue a minimum performance standard for those systems. 

Digitized odometer disclosure systems.—The Department of 

Transportation estimates that more than 450,000 vehicles are sold 

each year with false odometer readings, costing American car buyers more than $1,000,000,000 annually. MAP–21 required NHTSA 

to adopt schemes for electronic odometer disclosure statements but 

NHTSA has not promulgated the rule. Technologies, including 

blockchain, will permit the odometer validation process to be 

digitized. In order to remove impediments for States that may be 

interested in evaluating the feasibility of odometer disclosures 

44 

based on emerging technologies, including but not limited to 

blockchain, the Committee encourages NHTSA to complete the 

rulemaking by December 31, 2021. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Appropriation, fiscal year 2019 ......................................................... $152,100,000 

Budget request, fiscal year 2020 ....................................................... 155,300,000 

Recommended in the bill ................................................................... 155,300,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +3,200,000 

Budget request, fiscal year 2020 ................................................... – – – 

This account controls NHTSA’s spending from the Highway 

Trust Fund for Highway Safety Research and Development programs. Many of these programs are conducted in partnership with 

State and local governments, the private sector, universities, research units, and various safety associations and organizations. 

Programs funded by this account include research, demonstrations, 

and technical assistance to State and local governments around behavioral aspects of driver, occupant, and pedestrian behavior. This 

account also funds NHTSA’s National Center for Statistics and 

Analysis which collects and analyzes crash data and provides technical assistance to support State highway safety activities. 

COMMITTEE RECOMMENDATION

For behavioral safety research funded by the operations and re- search account, the Committee recommends $155,300,000 in liquidating cash and obligation limitation, consistent with the FAST 

Act. Obligation limitation is available for one year, except for 

$20,000,000 which is available until September 30, 2021. 

Highway fatalities.—Highway fatalities totaled more than 37,100 

in 2017, with alcohol impaired deaths totaling nearly 11,000 and 

speeding related fatalities totaling nearly 10,000. Conquering persistent problems with speed, seat belt use, distraction, and alcohol 

and drug impaired driving requires a joint effort among government, industry stakeholders and law enforcement. Funding and 

programs in this title are intended to address the public health 

need of reducing highway fatalities and injuries. The Committee directs NHTSA to implement a national campaign to reduce highway 

fatalities, working with other Federal agencies, the States, law enforcement, the public health community, industry, and others who 

can contribute to the goal of saving lives in an expedited manner. 

An initial report on the agency’s plans and progress on this campaign should be provided to the House and Senate Appropriations 

Committees no later than 90 days after enactment of this Act. The 

report should include specific goals and any impediments to achieving those goals. 

Road to Zero coalition.—The Committee believes that substantial 

gains in reducing roadway fatalities can be recognized in the coming years through a combination of technology and prioritizing 

safety programs. The Road to Zero coalition, which is supported by 

45 

FHWA, FMCSA, and NHTSA, is committed to a goal of zero fatalities by 2050. This coalition is a broad-based, diverse group comprised of individuals, academia, associations, safety groups, businesses and others. The Committee urges the Department to continue its involvement with and support of the Road to Zero coalition. 

Advanced drunk driving technology.—The Driver Alcohol Detection System for Safety (DADSS) program is vitally important, as 

drunk driving continues to claim more than nearly 11,000 lives annually. An effective technology like DADSS has the potential to 

save 70 percent of those lives. As funding for the research program 

comes to an end this fiscal year, the next step must be to transfer 

the results to auto manufacturers and suppliers who have the realworld expertise to integrate technologies into vehicles as part of the 

ongoing product development process. NHTSA is directed to focus 

future work under the DADSS program on technology transfer so 

the DADSS technology can be made available to the driving public 

as soon as possible. The agency is further directed to provide a plan 

on accomplishing this transfer to the Committee within 180 days 

of enactment of this Act. 

Drug-impaired driving.—As drugged driving remains a growing 

concern due to the increase in States legalizing marijuana use and 

the persistence of the opioid crisis, the Committee supports the recommendations of the National Transportation Safety Board that 

DOT work with the Department of Health and Human Services to 

develop an impairment standard for drugs. The Committee urges 

NHTSA to coordinate research efforts with the States and other 

partners aimed at developing a reliable standard for all types of 

impaired driving, including marijuana impairment. The Committee 

directs NHTSA to continue its research efforts aimed at identifying 

and documenting drug-impaired drivers. 

The Committee recognizes that developing a standard measurement of marijuana impairment, similar to blood alcohol concentration, remains unlikely in the near term and that resources are well 

spent on increasing law enforcement officers’ ability to detect driver 

impairment for multiple substances. The Committee directs 

NHTSA to continue to robustly support police training programs, 

particularly Drug Recognition Expert (DRE) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training, and to 

prioritize the study and development of a standardized field sobriety test (SFST) to detect marijuana impairment. These programs 

support law enforcement identification of people who may be impaired due to marijuana or other drugs. Of the amounts provided 

under the description Impaired and Drug Impaired Driving as part 

of NHTSA’s Highway Safety Programs, the Committee provides an 

additional $250,000 under this heading to support DRE and 

ARIDE. 

Child hyperthermia.—The Committee is deeply concerned about 

the ongoing crisis involving children dying of hyperthermia after 

being left alone in motor vehicles. NHTSA must pursue a twopronged strategy of public education and technology solutions. Continued public education activities should include aggressive media 

and community outreach and dynamic highway message signs during the hot weather season. NHTSA should encourage States with 

high numbers of fatalities to implement state-wide task forces to 

46 

address the problem. Because any technology solutions will take 

years to phase into the vehicle fleet, the Committee directs NHTSA 

to encourage the automotive industry to voluntarily offer warning 

and alert systems which can help prevent these deaths. 

The Committee directs NHTSA to continue to conduct a high-visibility media campaign on child hyperthermia with a special emphasis on the 15 States with the highest number of child heatstroke fatalities in 2017 and 2018. The Committee further directs 

NHTSA to immediately provide a status update to the House and 

Senate Committees on Appropriations regarding NHTSA’s activities and plans for combating child hyperthermia. Of the amounts 

made available under this heading, no less than $1,500,000 shall 

be available for such a media campaign. 

High-risk vehicle events.—For two decades automobile incidents 

have been a leading cause of death and injuries for members of law 

enforcement. Pursuit fatalities on our nation’s roads and highways 

have increased for the last four years with a 22 percent spike over 

2013. While NHTSA currently collects data on first responder vehicles that are involved in fatalities during police-pursuits, that data 

is subject to significant underreporting. The Committee directs 

NHTSA, in partnership with police jurisdictions, to conduct a study 

that would lead to the development of accurate reporting and analyses of crashes that involve police pursuits. 

Drinking age in Puerto Rico and the U.S. Virgin Islands.—The 

Committee directs DOT to update the Committee not later than 

120 days after enactment of this Act regarding policy proposals or 

initiatives that the Department believes would lead the territories 

to implement a drinking age of 21 years of age. The Committee directs NHTSA to coordinate with the FHWA in order to include information about the amount of funds that Puerto Rico has not received over the last ten years due to the penalties imposed as a result of having a drinking age of 18. The Committee further encourages NHTSA to work with the governments of Puerto Rico and U.S. 

Virgin Islands to determine existing impediments and possible solutions to implementing a 21-year-old drinking age. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Appropriation, fiscal year 2019 ......................................................... $610,208,000 

Budget request, fiscal year 2020 ....................................................... 623,017,000 

Recommended in the bill ................................................................... 623,017,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +12,809,000 

Budget request, fiscal year 2020 ................................................... – – – 

This account controls NHTSA’s spending on grants to States that 

were authorized in the FAST Act. The grant programs include: 

Highway Safety Programs, the National Priority Safety Program, 

and the High Visibility Enforcement Program. These grants provide flexible funding to States that develop a Highway Safety plan 

to address State highway safety issues. This account also includes 

incentive grants to States that meet specific statutory criteria in 

47 

areas such as impaired and distracted driving, occupant protection, 

motorcyclist safety, and nonmotorized safety. 

COMMITTEE RECOMMENDATION

The Committee recommends $623,017,000 in liquidating cash 

from the Highway Trust Fund to pay outstanding obligations of the 

Highway Traffic Safety Grant programs at the levels provided in 

this Act and prior appropriations Acts. The Committee also recommends limiting the obligations from the Highway Trust Fund in 

fiscal year 2020 for the Highway Traffic Safety Grants to 

$623,017,000. These levels are consistent with the amounts in the 

FAST Act and the budget request. The following table provides 

funding levels for activities within this account: 

Request Recommenda- tion 

State and Community Highway Safety Grants .................................................................... $279,800,000 $279,800,000 

National Priority Safety Programs ....................................................................................... 285,900,000 285,900,000 

High Visibility Enforcement Program .................................................................................. 30,500,000 30,500,000 

Administrative Expenses ...................................................................................................... 26,817,000 26,817,000 

Total ............................................................................................................................ 623,017,000 623,017,000 

Safety promotional materials.—For the purpose of Federal grants 

administered by NHTSA, safety equipment purchased for traffic 

safety educational trainings, such as child car seats, bicycle helmets and lights, and reflective vests, shall not be considered promotional materials or memorabilia. 

Distracted driving.—Distracted driving continues to be a significant safety problem on our roadways. The Committee finds that 

distraction plays a role in almost ten percent of fatal traffic crashes 

that occur in the United States. In order to educate people about 

the dangers of distracted driving, NHTSA provides vital grants to 

States and conducts media campaigns to educate the public about 

the dangers of distracted driving. The Committee continues to fund 

NHTSA programs that support State efforts to educate the public 

and to enforce laws promoting safe driving habits and prevent unnecessary deaths. Further, the Committee urges the Secretary, in 

conjunction with other agencies, to complete guidelines promulgated in 2016 to address driver distraction caused by mobile devices in vehicles, especially through the use of driver-modes. The 

Act provides $24,000,000 for distracted driving grants under 23 

U.S.C. 405. 

High visibility enforcement campaigns.—High visibility enforcement campaigns are an effective, evidence-based, traffic safety 

countermeasure. The Committee continues to support these campaigns and provides substantial resources to conduct them 

throughout the year. The Click It or Ticket high visibility enforcement campaign has played a significant role in achieving the current national seat belt use rate of approximately 90 percent and 

also aims to increase the use of child safety seats. The Committee 

encourages NHTSA to expand messaging about the use of child 

safety seats in national and State Click It or Ticket activities, as 

part of Child Passenger Safety week, or through other appropriate 

venues. 

48 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

Section 140 provides limited funding for travel and related expenses associated with State management reviews and highway 

safety core competency development training. 

Section 141 exempts from the current fiscal year’s obligation limitation any obligation authority that was made available in previous public laws. 

Section 142 prohibits funds from being used to mandate global 

positioning system tracking without providing full and appropriate 

consideration of privacy concerns under 5 U.S.C. Chapter 5, subchapter II. 

Section 143 provides additional funding for highway safety programs. 

Section 144 provides additional funding for a study on children 

in vehicles equipped with automated driving systems. 

Section 145 prohibits funds from being used to finalize or enforce 

‘‘The Safer Affordable Fuel-Efficient Vehicles Rule.’’ 

Section 146 prohibits funds from being used to enforce certain 

State maintenance of effort requirements under 23 U.S.C. 405. 

FEDERAL RAILROAD ADMINISTRATION

The Federal Railroad Administration (FRA) was established by 

the Department of Transportation Act, on October 15, 1966. FRA 

plans, develops, and administers programs and regulations to promote the safe operation of freight and passenger rail transportation 

in the United States. The U.S. freight railroad system consists of 

over 600 railroads with 167,000 employees, and 140,000 miles of 

track, which deliver approximately 5,000,000 tons of goods each 

day. In addition, FRA oversees grants to the National Railroad 

Passenger Corporation (Amtrak) with the goal of assisting Amtrak 

with improving its passenger rail service and physical infrastructure. 

SAFETY AND OPERATIONS

Appropriation, fiscal year 2019 ......................................................... $221,698,000 

Budget request, fiscal year 2020 ....................................................... 213,134,000 

Recommended in the bill ................................................................... 226,698,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +5,000,000 

Budget request, fiscal year 2020 ................................................... +13,564,000 

The Safety and Operations account provides funding for FRA’s 

safety program activities related to passenger and freight railroads. 

Funding also supports salaries and expenses and other operating 

activities related to FRA staff and programs. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $226,698,000 for the 

Safety and Operations account. Of the amount provided under this 

heading, $20,000,000 is available until expended. The following 

table provides funding levels for activities within this account. 

Request Recommendation 

Safe Transportation of Energy Products ......................................................................... – – – $2,000,000

49 

Request Recommendation 

Automated Track Inspection Program and Data Analysis .............................................. $9,500,000 16,500,000 

Railroad Safety Information System and Front End Interface ........................................ 3,700,000 4,800,000 

Positive Train Control Support Program .......................................................................... 13,000,000 13,000,000 

Confidential Close Call Reporting System ...................................................................... 2,600,000 3,000,000 

Trespasser Prevention Strategy and Risk Model ............................................................. 650,000 650,000 

Highway-rail Grade Crossing Safety ............................................................................... 1,000,000 1,000,000 

National Bridge System Inventory Update and Model Modification ............................... 600,000 600,000 

Competitive grants and staffing.—The Committee remains concerned with the Department’s slow pace in executing FRA’s competitive grant programs. The Committee notes with disappointment 

that FRA has failed to select projects for three competitive grant 

programs with more than $640,000,000 in fiscal year 2017 and fiscal year 2018 appropriated funding available. To date, FRA has 

also failed to issue a single Notice of Funding Opportunity (NOFO) 

for four competitive grant programs with $670,000,000 in fiscal 

year 2019 appropriated funding available. The Committee recognizes that competitive grant programs require dedicated staff to 

issue NOFOs, review applications, and select projects for awards. 

Therefore, the Committee recommendation provides $1,500,000 for 

the Office of Railroad Policy and Development to hire additional 

staff to support the review, selection, and project management 

oversight of competitive grants. FRA shall deliver a report to the 

House and Senate Committees on Appropriations within 120 days 

of enactment of this Act detailing staffing and hiring plans for fiscal year 2020 to support this work. 

Safe transportation of energy products.—The Committee recommendation supports FRA’s safe transportation of energy products programs, which include safety inspectors, safety route managers and tank car quality assurance specialists, tank car research, 

and increased mileage of the Automated Track Inspection Program 

on routes that carry energy products. 

Automated Track Inspection Program (ATIP).—ATIP uses track 

geometry measurement vehicles to automatically measure track 

conditions which supplement the work of FRA inspectors to ensure 

railroads are compliant with FRA Track Safety Standards. The 

Committee recommendation supports the inspection of passenger 

rail routes, commuter rail routes, and routes that carry energy 

products and other hazardous materials, and further enhancements 

to ATIP’s inspection capabilities. The Committee notes that funds 

provided for the ATIP program in fiscal year 2020 are available to 

inspect tracks and analyze data from ATIP operations and inspections. 

Positive Train Control (PTC).—The Committee notes that significant progress has been made by railroads, passenger railroads, and 

commuter railroads to implement PTC, with PTC systems in operation on almost 46,000 of the nearly 58,000 route miles required 

under the Rail Safety Improvement Act of 2008 (P.L. 110–432) as 

of December 31, 2018. The Committee commends the four railroads 

that fully implemented an FRA-certified and interoperable PTC 

system on all of their required route miles by December 31, 2018, 

and notes that 37 railroads requested and received approval from 

FRA for an Alternative Schedule. FRA and railroads must now 

focus on addressing software issues and achieving PTC interoperability. As of December 31, 2018, only 16 percent of approximately 

50 

233 host-tenant railroad relationships had achieved PTC interoperability. The Committee directs FRA to continue to work with railroads on PTC testing and interoperability, provide technical assistance, actively monitor industry-wide progress, and take enforcement actions, including civil penalties, as necessary. In addition, 

the Committee directs FRA to continue to brief the House and Senate Committees on Appropriations on progress by railroads to implement PTC. Such briefings should occur at least every 90 days 

until December 31, 2020. 

Confidential Close Call Reporting System (C3RS).—The Committee commends FRA for its efforts to increase participation in 

C3RS, a voluntary program that enables participating railroads 

and their employees to identify, analyze, and mitigate safety risks 

and improve safety culture. C3RS also provides a confidential 

mechanism for industry-wide information sharing and best practices. The Committee continues to direct FRA to work with railroads and their employees to explore ways to increase participation 

in C3RS. 

Trespasser prevention.—Pedestrian trespassing on railroad property is the leading cause of all rail-related fatalities, and there has 

been no progress in reducing the number of deaths from pedestrian 

trespassing. In February 2019, FRA submitted a report to Congress 

on the National Strategy to Prevent Trespassing on Railroad Property as required in House Report 115–237. The report found that 

annual trespass-related pedestrian fatalities, excluding suicides, 

have increased 18 percent from 2012 to 2017; 74 percent occurred 

within 1,000 feet of a grade crossing; and 14 percent occurred in 

10 counties in four States. The Committee remains concerned with 

these trends, and directs FRA to work with communities, State and 

local agencies, law enforcement, railroads, advocacy organizations, 

and others to complete the milestones outlined in the National 

Strategy. Further, the Committee directs FRA to update the report 

to Congress with the most current data available, FRA’s progress 

on the milestones, and any potential new initiatives to reduce trespasser fatalities. The updated report shall be submitted no later 

than June 30, 2020. 

The Committee understands information from railroads, like confidential close call reporting, could improve FRA’s ability to identify 

areas that are at high risk of trespasser accidents. The Committee 

recognizes that there are valid concerns by railroads and their employees with sharing such data with FRA. Therefore, the Committee encourages FRA to develop a rail information sharing mechanism which would enable data collection, deidentification, and 

analysis by a third-party in a confidential manner. 

Highway-rail grade crossing safety.—Highway-rail grade crossing 

collisions are the second leading cause of all rail-related fatalities 

in the United States. There are over 252,000 highway-rail grade 

crossings in the U.S., of which about 129,800 are located on publicly owned or maintained roads. More than half of all public crossings are equipped with active warning devices, however, 68 percent 

of collisions occur at crossings with active, functional warning devices. The Committee understands FRA is working with railroads, 

technology developers and manufacturers, State and local agencies, 

law enforcement, and others to identify technology solutions and 

barriers to implementing technologies to improve the safety of 

51 

highway-rail grade crossings. The Committee looks forward to the 

results of FRA’s stakeholder engagement, and directs FRA to brief 

the House and Senate Committees on Appropriations within 120 

days of enactment of this Act on potential technology solutions and 

recommendations relating to the implementation of such technologies. Further, the Committee encourages FRA to continue public outreach and education programs, and to increase law enforcement partnerships to help reduce the number of highway-rail grade 

crossing collisions. 

Blocked railroad crossings.—The number of complaints the Surface Transportation Board’s Rail Customer and Public Assistance 

Program fielded relating to railroad blocked crossings jumped from 

eight in 2016 to 85 in 2018. Further, the Committee understands 

FRA has received nearly 1,000 formal complaints over the past 

three fiscal years on blocked railroad crossings. The Committee is 

concerned with the increase in the prevalence of railroad crossings 

blocked by trains, and the potential impacts to communities and 

safety. The Committee directs FRA to work with State and local 

agencies, law enforcement, railroads, and others to examine this 

problem, collect data, identify trends, and develop recommendations to reduce the number and frequency of blocked railroad crossing occurrences. FRA is directed to brief the House and Senate 

Committees on Appropriations within 180 days of enactment of this 

Act on its progress on these actions. 

On-time performance.—A significant obstacle to establishing new 

passenger rail service or adding frequencies is the ability to obtain 

reliable access to host railroad tracks. The Committee recognizes 

the challenges host railroads face in balancing the demands of passenger and freight trains, which can impact on-time performance. 

These challenges are regularly seen in Amtrak’s existing service. In 

fiscal year 2018, Amtrak’s long-distance trains were on time at stations only 44 percent of the time, while Amtrak’s state-supported 

trains were on time about 80 percent of the time. Congress sought 

to address on-time performance in the Passenger Rail Investment 

and Improvement (PRIIA) Act of 2008 (P.L. 110–432), and closely 

followed FRA’s and Amtrak’s efforts to develop new or improve existing metrics and minimum standards for measuring the performance and service quality of intercity passenger train operations as 

required under section 207 of PRIIA. This culminated in FRA publishing Metrics and Standards for Intercity Passenger Rail Service 

in May 2010. Following several years in Federal court, the Committee understands that a 2018 ruling would allow FRA and Amtrak to carry out the directives in section 207 of PRIIA. Therefore, 

the Committee directs FRA to work with Amtrak, the Surface 

Transportation Board, and others to develop such metrics and 

standards and encourages FRA to conduct a process similar to the 

development and adoption of the 2010 metrics and standards, including working jointly with Amtrak, soliciting the views of railroads, seeking public comment, and publishing final metrics and 

standards. 

Chicago-area on-time performance.—The Chicago-area rail system is unique in its complexity, with about 500 freight trains and 

760 passenger trains passing through the region each day. Freight 

trains from six Class I railroads, passenger trains from Amtrak, 

and commuter trains frequently interact and use the same tracks, 

52 

which can result in on-time performance challenges. The Committee directs FRA to work with railroads, Amtrak, and commuter 

railroads to review on-time performance, identify potential issues 

contributing to the frequency and length of delays, and develop recommendations on addressing these challenges. FRA is directed to 

brief the House and Senate Committees on Appropriations within 

180 days of enactment of this Act on its progress on these actions. 

Amtrak grant agreements.—The Committee acknowledges that 

FRA has a responsibility to conduct oversight of grants to Amtrak. 

However, it appears FRA began including new language in Amtrak’s grant agreement documentation in fiscal year 2018 which requires FRA approval of financial plans through grant amendments 

before Amtrak may begin using appropriated funding for major 

construction on certain capital projects. While previous grant 

agreements have included procedures for approving capital projects 

and project reprogramming above certain monetary thresholds to 

ensure Amtrak’s use of Federal funding were consistent with Federal law and regulations, this new and additional layer of approval 

required by FRA in fiscal year 2018 and again in fiscal year 2019 

appears to be unnecessary. The Committee is concerned this 

change inserts FRA into Amtrak’s selection and prioritization process for capital spending, which has been the role of Amtrak management and the Amtrak Board of Directors (Board), of which the 

Secretary is a member. The Committee is concerned that this new 

grant agreement requirement sets a precedent that reaches beyond 

the intended statutory framework for grants to Amtrak, and could 

give greater weight to FRA’s decisions on financial plans than the 

Board. The Committee directs FRA to respect the existing statutory 

structure which vests the Board with decision-making powers relating to capital project selection and prioritization, including financial plans, and reminds the Department that its seat on the Board 

is the appropriate place to express FRA’s support or concern with 

specific capital projects. 

Quad Cities to Chicago passenger rail service.—The Committee is 

encouraged by recent progress in negotiations between the State of 

Illinois and the Iowa Interstate Railroad relating to planning for 

new Chicago to Quad Cities state-supported intercity passenger 

rail service. Therefore, the Committee rejects the rescissions to the 

Capital Assistance for High Speed Rail Corridors and Intercity Passenger Rail Service program proposed in the budget request, and 

strongly reminds the Department that this fiscal year 2010 appropriated funding is available until expended. Further, the Committee directs FRA to work with grantees to reach agreement on 

a multi-year extension of existing grant agreements in order to ensure funds appropriated by Congress are utilized. 

New transportation projects utilizing existing corridors.—The 

Committee is aware that metropolitan planners may seek to utilize 

existing transportation corridors in proposing new transportation 

projects, including high speed rail. The Committee notes that documentation of historic disruption of affected communities and potential negative impacts to communities are to be considered in the 

documentation required under the National Environmental Policy 

Act (NEPA). The Committee directs the Department to ensure 

NEPA documentation for projects which propose to utilize existing 

transportation corridors includes documentation of the effects of 

53 

the historic disruption of affected communities. Further, the Committee encourages the Department to evaluate the impact of new 

transportation projects and their utilization of existing corridors 

and to provide recommendations on ways to mitigate community 

disruption from construction and operation of new transportation 

projects in existing transportation corridors, including high speed 

rail projects. 

Safe transportation of waste and debris.—The Committee recognizes the potential health and environmental impacts of railroads 

transporting waste and debris. Therefore, the Committee encourages FRA to work with railroads, the Pipeline Safety and Hazardous Materials Administration, and other Federal agencies, such 

as the U.S. Environmental Protection Agency, to ensure the safe 

transportation of waste and debris by rail. 

Train horn noise.—In March 2016, FRA initiated a retrospective 

review of its locomotive train horn regulations through a Notice of 

Safety Inquiry. The Committee directs FRA to finalize this retrospective review, and if warranted by the review, move forward with 

a notice of proposed rulemaking. 

RAILROAD RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2019 ......................................................... $40,600,000 

Budget request, fiscal year 2020 ....................................................... 19,000,000 

Recommended in the bill ................................................................... 41,600,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +1,000,000 

Budget request, fiscal year 2020 ................................................... +22,600,000 

The Railroad Research and Development program provides 

science and technology support for FRA’s policy and regulatory efforts. The program’s objectives are to reduce the frequency and severity of railroad accidents through scientific advancement, and to 

support technological innovations in conventional and high speed 

railroads. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $41,600,000 for the 

Railroad Research and Development program. The Committee directs FRA to conduct research and development activities in all disciplines, including track, rolling stock, train control and communications, human factors, and railroad systems issues, in order to 

maximize gains in rail safety and encourages FRA to prioritize 

technologies that improve safety in all areas of railroad operations. 

Safe transportation of energy products.—The Committee provides 

$2,500,000 for FRA to research and mitigate risks associated with 

the transportation of crude oil, ethanol, liquefied natural gas 

(LNG), and other hazardous materials, including tank car research 

in partnership with other Federal agencies. 

The Committee is aware of efforts to develop methods to safely 

use LNG as a fuel for locomotives and to transport LNG in bulk 

in tank cars. Therefore, the Committee directs FRA, in collaboration with the Pipeline and Hazardous Materials Safety Administration, to continue to support cooperative research on the safe use of 

LNG in these applications which could inform the development of 

new regulations. 

54 

Positive Train Control (PTC) and cyber security.—FRA’s research 

and development activities continue to advance PTC technologies, 

including interoperability and cyber security protection. The Committee urges FRA to establish enhanced cyber security methods, 

standards, and best practices for PTC systems and future versions 

of this technology. This could include identifying vulnerabilities 

and preparing for threats that could arise from updates and the 

migration to future designs of this technology. 

Trespasser prevention and highway-rail grade crossing safety.— 

As previously noted, the Committee is concerned that the two leading causes of all rail-related fatalities continues to be pedestrian 

trespassing and collisions at highway-rail grade crossing intersections. The Committee urges FRA to continue research and development activities which could improve trespass detection and prevention, including at or near highway-rail grade crossings, and assist 

with FRA’s National Strategy to Prevent Trespassing on Railroad 

Property. In addition, the Committee urges FRA to continue research and development activities on grade crossing technology and 

engineering solutions, including human interactions with such 

technology. 

Short-line safety.—The Committee provides $3,000,000 to improve safety practices and training and develop safety management 

systems for Class II and Class III freight railroads. This funding 

supports FRA’s initiative to partner with short-line and regional 

railroads to build a stronger, more sustainable safety culture 

through safety culture assessments; training and education, including on the safe transportation of energy products and other hazardous materials; outreach activities; and research. Recognizing the 

success of this initiative, the Committee directs FRA to provide a 

report to the House and Senate Committees on Appropriations 

within 120 days of enactment of this Act on the feasibility of expanding safety culture assessments and training to tourist railroads, passenger railroads, and commuter railroads, including the 

need for such support, resources required to carry out such work, 

and other potential safety challenges the initiative could address. 

Research partnerships with universities.—The Committee provides up to $5,000,000 for partnerships with qualified universities 

for research related to improving the safety, capability, and efficiency of rail infrastructure, of which $1,000,000 is to facilitate research with universities on intelligent railroad systems. This includes basic and applied research on rolling stock, operational reliability, infrastructure, inspection technology, maintenance, energy 

efficiency, the development of rail safety technologies such as PTC, 

grade crossing safety improvements, and derailment prevention, 

particularly for trains carrying passengers and hazardous materials. Research conducted in conjunction with FRA at universities 

should also facilitate the education and training of the next generation of professionals in rail engineering and transportation. 

System safety and risk reduction programs.—The Committee recognizes that continued investments in critical rail infrastructure 

programs will make rail infrastructure, equipment, and the operating environment safer. Therefore, the Committee urges FRA to 

continue prioritizing investments in the development of technologies designed to verify the functional performance of complex 

electronic systems such as: PTC, automated train control, pasVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00054 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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senger door control, railroad crossing equipment, communication 

systems, train and locomotive systems, train environmental control, 

railcar signs, infrastructure maintenance, and monitoring systems. 

The Committee recognizes the importance of deploying these technologies in new and existing systems and acknowledges investments made in such technologies by cities, transportation agencies, 

and railroads across the country. The Committee urges FRA to continue working with industry to develop standardized performance 

specifications, test and verification processes, and maintenance and 

diagnostics tools for such systems. 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Railroad Rehabilitation and Improvement Financing (RRIF) 

program was established in the Transportation Equity Act for the 

21st Century (P.L. 105–178) to provide direct loans and loan guarantees to State and local governments, government-sponsored entities, and railroads. Credit assistance under the program may be 

used for rehabilitating or developing rail equipment and facilities, 

developing or establishing intermodal facilities, and transit-oriented development. 

COMMITTEE RECOMMENDATION

The Committee recommendation extends the deadline by which 

the Secretary may provide direct loans and loan guarantees for 

transit-oriented development projects until September 30, 2020. 

Further, the Committee recommendation allows the credit risk premium for RRIF loans to be eligible for grants under the National 

Infrastructure Investments account. 

FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR

Appropriation, fiscal year 2019 ......................................................... $400,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 350,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... ¥50,000,000 

Budget request, fiscal year 2020 ................................................... +350,000,000 

The Fixing America’s Surface Transportation (FAST) Act (P.L. 

114–94) authorized the Federal-State Partnership for State of Good 

Repair grant program under section 11302. The purpose of these 

grants is to reduce the state of good repair backlog on publicly- or 

Amtrak-owned infrastructure, equipment, and facilities. Eligible activities include capital projects to: (1) replace existing assets inkind or with assets that increase capacity or service levels; (2) ensure that service can be maintained while existing assets are 

brought into a state of good repair; and (3) bring existing assets 

into a state of good repair. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $350,000,000 for the 

Federal-State Partnership for State of Good Repair grant program. 

The Committee remains concerned with the Department’s slow 

pace in selecting projects to receive funding appropriated in fiscal 

years 2017 and 2018, and in issuing the Notice of Funding Opportunity (NOFO) for funding appropriated in fiscal year 2019. The 

Committee directs the Secretary to publish a NOFO consistent 

56 

with the eligibility requirements in the FAST Act for fiscal year 

2020 no later than 30 days after enactment of this Act, to review 

all applications received in response to the NOFO, and to make 

awards to eligible grantees no later than 180 days after enactment 

of this Act. 

CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

Appropriation, fiscal year 2019 ......................................................... $255,000,000 

Budget request, fiscal year 2020 ....................................................... 330,000,000 

Recommended in the bill ................................................................... 350,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +95,000,000 

Budget request, fiscal year 2020 ................................................... +20,000,000 

Authorized under section 11301 of the FAST Act, the purpose of 

the Consolidated Rail Infrastructure and Safety Improvements 

(CRISI) grant program is to improve the safety, efficiency, and reliability of passenger and freight rail transportation systems. Eligible activities include a wide range of capital, regional and corridor 

planning, environmental analyses, research, workforce development, and training projects. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $350,000,000 for the CRISI grant program. Of the total funds provided, $40,000,000 is 

for eligible projects under section 22907(c)(5) for commuter railroads that experienced at least one accident investigated by the 

National Transportation Safety Board between January 1, 2008 

and December 31, 2018 and $55,000,000 is for eligible projects 

under section 22907(c)(2) that require the acquisition of rights-ofway, track, or track structure to support the development of new 

intercity passenger rail service routes. 

The Committee remains concerned with the Department’s slow 

pace in selecting projects to receive funding appropriated in fiscal 

year 2018, and in issuing the Notice of Funding Opportunity 

(NOFO) for funding appropriated in fiscal year 2019. The Committee directs the Secretary to publish a NOFO for fiscal year 2020 

no later than 30 days after enactment of this Act, to provide applicants 60 days to respond to the NOFO, and to make awards to eligible grantees no later than 180 days after enactment of this Act. 

Positive Train Control (PTC).—As previously noted, significant 

progress has been made by railroads, passenger railroads, and commuter railroads to implement PTC, however, challenges relating to 

software issues and PTC interoperability continue to exist. The 

Committee is particularly encouraged by the efforts of commuter 

railroads to implement PTC, and directs FRA to continue to provide technical assistance to commuter railroads as they move toward full implementation. The Committee reminds FRA that the 

deployment of PTC is an eligible project under section 22907(c)(1), 

and PTC eligibility is expanded to include commuter railroads. 

Inland ports of entry.—The Committee recognizes that communities with high volume international inland ports on the U.S.- 

Mexico border face unique transportation challenges caused by 

international trade and international crossings. The Committee encourages FRA to consider the impacts of these freight movements, 

including traffic, highway-rail grade crossings, congestion, and 

57 

safety. Further, the Committee directs FRA to report to the House 

and Senate Committees on Appropriations within 60 days of enactment of this Act on the impacts of freight movements at high volume international inland ports of entry on traffic, highway-rail 

grade crossings, congestion, and safety. 

RESTORATION AND ENHANCEMENT GRANTS

Appropriation, fiscal year 2019 ......................................................... $5,000,000 

Budget request, fiscal year 2020 ....................................................... 550,000,000 

Recommended in the bill— ................................................................ – – – 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... ¥5,000,000 

Budget request, fiscal year 2020 ................................................... ¥550,000,000 

The FAST Act authorized the Restoration and Enhancement 

Grants program under section 11303. These grants provide support 

for operating assistance and capital investments to initiate, restore, 

or enhance intercity passenger rail service. 

COMMITTEE RECOMMENDATION

The Committee strongly opposes the proposal in the budget request to use the Restoration and Enhancement Grants program to 

restructure Amtrak’s long-distance service and require States to 

take over the costs and responsibilities of this service. Despite the 

proposal’s phased approach, in the long-term, the budget request 

would amount to shifting shared and system-related costs onto 

state-supported routes which would require States to contribute 

significantly more funding for service on Amtrak’s National Network. The Committee rejects this proposal and provides strong 

funding for Amtrak to continue to provide service through long-distance and state-supported routes. 

MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM

Appropriation, fiscal year 2019 ......................................................... $10,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 10,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +10,000,000 

The Magnetic Levitation Technology Deployment (MAGLEV) program is authorized under section 322 of title 23, United States 

Code. The MAGLEV program funds transportation systems that 

employ magnetic levitation and are capable of safe use by the public at speeds in excess of 240 miles per hour. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $10,000,000 for the 

MAGLEV program. These funds are available for preconstruction 

planning activities and capital costs, and are available until expended. 

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

(AMTRAK)

Amtrak was created by Congress in the Rail Passenger Service 

Act of 1970 (P.L. 91–518) to operate intercity passenger rail service, which was previously operated by private railroads. Amtrak asVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00057 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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sumed the common carrier obligations of the private railroads in 

exchange for the right to priority access to their railroad tracks for 

an incremental cost. 

Today, Amtrak operates more than 300 trains each day to more 

than 500 destinations in 46 States, the District of Columbia, and 

Canada. About 72 percent of the miles traveled by Amtrak trains 

are on tracks owned by other railroads, and Amtrak owns 624 

route-miles of its own track, most of which is on the Northeast Corridor (NEC) from Washington, D.C. to Boston, Massachusetts. In 

fiscal year 2018, Amtrak carried 31.7 million people on the NEC, 

state-supported routes, and long-distance routes. 

The FAST Act authorizes funding for Amtrak through fiscal year 

2020 for the Northeast Corridor and the National Network, which 

encompasses Amtrak’s state-supported and long-distance routes, as 

well as other non-NEC activities. 

The Committee recommendation provides $1,991,600,000 for Amtrak. The Committee provides funding through the Northeast Corridor Grants and National Network Grants accounts, which is consistent with the FAST Act authorized structure. 

Congressional budget justification.—The Committee appreciates 

the level of detail in the fiscal year 2020 budget justification and 

directs Amtrak to submit a justification with a similar level of detail for fiscal year 2021. 

Charter trains and private cars.—During fiscal year 2018, Amtrak issued new guidelines for charter trains operated by Amtrak 

and private cars on Amtrak trains. While the Committee understands that these policy changes reflect Amtrak’s mandate to provide efficient, effective, and safe regularly scheduled passenger rail 

service, the Committee remains concerned with Amtrak’s implementation and communication of these guidelines. 

The Committee notes that Amtrak added a small number of locations and trains to the list of eligible locations and trains for private car moves in its January 1, 2019 update to the Guidelines for 

Private Cars on Amtrak. Amtrak is directed to continually review 

and evaluate the locations and trains that may be eligible for private car moves. If additional locations or trains meet Amtrak’s criteria for private car moves, then the Committee directs Amtrak to 

update the list of eligible locations and trains and notify private car 

owners accordingly. Further, the Committee is concerned that Amtrak does not typically inform private car owners when a private 

car caused a delay to an Amtrak train. The Committee encourages 

Amtrak to establish a mechanism by which private car owners are 

notified of such delays. This information could provide private car 

owners opportunities to improve their operations and processes. 

In February 2019, the Amtrak Office of Inspector General issued 

a report which found that Amtrak has failed to account for the 

costs of operating the private car program. The Committee agrees 

with the Inspector General’s conclusions that Amtrak cannot accurately assess and make informed decisions about the private car 

program until Amtrak properly identifies the costs of the program. 

These conclusions are particularly concerning considering that Amtrak implemented two price increases for the private car program 

prior to the report’s release. The Inspector General’s recommendations include identifying the cost of private car moves and longterm parking, factoring this cost data into future decisions on setVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00058 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
59 

ting or adjusting prices, and establishing a financial and performance reporting system. As Amtrak works to comply with these recommendations, the Committee directs Amtrak to engage with private car owners and associations on the identified costs, the analysis of recent price increases, the reductions in locations and trains 

eligible for private car moves, and any new potential revised pricing. The Committee directs Amtrak to submit a report to the House 

and Senate Committees on Appropriations within 90 days of enactment of this Act detailing its plan to standardize the cost and revenue analysis for the private car program. Further, Amtrak is directed to include an updated report on charter train and private 

car policies in Amtrak’s fiscal year 2021 budget justification. The 

Committee acknowledges that certain information may be commercially sensitive and cannot be made public. Therefore, the Committee directs Amtrak to provide such information through briefings to the Committees. 

Station agents.—The Committee directs Amtrak to provide a station agent in each Amtrak station that had a ticket agent position 

eliminated in fiscal year 2018. Station agents assist passengers 

with their intercity passenger rail travel, conduct the sale of tickets, provide customer service during all hours that a station is 

open, and perform building maintenance duties. Amtrak is directed 

to improve communication and collaboration with local partners 

and take into consideration the unique needs of each community, 

including impacts to local jobs, when making decisions related to 

the staffing of Amtrak stations. 

Amtrak Police Department.—The Amtrak Police Department has 

the responsibility of protecting Amtrak’s passengers, employees, 

property, and infrastructure. The Committee understands Amtrak 

intends to initiate changes to the Amtrak Police Department beginning June 1, 2019, which could include reducing staffing at Amtrak 

stations and redeploying police officers to patrol areas with increasing rates of criminal activity, including on trains and rights-of-way 

owned by Amtrak. While the Committee appreciates Amtrak’s efforts to increase safety by deploying resources to where incidents 

are occurring, the Committee is concerned that these changes could 

result in a reduction in the overall police force in the long-term. 

Maintaining a high level of safety at Amtrak stations and on trains 

is critical to the traveling public and to local, regional, and national 

security. Therefore, the Committee recommendation prevents Amtrak from reducing the size of the Amtrak Police Department below 

the staffing level on May 1, 2019. 

Communication with stakeholders.—The Committee recognizes 

Amtrak’s efforts to increase its revenues, reduce its operating 

losses, and provide a more modern customer experience for its ridership. However, the Committee is concerned that Amtrak continues to make and implement changes to operations and services 

without providing the public or its employees adequate time to understand proposed changes and provide feedback. Amtrak has 

made changes to policies and procedures relating to charter trains, 

private cars, station agents, call centers, food and beverage service, 

and law enforcement, all of which have impacts on its ridership, 

employees, and communities. Therefore, the Committee directs Amtrak to increase engagement with customers, employees, stakeholders, and the public on proposals to change operations and servVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00059 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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ices, including providing an opportunity to comment on policies 

prior to finalizing decisions. 

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

Appropriation, fiscal year 2019 ......................................................... $650,000,000 

Budget request, fiscal year 2020 ....................................................... 325,466,000 

Recommended in the bill ................................................................... 700,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +50,000,000 

Budget request, fiscal year 2020 ................................................... +374,534,000 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $700,000,000 for 

Northeast Corridor Grants to Amtrak for operating and capital 

purposes. In addition to this funding, the Northeast Corridor retains its operating profits for use on the corridor. This funding level 

provides $5,000,000 to the Northeast Corridor Commission established under section 24905 of title 49, United States Code. 

NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

Appropriation, fiscal year 2019 ......................................................... $1,291,600,000 

Budget request, fiscal year 2020 ....................................................... 611,000,000 

Recommended in the bill ................................................................... 1,291,600,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +680,600,000 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $1,291,600,000 for National Network Grants to Amtrak. This funding supports operating 

and capital activities for Amtrak’s long-distance and state-supported routes, and other non-Northeast Corridor activities. This 

funding level provides $2,000,000 to the State-Supported Route 

Committee established under section 24712 of title 49, United 

States Code. 

National Network changes.—The Committee understands Amtrak is conducting a review of its existing service on long-distance 

and state-supported routes. This analysis could result in changes 

to the National Network which places greater emphasis on short 

corridor service of 400 miles or less, increases frequencies on existing routes, and establishes new routes through city pairings that 

are currently underserved or not served by Amtrak. While the 

Committee understands Amtrak’s efforts are intended to address 

changing demographics and travel trends, such proposals could 

have unintended consequences for long-distance customers, especially in rural and small communities where passenger rail serves 

as an important mobility option and economic driver. The Committee directs Amtrak to conduct comprehensive outreach and consultation with State and local governments, the State-Supported 

Route Committee, its employees, communities, passenger rail organizations, railroads, and the public on any potential changes to the 

National Network. Amtrak must engage in an open and transparent process which encompasses anyone who could be impacted, 

positively or negatively, by such proposals. The Committee strongly 

61 

reminds Amtrak that section 24701 of title 49, United States Code, 

requires Amtrak to operate a national passenger rail system. Further, the Committee directs Amtrak to seek any potential changes 

to the National Network through the reauthorization of the FAST 

Act, and urges Amtrak to ensure any such proposals also increase 

ridership in rural areas and improve service for long-distance customers. 

On-time performance.—As previously stated, the Committee is 

concerned with Amtrak’s on-time performance for long-distance and 

state-supported routes. The Committee notes that under Federal 

law, host railroads are required to grant Amtrak trains priority 

over freight trains and Amtrak in turn is required to pay fees for 

its use. In fiscal year 2018, Amtrak paid host railroads approximately $150,000,000 for use of their tracks, performance, and other 

resources needed to operate Amtrak trains. According to Amtrak’s 

Host Railroad Report Card, the grades host railroads received 

based on delays caused to Amtrak trains in 2018 ranged from an 

‘‘A’’ to an ‘‘F,’’ with the average grade for all host railroads being 

a ‘‘C.’’ The Committee urges Amtrak to continue engaging with 

railroads to improve on-time performance for long-distance and 

state-supported routes. Further, the Committee looks forward to receiving the Amtrak Inspector General’s update of the 2008 DOT Inspector General report titled ‘‘Effects of Amtrak’s Poor on-time Performance.’’ 

ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION

Section 150 limits overtime to $35,000 per employee, and allows 

Amtrak’s president to waive this restriction for specific employees 

for safety or operational efficiency reasons. It also requires Amtrak 

to submit a report to the House and Senate Committees on Appropriations within 60 days of enactment of this Act summarizing 

overtime payments incurred by Amtrak for calendar year 2019 and 

the three prior years. The summary shall include the total number 

of employees that received waivers, and total overtime payments 

paid to employees receiving waivers for each month for 2019 and 

the prior three calendar years. 

Section 151 includes a prohibition relating to reducing the size 

of the Amtrak Police Department below the staffing levels on May 

1, 2019. 

FEDERAL TRANSIT ADMINISTRATION

The Federal Transit Administration (FTA) was established as a 

component of the Department of Transportation on July 1, 1968, 

when most of the functions and programs under the Federal Transit Act (78 Stat. 302; 49 U.S.C. 1601 et seq.) were transferred from 

the Department of Housing and Urban Development. Known as the 

Urban Mass Transportation Administration until enactment of the 

Intermodal Surface Transportation Efficiency Act of 1991, the FTA 

administers Federal financial assistance programs for planning, developing, and improving comprehensive mass transportation systems in both urban and non-urban areas. 

The most recent authorization for the programs under FTA is 

contained in the Fixing America’s Surface Transportation (FAST) 

Act (P.L. 114–94). Annual appropriations Acts include annual limiVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
62 

tations on obligations for the transit formula grants programs, and 

direct appropriations of budget authority from the general fund of 

the Treasury for FTA’s administrative expenses, some research 

programs, and capital investment grants. 

ADMINISTRATIVE EXPENSES

Appropriation, fiscal year 2019 ......................................................... $113,165,000 

Budget request, fiscal year 2020 ....................................................... 110,552,000 

Recommended in the bill ................................................................... 117,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +3,835,000 

Budget request, fiscal year 2020 ................................................... +6,448,000 

The FTA administers Federal financial assistance programs for 

planning, developing, and improving comprehensive mass transportation systems in both urban and non-urban areas. This appropriation provides, from the general fund of the Treasury, amounts for 

the administrative expenses of the agency. 

COMMITTEE RECOMMENDATION

The Committee recommends a total of $117,000,000 for FTA’s administrative expenses. The Committee’s recommendation provides 

these funds from the general fund, as usual. 

Operating plans.—The Committee reiterates its direction from 

previous years, which requires the FTA’s operating plan to include 

a specific allocation of resources for administrative expenses. The 

operating plan should include a delineation of full-time equivalent 

employees for the following offices: Office of the Administrator; Office of Administration; Office of Chief Counsel; Office of Communications and Congressional Affairs; Office of Program Management; Office of Budget and Policy; Office of Research, Demonstration and Innovation; Office of Civil Rights; Office of Planning and 

Environment; Office of Safety and Oversight; and Regional Offices. 

Further, the operating plan must include any new programs or 

changes to the budget request, including new grant programs. In 

addition, except in the case of reallocating resources subsequent to 

a Presidentially declared disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, (P.L. 100–707) (1988), 

the Committee directs FTA to notify the House and Senate Committees on Appropriations at least thirty days in advance of any 

change that results in an increase or decrease of more than ten 

percent from the initial operating plan submitted to the Committees for fiscal year 2020. 

Budget justifications.—The Committee strongly encourages FTA 

to maintain the format and content in the fiscal year 2021 documents. 

Annual new starts report.—The Committee has again included 

bill language requiring FTA to submit the annual new starts report 

with the initial submission of the budget request due in February 

2020. 

Full funding grant agreements (FFGAs).—Title 49 requires that 

FTA notify the House and Senate Committees on Appropriations as 

well as the House Committee on Transportation and Infrastructure 

and the Senate Committee on Banking, Housing and Urban Affairs 

sixty days before executing a FFGA. In its notification to the House 

and Senate Committees on Appropriations, the Committee directs 

63 

FTA to include the following: (1) a copy of the proposed FFGA; (2) 

the total and annual Federal appropriations required for that 

project; (3) yearly and total Federal appropriations that can be reasonably planned or anticipated for future FFGAs for each fiscal 

year through 2023; (4) a detailed analysis of annual commitments 

for current and anticipated FFGAs against the program authorization, by individual project; (5) a financial analysis of the project’s 

cost and the sponsor’s ability to finance the project, which shall be 

conducted by an independent examiner, and which shall include an 

assessment of the capital cost estimate and the finance plan; (6) 

the source and security of all public- and private-sector financial 

instruments; (7) the project’s operating plan, which enumerates the 

project’s future revenue and ridership forecasts; and (8) a listing of 

all planned contingencies and possible risks associated with the 

project. 

The Committee continues to direct FTA to inform the House and 

Senate Committees on Appropriations in writing thirty days before 

approving schedule, scope, or budget changes to any FFGA. Correspondence relating to changes shall include any budget revisions 

or program changes that materially alter the project as originally 

stipulated in the FFGA, including any proposed change in rail car 

procurements. 

In addition, the Committee directs FTA to continue reporting 

monthly to the House and Senate Committees on Appropriations on 

the status of each project with a FFGA or that is within two years 

of a FFGA, and to include a list of all letters of no prejudice and 

early systems work agreements under review by the FTA in each 

monthly update. 

Staffing allocations.—The Committee provides $117,000,000 for 

FTA’s administrative resources. The Committee directs FTA to use 

the additional administrative resources above the budget request 

for staffing needs in areas that represent Congressional priorities 

including Capital Investment Grants, safety oversight, and grants 

allocation and distribution. 

TRANSIT FORMULA GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Liquidation of 

contract authority 

Limitation on 

obligations 

Appropriation, fiscal year 2019 ......................................................................... $9,900,000,000 $9,939,380,000 

Budget request, fiscal year 2020 ..................................................................... 10,800,000,000 10,150,348,462 

Recommended in the bill .................................................................................. 10,800,000,000 10,150,348,462 

Bill compared with: 

Appropriation, fiscal year 2019 .................................................................... +900,000,000 +210,968,462 

Budget request, fiscal year 2020 ................................................................. – – – – – – 

The FAST Act provides contract authority for the transit formula 

grant programs funded from the mass transit account of the Highway Trust Fund. These programs include: urbanized area formula 

grants, state of good repair grants, formula grants for rural areas, 

growing states and high-density states, mobility for seniors and 

persons with disabilities, buses and bus facilities grants, bus testVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00063 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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ing facilities, planning programs, transit-oriented development, a 

pilot program for enhanced mobility, public transportation innovation, technical assistance and workforce development, and the National Transit Database. This Act sets an annual obligation limitation for such authority and provides liquidating cash. This account 

is the only FTA account funded from the Highway Trust Fund. 

COMMITTEE RECOMMENDATION

The Committee recommends an obligation limitation of 

$10,150,348,462 for formula program and activities. The Committee’s recommendation also includes $10,800,000,000 in liquidating 

cash. 

Buses and bus facilities.—The Committee supports the FAST 

Act’s inclusion of competitive grants in the buses and bus facilities 

grant program and encourages FTA to follow the guidance set forth 

in the FAST Act when developing selection criteria for the program. Consistent with section 3017 of the FAST Act, the age and 

condition of buses, bus fleets, related equipment, and bus-related 

facilities should be the primary consideration for selection criteria. 

The amounts provided under this heading are in addition to the 

$389,000,000 provided under the heading ‘‘Transit Infrastructure 

Grants.’’ 

Low or No Emission buses.—The Committee is pleased by the interest in low and no emission buses nationwide and provides funds 

both under this heading and the heading ‘‘Transit Infrastructure 

Grants’’ for FTA to continue the competitive grant program authorized in the FAST Act. As part of the criteria for the next Notice 

of Funding Opportunity, the Committee encourages the FTA to include evaluation criteria that considers the number of electric 

buses the applicant currently has in revenue service. The Committee provides a total of $149,000,000 in this Act for the Low or 

No Emission bus program. 

Transit-oriented development.—The Committee is concerned with 

urban sprawl and overwhelming traffic in areas with high population density. The Committee encourages the Secretary to carry 

out the pilot programs authorized under section 20005(b) of MAP– 

21 which encourage transit planning that connects housing, jobs, 

and mixed-use development with transportation options. Of the 

amounts provided under this heading, the Committee recommends 

FTA use no less than $10,000,000 to carry-out a competitive pilot 

program as directed in Section 3016 of the FAST Act. 

Altoona bus testing facility.—The Committee supports the ongoing work of FTA’s bus testing facility in Altoona, PA and the Committee provides a total of $4,000,000 for the facility under this 

heading and the heading ‘‘Transit Infrastructure Grants.’’ The facility ensures the safety and reliability of new transit buses and ensures that buses purchased by local transit agencies meet minimum performance standards, increasing the safety of the transitriding public. 

Enhanced mobility of seniors and individuals with disabilities.— 

The Committee believes that removing barriers to transportation 

service and expanding transportation mobility options for seniors 

and individuals with disabilities is important. The Committee provides $285,000,000 for transportation services for seniors and indiVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00064 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
65 

viduals with disabilities as authorized under section 49 U.S.C. 

5310. 

Tribal transit program.—The primary purpose of these grants is 

to support planning, capital, and, in limited circumstances, operating assistance for tribal public transit services. Consistent with 

the FAST Act, the Committee provides $30,000,000 in formula 

funds and $5,000,000 in competitive grants. 

Homeless families.—The Committee recognizes that the lack of 

affordable housing is resulting in increasing numbers of homeless 

individuals and families using public transit systems for shelter. 

The Committee encourages HUD’s Office of Community Planning 

and Development, together with the FTA, to collaborate with local 

transit agencies and homelessness stakeholders to develop collaborative, multi-sectoral strategies and models to address the needs of 

transit systems and homeless populations using transit for shelter. 

TRANSIT INFRASTRUCTURE GRANTS

Appropriation, fiscal year 2019 ......................................................... $700,000,000 

Budget request, fiscal year 2020 ....................................................... 500,000,000 

Recommended in the bill ................................................................... 750,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +50,000,000 

Budget request, fiscal year 2020 ................................................... +250,000,000 

The FAST Act provides contract authority for the transit formula 

grants program from the mass transit account of the Highway 

Trust Fund. This account provides additional funds from the general fund of the Treasury for important transit priorities authorized under chapter 53 of title 49, United States Code and for grants 

to areas which have endured persistent poverty. 

COMMITTEE RECOMMENDATION

The Committee recommends an additional $750,000,000 in transit infrastructure grants to remain available until expended. The 

following table provides funding levels for activities within this account: 

Request Recommendation 

Buses and Bus Facilities .................................................................................. $500,000,000 $389,000,000 

Low or No Emission Bus Program ..................................................................... – – – 94,000,000 

State of Good Repair Formula Funds ................................................................ – – – 250,000,000 

Altoona Bus Testing .......................................................................................... – – – 1,000,000 

Low or No Bus Testing ...................................................................................... – – – 6,000,000 

Persistent Poverty areas .................................................................................... – – – 10,000,000 

Total .......................................................................................................... 500,000,000 750,000,000 

TECHNICAL ASSISTANCE AND TRAINING

Appropriation, fiscal year 2019 ......................................................... $5,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 5,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +5,000,000 

The FAST Act authorizes FTA to provide technical assistance 

under section 5314 of title 49 United States Code for human resource and training activities as well as workforce development 

programs. 

66 

COMMITTEE RECOMMENDATION

The Committee recommends $5,000,000 for Technical Assistance 

and Training authorized under section 5314(a)(2) Title 49. In addition to the directly appropriated funds under this heading, another 

$9,000,000 is provided through the obligation limitation under the 

header ‘‘Transit Formula Grants’’. 

CAPITAL INVESTMENT GRANTS

Appropriation, fiscal year 2019 ......................................................... $2,552,687,000 

Budget request, fiscal year 2020 ....................................................... 1,505,190,000 

Recommended in the bill ................................................................... 2,301,785,760 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... ¥250,901,240 

Budget request, fiscal year 2020 ................................................... +796,596,760 

Grants for capital investment to rail or other fixed guideway 

transit systems are awarded to public bodies and agencies including States, municipalities, other political subdivisions of States; 

public agencies and instrumentalities of one or more States; and 

certain public corporations, boards and commissions under State 

law. 

COMMITTEE RECOMMENDATION

The Committee recommends $2,301,785,760 for Capital Investment Grants, consistent with the levels authorized in the FAST 

Act. The following table provides funding levels for activities within 

this account: 

Request Recommendation 

New Starts Projects with a current FFGA ............................................................... $795,290,221 $795,290,221

New Starts Projects without a current FFGA .......................................................... – – – 702,709,779 

Core Capacity .......................................................................................................... 200,000,000 300,000,000 

Small Starts ............................................................................................................. – – – 430,768,910 

Expedited Project Delivery ....................................................................................... – – – 50,000,000 

Oversight (1%) ........................................................................................................ 15,051,900 23,016,850 

Other ........................................................................................................................ 494,847,879 – – – 

Total ................................................................................................................ 1,505,190,000 2,301,785,760 

The Committee is gravely concerned about the execution of the 

Capital Investment Grant program and directs the Secretary to 

carry out the program in accordance with the will of Congress. The 

Committee notes with dismay that FTA signed only one New 

Starts Full-Funding grant agreement (FFGA) in 2018, no Core Capacity project FFGAs and that the vast majority of FFGAs have 

been Small Starts projects. The recommendation provides parameters to guide FTA in operating the program in order to advance 

projects that would enhance American competitiveness and commerce but which have been unable to progress through the FFGA 

process despite Congressional intent. 

The Committee directs FTA to continue to update the Committee 

on the status of projects that are in the current funding pipeline. 

The Committee directs FTA to proactively work with applicants 

and grantees to facilitate projects moving through the Capital Investment Grant pipeline and towards a FFGA. FTA is directed to 

evaluate, rate, and recommend projects for funding, and subsequently award grants to projects that meet the statutory requireVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00066 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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ments of 49 U.S.C. 5309. The Committee encourages FTA to fully 

consider Small Starts projects that would include stations that 

serve one or more Opportunity Zones, as defined in Public-Law 

115–97. The Committee further directs that FTA may provide 

funding for projects without a FFGA. Funding is provided for 

projects that currently have executed grant agreements, and for 

projects that have met the statutory requirements of 49 U.S.C. 

5309 and that are anticipating grant agreements in 2020. 

The Committee directs FTA to enter into FFGAs in which the 

maximum Capital Investment Grant share is between 50 percent 

and 80 percent of the net project cost, except at the direct request 

of the project sponsor. The Committee also directs the Secretary to 

provide notice to the House and Senate Committees on Appropriations not less than 90 days prior to altering or rescinding any rule, 

circular, or guidance relating to the evaluation, rating, and approval process pursuant to 49 U.S.C. 5309. 

The Committee directs the Secretary to submit the fiscal year 

2021 annual report on funding recommendations as required by 49 

U.S.C. 5309, and directs the Secretary to maintain the Federal 

funding commitments for all existing grant agreements and to 

identify all projects with a medium or higher rating that anticipate 

requesting a grant agreement in fiscal year 2021. 

Expedited Project Delivery Pilot Program.—The Expedited Project 

Delivery Pilot Program was authorized by the FAST Act. The program is aimed at expediting delivery of new fixed guideway capital 

projects, small starts projects, or core capacity improvement 

projects that utilize public-private partnerships, are planned to be 

operated and maintained by employees of an existing public transportation provider, and have a Federal share not exceeding 25 percent of the project cost. It is also aimed at increasing innovation, 

improving efficiency and timeliness of project implementation, and 

encouraging new revenue streams. The Committee provides an additional $50,000,000 for the pilot program. 

GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT

AUTHORITY

Appropriation, fiscal year 2019 ......................................................... $150,000,000 

Budget request, fiscal year 2020 ....................................................... 150,000,000 

Recommended in the bill ................................................................... 150,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

This program provides grants to the Washington Metropolitan 

Area Transit Authority (WMATA) for capital investment and asset 

rehabilitation activities as authorized by the Federal Rail Safety 

Improvements Act of 2008 (Public Law 110–432, Title VI, Section 

601). These funds, along with funds provided under FTA’s core formula programs, will help return the system to a state of good repair and improve the safety and reliability of service. Federal funds 

provided under this account are matched dollar-for-dollar by Virginia, Maryland, and the District of Columbia in equal proportions. 

COMMITTEE RECOMMENDATION

The Committee recommends $150,000,000 for grants to WMATA, 

equal to last year’s enacted level. 

68 

The Committee believes that the safe and reliable operation of 

WMATA is important to the operation of the Federal government 

and supports continued funding. Federal employees represent approximately 40 percent of Metrorail’s peak period ridership, and 

more than one-third of all Metrorail stations are located on Federal 

property. Recognizing the essential role that WMATA plays in 

transporting Federal employees daily and millions of visitors to the 

Nation’s capital annually, the Committee provides ongoing support 

for projects that support safe operation of the transit system. The 

Committee directs WMATA to continue addressing the safety 

issues within the system and to use Federal, State and local funds 

to improve and maintain the state of good repair of the Metrorail 

system. 

The Committee applauds WMATA for including cybersecurity requirements in the request for proposals that they have issued for 

the 8000 series rail cars. As systems for controlling various modes 

of transportation become more complex, the Committee is concerned about the security of transportation and the safety of the 

traveling public. Security vulnerabilities can be inadvertently introduced when customers do not specify appropriate security attributes in the procurement process. As a result, the Committee directs WMATA to comply with practices for control system procurement recommended by the Department of Homeland Security’s National Cybersecurity and Communications Integration Center. 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

Section 160 continues the provision that exempts previously 

made transit obligations from limitations on obligations. 

Section 161 allows funds appropriated for Capital Investment 

Grants and buses and bus facilities not obligated by September 30, 

2024, plus other recoveries, to be available for other projects under 

49 U.S.C. 5309. 

Section 162 continues the provision that allows for the transfer 

of prior year appropriations from older accounts to be merged into 

new accounts with similar, current activities. 

Section 163 changes the date, to September 30, 2020, by which 

funds provided for Capital Investment Grants provided in fiscal 

year 2018 must be obligated. 

Section 164 prohibits FTA from using any funds to finalize the 

Capital Investment Grant share of a project before the project has 

been in Engineering. FTA is also prohibited, for projects in the program on the date of enactment of this Act, from requiring a reasonable cost estimate, by an applicant, to exceed a 50 percent probability of on-budget completion. In addition, FTA is prohibited from 

applying the provision in 26 U.S.C. 9503(e)(4) for fiscal year 2020. 

Section 165 allows certain recipients of Low or No Emission Bus 

Grants to continue to partner with non-profits and companies as 

part of their grant applications. 

69 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

OPERATIONS AND MAINTENANCE

(HARBOR MAINTENANCE TRUST FUND)

Appropriation, fiscal year 2019 ......................................................... $36,000,000 

Budget request, fiscal year 2020 ....................................................... 28,000,000 

Recommended in the bill ................................................................... 40,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +4,000,000 

Budget request, fiscal year 2020 ................................................... +12,000,000 

The Great Lakes Saint Lawrence Seaway System, located between Montreal and Lake Erie, is a binational, 15-lock system 

jointly operated by the U.S. Saint Lawrence Seaway Development 

Corporation (SLSDC) and its Canadian counterpart, the Canadian 

St. Lawrence Seaway Management Corporation. The SLSDC was 

established by the St. Lawrence Seaway Act of 1954 and is a wholly owned government corporation and an operating administration 

of the U.S. Department of Transportation. The SLSDC is charged 

with operating and maintaining the U.S. portion of the St. Lawrence Seaway. This responsibility includes the two U.S. locks in 

Massena, New York, vessel traffic control in portions of the St. 

Lawrence River and Lake Ontario, and trade development functions to enhance the utilization of the St. Lawrence Seaway. 

The Water Resources Development Act of 1986 authorized the 

Harbor Maintenance Trust Fund as a source of appropriations for 

SLSDC operations and maintenance. Additionally, the SLSDC generates non-Federal revenues which can then be used for operations 

and maintenance. 

COMMITTEE RECOMMENDATION

The Committee recommends $40,000,000 to fund the operations, 

maintenance, and capital asset renewal needs of the SLSDC. Not 

less than $16,000,000 shall be used for capital asset renewal activities. 

The recommendation includes $4,000,000 in additional resources 

for market development and promotion of the Great Lakes navigation system, to be carried out in cooperation with system stakeholders. These resources may be used to enhance and expand existing marketing efforts, conduct market research, to support marketing initiatives and trade promotion with the goal of growing the 

volume of waterborne commerce and passenger cruise activity on 

the system, or to update signage for the Seaway. 

MARITIME ADMINISTRATION

The Maritime Administration (MARAD) is responsible for 

strengthening the U.S. maritime industry in support of the Nation’s security and economic needs, as authorized by the Merchant 

Marine Act of 1936. MARAD’s mission is to promote the development and maintenance of a U.S. merchant marine sufficient to 

carry the Nation’s waterborne domestic commerce and a substantial portion of its waterborne foreign commerce, and to serve as a 

naval and military auxiliary in time of war or national emergency. 

MARAD, working with the Department of Defense (DoD), provides a seamless, time-phased transition from peacetime to warVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00069 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
70 

time operations, while balancing the defense and commercial elements of the maritime transportation system. MARAD also manages the maritime security program, the voluntary intermodal sealift agreement program, and the ready reserve force, which assures 

DoD access to commercial and strategic sealift and associated 

intermodal capability. Further, MARAD’s education and training 

programs through the U.S. Merchant Marine Academy and six 

state maritime academies help create skilled U.S. merchant marine 

officers. 

MARITIME SECURITY PROGRAM

Appropriation, fiscal year 2019 ......................................................... $300,000,000 

Budget request, fiscal year 2020 ....................................................... 300,000,000 

Recommended in the bill ................................................................... 300,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

The purpose of the maritime security program (MSP) is to maintain and preserve a U.S. flag merchant fleet to serve the national 

security needs of the United States. The MSP provides direct payments to U.S. flagship operators engaged in U.S.-foreign trade. 

Participating operators are required to keep the vessels in active 

commercial service and are required to provide intermodal sealift 

support to the DoD in times of war or national emergency. 

COMMITTEE RECOMMENDATION

The Committee recommends $300,000,000 for the maritime security program, consistent with the authorized funding level. Funds 

are available until expended. 

OPERATIONS AND TRAINING

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2019 ......................................................... $149,442,000 

Budget request, fiscal year 2020 ....................................................... 377,497,000 

Recommended in the bill ................................................................... 154,442,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +5,000,000 

Budget request, fiscal year 2020 ................................................... ¥223,055,000 

The operations and training account provides funding for headquarters and field offices to administer and direct MARAD operations and programs as well as the operation of the U.S. Merchant 

Marine Academy. 

COMMITTEE RECOMMENDATION

The Committee recommends $154,442,000 for MARAD operations 

and training expenses, available until September 30, 2021. The following table provides funding levels for activities within this account. 

Request Recommendation 

USMMA Operations .......................................................................................................... $77,944,000 $77,944,000 

USMMA Capital ................................................................................................................ 4,000,000 5,225,000 

MARAD Headquarters ....................................................................................................... 53,273,000 53,273,000 

Marine Enviro. & Tech. Assistance ................................................................................. – – – 3,000,000 

Short Sea Transportation Program .................................................................................. – – – 15,000,000 

71 

Request Recommendation 

TOTAL ...................................................................................................................... 135,217,000 154,442,000 

The Committee continues the reporting requirement that 

MARAD submit information on the number of vacancies at 

MARAD headquarters and regional offices, and the duties associated with each vacancy concurrent with the fiscal year 2021 budget 

submission. 

Capital planning at the United States Merchant Marine Academy 

(USMMA).—The Committee directs the Administrator of the Maritime Administration, in conjunction with the National Academy of 

Public Administration, to provide a report to Congress on the state 

of the education and training provided at the USMMA within 180 

days of enactment of the Act. The report should include an assessment of the training equipment, technology and facilities on the 

USMMA campus, as well as the resources supporting the programs, and an assessment of the condition of those resources. The 

report should be made available in an electronic format. 

Sexual assault and sexual harassment at the USMMA.—P.L. 

116–6 directed MARAD to provide the Committee with copies of reports required under sections 3508 and 3509 of P.L. 115–232. The 

recommendation includes additional resources for USMMA operations, and the Committee directs the USMMA to fully staff the 

Sexual Assault Prevention and Response Office. 

Shipyards.—Due to the lack of available private shipyard facilities and the extended time to relocate vessels and assets, there is 

a backlog of maintenance, repair and modernization projects which 

may impair maritime commerce and national security. To avoid 

displacement, costs, and impacts on east coast and west coastbased vessels and personnel, the Committee encourages MARAD to 

continue utilizing privately owned shipyards for National Defense 

Reserve Fleet and Ready Reserve Fleet maintenance, repair and 

modernization. The Committee also encourages MARAD to compile 

a list of available shipyards and to share such a list with other government partners. 

STATE MARITIME ACADEMY OPERATIONS

Appropriation, fiscal year 2019 ......................................................... $345,200,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 345,200,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +345,200,000 

The state maritime academy operations account provides financial assistance to the six state maritime academies. 

COMMITTEE RECOMMENDATION

The Committee recommends $345,200,000 for state maritime 

academy (SMA) operations. The following table provides funding 

levels for activities within this account. 

Request Recommendation 

Schoolship Maintenance and Repair ............................................................................... $30,080,000 $33,000,000 

Training Vessel Sharing ......................................................................................... [8,060,000] [8,060,000] 

Schoolship Construction .................................................................................................. 205,000,000 300,000,000 

Student Incentive Program .............................................................................................. 2,400,000 2,400,000 

72 

Request Recommendation 

Fuel Assistance Payments ............................................................................................... 1,800,000 3,800,000 

Direct Payments for SMAs ............................................................................................... 3,000,000 6,000,000 

TOTAL ...................................................................................................................... 242,280,000 345,200,000 

Schoolship construction.—The recommendation includes 

$300,000,000 for the construction of a new schoolship in the National Security Multi-Mission Vessel Program. The recommendation does not include funding for the schoolship replacement program proposed in the budget request. 

ASSISTANCE TO SMALL SHIPYARDS

Appropriation, fiscal year 2019 ......................................................... $20,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 20,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +20,000,000 

As authorized under section 54101 of title 46, United States 

Code, the Assistance to Small Shipyards program provides assistance in the form of grants, loans, and loan guarantees to small 

shipyards for capital improvements and training programs. 

COMMITTEE RECOMMENDATION

The Committee recommends $20,000,000 for the Assistance to 

Small Shipyards program. Funds are available until expended. 

SHIP DISPOSAL

Appropriation, fiscal year 2019 ......................................................... $5,000,000 

Budget request, fiscal year 2020 ....................................................... 5,000,000 

Recommended in the bill ................................................................... 5,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

MARAD serves as the Federal government’s disposal agent for 

government-owned merchant vessels weighing 1,500 gross tons or 

more. The ship disposal program provides resources to dispose of 

obsolete merchant-type vessels in the National Defense Reserve 

Fleet. These vessels pose a significant environmental threat due to 

the presence of hazardous substances such as asbestos and solid 

and liquid polychlorinated biphenyls. 

COMMITTEE RECOMMENDATION

The Committee recommends $5,000,000 for ship disposal activities. The recommendation includes $3,000,000 to maintain the NS 

Savannah in protective storage in accordance with the Nuclear 

Regulatory Commission’s license requirements while it is being disposed. Funds are available until expended. 

73 

MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2019 ......................................................... $3,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 3,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... +3,000,000 

The maritime guaranteed loan program, as provided for by Title 

XI of the Merchant Marine Act of 1936, provides for guaranteed 

loans for purchasers of ships from the U.S. shipbuilding industry 

and for modernization of U.S. shipyards. 

COMMITTEE RECOMMENDATION

The Committee recommends $3,000,000 for the administrative 

expenses of the maritime guaranteed loan program. 

PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

Appropriation, fiscal year 2019 ......................................................... $292,730,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 225,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... ¥67,730,000 

Budget request, fiscal year 2020 ................................................... +225,000,000 

The purpose of the Port Infrastructure Development Program (46 

U.S.C. 50302) is to improve port facilities and the transportation 

networks and flows of cargo in, around, and through ports. Port authorities, States and local government, and publicly chartered entities are eligible to apply for grants. 

COMMITTEE RECOMMENDATION

The Committee recommends $225,000,000 for the Port Infrastructure Development Program. Funds are available until expended. 

The Committee directs MARAD to provide grants for infrastructure improvement projects for coastal seaports and ports on the 

Great Lakes that are either within the port’s boundary, or outside 

its boundary if the project directly relates to port operations, or to 

an intermodal connection to a port that improves the safety, efficiency, or reliability of the movement of goods into, out of, or 

around the port. Eligible projects include, but are not limited to, 

highway or rail infrastructure that develops or extends intermodal 

connectivity, intermodal facilities, marine terminal equipment, 

wharf construction or redevelopment, vessel alternative fueling access and distribution, fuel efficient cargo handling equipment, and 

freight intelligent transportation systems. The recommendation includes a prohibition on purchasing fully-automated cargo handling 

equipment with grants made through the program. 

ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION

Section 170 authorizes MARAD to furnish utilities and services 

and to make necessary repairs in connection with any lease, contract, or occupancy involving government property under control of 

74 

MARAD and allows payments received to be credited to the Treasury and to remain available until expended. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

The Pipeline and Hazardous Materials Safety Administration 

(PHMSA) administers nationwide safety programs designed to protect the public and the environment from risks inherent in the 

commercial transportation of hazardous materials by pipeline, air, 

rail, vessel, and highway. Many of these materials are essential to 

the national economy. PHMSA’s highest priority is safety, and it 

uses safety management principles and security assessments to 

promote the safe transport of hazardous materials and the security 

of the Nation’s pipelines. 

OPERATIONAL EXPENSES

Appropriation, fiscal year 2019 ......................................................... $23,710,000 

Budget request, fiscal year 2020 ....................................................... 24,215,000 

Recommended in the bill ................................................................... 23,710,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... ¥505,000 

This appropriation finances the operational support costs for 

PHMSA, including agency-wide functions of administration, management, policy development, legal counsel, budget, financial management, civil rights, human resources, acquisition services, information technology, and governmental and public affairs. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $23,710,000 for 

PHMSA operational expenses, of which $1,500,000 shall be for the 

Pipeline Safety Information Grants to Communities program. The 

recommendation does not include the proposal in the budget request to combine the Community Safety Grant and Pipeline Safety 

Information Grants to Communities programs. 

Pipeline safety rulemakings.—Pipeline incidents have increased 

nearly two-fold from 1999 to 2018. In response, Congress required 

PHMSA to establish regulations to improve pipeline safety in the 

Pipeline Safety, Regulatory Certainty, and Job Creation Act of 

2011 (P.L. 112–90). PHMSA issued a notice of proposed rulemaking 

on the Safety of Hazardous Liquid Pipelines in October 2015 and 

on the Safety of Gas Transmission and Gathering Pipelines in 

April 2016. The Committee notes with concern that to date PHMSA 

has not issued final rules for either of these rulemakings. The 

Committee directs PHMSA to issue final rules on the Safety of 

Hazardous Liquid Pipelines and the Safety of Gas Transmission 

and Gathering Pipelines within 180 days of enactment of this Act. 

The Pipeline Safety Act of 2011 also required PHMSA to establish regulations on the use of automatic and remote-controlled 

shut-off valves on transmission pipeline facilities and hazardous 

liquid pipeline facilities leak detection systems. To date PHMSA 

has not issued a notice of proposed rulemaking on these mandates. 

The Committee directs PHMSA to initiate a rulemaking within 90 

days of enactment of this Act and to issue a final rule no later than 

one year after enactment of this Act. 

75 

To assist PHMSA in executing these regulatory actions, the Com- mittee recommendation provides $715,000 for regulatory staff positions and contractor support, as requested, and directs PHMSA to 

utilize these resources to expedite compliance with overdue Congressional mandates. 

HAZARDOUS MATERIALS SAFETY

Appropriation, fiscal year 2019 ......................................................... $58,000,000 

Budget request, fiscal year 2020 ....................................................... 53,000,000 

Recommended in the bill ................................................................... 61,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +3,000,000 

Budget request, fiscal year 2020 ................................................... +8,000,000 

The Hazardous Materials Safety program advances the safe and 

secure transport of hazardous materials (hazmat) in commerce by 

air, truck, rail, and vessel. PHMSA evaluates hazmat safety risks, 

develops and enforces regulations for transporting hazmat, educates shippers and carriers, investigates hazmat incidents and failures, conducts research, and provides grants to improve emergency 

response to transportation incidents involving hazmat. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $61,000,000 for the 

Hazardous Materials Safety program. This funding level supports 

PHMSA’s existing hazardous materials safety program, including 

the safe transportation of energy products, and provides $2,000,000 

for the Community Safety Grant program. 

LNG by rail.—A petition was filed with PHMSA to develop 

standards for the bulk transportation of liquified natural gas 

(LNG) in rail tank cars in 2017, and PHMSA accepted this petition 

in 2018. The transportation of LNG in rail tank cars poses new and 

different risks to the public, environment, and property. The Committee is deeply concerned with the aggressive timeline established 

in Executive Order 13868 for the Department to finalize a rulemaking on LNG by rail within 13 months of April 10, 2019. This 

artificial timeline would prevent PHMSA, in coordination with the 

Federal Railroad Administration, from thoroughly accessing and 

evaluating the safety risks associated with the transportation of 

LNG in rail tank cars. Therefore, the Committee directs PHMSA 

to enter into an agreement with the National Academies of 

Sciences, Engineering, and Medicine to conduct a study through 

the Transportation Research Board on the transportation of LNG 

in rail tank cars. This study should address different transportation scenarios, including a freight train carrying individual LNG 

tank cars, multiple LNG tank cars, and a unit train of LNG tank 

cars; release events; hazards when a spill is coupled with an ignition source; leak detection; impacted geographic areas; route terrain challenges; and emergency and first responder training and 

notification. The Committee provides up to $1,000,000 for PHMSA 

to initiate this study within 30 days of enactment of this Act, and 

to complete this study no later than 18 months after enactment of 

this Act. Further, the Committee directs PHMSA to incorporate the 

findings and recommendations from this study into any potential 

rulemaking on the transportation of LNG in rail tank cars and 

prior to issuing a final rule authorizing such shipments. 

76 

Safe transportation of energy products.—The Committee continues to closely monitor PHMSA’s efforts to improve the safety of 

transporting Class 3 flammable liquids, including crude oil and 

ethanol, by rail. The Fixing America’s Surface Transportation 

(FAST) Act (P.L. 114–94) established a schedule to phase-out certain rail tank cars used to transport Class 3 flammable liquids. In 

September 2018, the Bureau of Transportation Statistics reported 

that nearly 20 percent of all tank cars transporting Class 3 flammable liquids in 2017 met the new safety requirements, which represents a significant increase from 2 percent in 2015. The Committee encourages the Department to work with industry to ensure 

continued progress on the tank car phaseout, and if possible, accelerate the phaseout timeline. 

The Committee is pleased with the Department’s work to date in 

partnership with the Department of Energy on the multi-phase collaborative research study on the volatility and properties of crude 

oil from various locations, including the Bakken Shale in North Dakota, and to accurately assess and characterize volatility before 

transportation. The Committee directs the Department to continue 

this research and provide briefings after the completion of each research task to the House and Senate Committees on Appropriations on the findings and the necessity for any additional research 

tasks. The Committee further directs the Department to utilize the 

findings of this research to update regulations for the transportation of crude oil, if necessary. The Department shall brief the 

Committees on any regulatory decisions resulting from this research study, including decisions not to take regulatory action. 

Inland ports of entry.—The Committee directs PHMSA to work 

with local governments and their Mexican counterparts at international inland ports of entry with a high volume of hazardous materials crossing the border to reduce the risk associated with transporting and storing hazardous materials and to enhance the capacity of local officials in dealing with the threat of hazardous materials incidents. The Committee notes that PHMSA has not reported 

to the House and Senate Committees on Appropriations on its 

progress as directed in House Report 115–750, and directs PHMSA 

to brief the Committees on progress within 30 days of enactment 

of this Act. Further, PHMSA is directed to submit a final report to 

the Committees within 120 days of enactment of this Act. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

Pipeline Safety Fund Oil Spill Liability Trust Fund 

Underground Natural Gas Storage 

Facility Safety Account 

Total 

Appropriation, fiscal year 2019 ............................. $134,000,000 $23,000,000 $8,000,000 $165,000,000 

Budget request, fiscal year 2020 .......................... 119,000,000 22,000,000 8,000,000 149,000,000 

Recommended in the bill ...................................... 137,000,000 23,000,000 8,000,000 168,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ........................ +3,000,000 – – – – – – +3,000,000 

Budget request, fiscal year 2020 ..................... +18,000,000 +1,000,000 – – – +19,000,000 

PHMSA oversees the safety, security, and environmental protection of more than 2,700,000 miles of pipelines through analysis of 

77 

data, damage prevention, education and training, development and 

enforcement of regulations and policies, research and development, 

grants for State pipeline safety programs, and emergency planning 

and response to accidents. The Pipeline Safety program is responsible for a national regulatory program to protect the public against 

the risks to life and property in the transportation of natural gas, 

petroleum, and other hazardous materials by pipeline. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $168,000,000 to continue pipeline safety operations, research, and development, and 

State grants-in-aid. Of the total, $23,000,000 is from the Oil Spill 

Liability Trust Fund, $137,000,000 is from the Pipeline Safety 

Fund, and $8,000,000 is from the Underground Natural Gas Storage Facility Safety account within the Pipeline Safety Fund. The 

following table provides funding levels for activities within this account. 

Request Recommendation 

Research and Development ......................................................................................... $12,000,000 $15,000,000 

State Pipeline Safety Grants ....................................................................................... 46,800,000 56,000,000 

State One-Call Grants ................................................................................................. 1,058,000 1,058,000 

State Damage Prevention Grants ................................................................................ 1,490,000 1,500,000 

Staffing and hiring plans.—PHMSA shall deliver a report to the 

House and Senate Committees on Appropriations within 120 days 

of enactment of this Act that details staffing and hiring plans for 

fiscal year 2020 as well as actual turnover and hiring in fiscal year 

2019. 

LNG facilities.—The Committee recognizes the growth in the size 

and scope of liquified natural gas (LNG) facilities, and that 

PHMSA’s Part 193 safety regulations do not reflect the risks associated with today’s LNG facilities. The PIPES Act of 2016 (P.L. 

114–183) directed the Department to review and update minimum 

safety standards for LNG facilities, and PHMSA announced its intent to update Part 193 regulations in 2018. The Committee is 

deeply concerned with the aggressive timeline established in Executive Order 13868 for the Department to initiate and finalize such 

a rulemaking within 13 months of April 10, 2019, especially considering that PHMSA has not completed rulemakings required under 

the Pipeline Safety Act of 2011 and the PIPES Act of 2016. While 

the Committee supports PHMSA’s efforts to update regulations for 

LNG facilities, the Committee strongly opposes the artificial 

timeline in Executive Order 13868. It is critical that PHMSA conduct a thorough and methodical rulemaking process on Part 193 to 

ensure the safety of the public and environment. Therefore, the 

Committee directs PHMSA to move forward with a notice of proposed rulemaking to update Part 193, provide a minimum of 60 

days for public comment, and issue a final rule upon review and 

analysis of all comments. Further, the Committee directs PHMSA 

not to delay any efforts to complete the overdue Congressional 

mandates from the Pipeline Safety Act of 2011 and the PIPES Act 

of 2016 as the agency pursues updating Part 193 regulations. 

78 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

Appropriation, fiscal year 2019 ......................................................... $28,318,000 

Budget request, fiscal year 2020 ....................................................... 28,318,000 

Recommended in the bill ................................................................... 28,318,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

The Hazardous Materials Transportation Uniform Safety Act of 

1990 (P.L. 101–615) requires PHMSA to: (1) develop and implement a reimbursable Emergency Preparedness Grants program; (2) 

monitor public sector emergency response training and planning 

and provide technical assistance to States, political subdivisions, 

and Indian tribes; and (3) develop and periodically update a mandatory training curriculum for emergency responders. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $28,318,000 for the 

Emergency Preparedness Grants program. 

Energy products training.—The Committee recognizes the important role the Emergency Preparedness Grants program plays in 

training local emergency responders, including response activities 

related to the transportation of crude oil, ethanol, and other flammable liquids by rail. As PHMSA’s responsibilities for the safe 

movement of liquified natural gas (LNG) expand, the Committee 

directs PHMSA to enhance its training curriculum for local emergency responders to account for LNG facilities and the transportation of LNG in rail tank cars. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ............................................................. $92,600,000 

Budget request, fiscal year 2020 ........................................................... 92,152,000 

Recommended in the bill ....................................................................... 96,700,000 

Bill compared with: 

Appropriation, fiscal year 2019 .......................................................... +4,100,000 

Budget request, fiscal year 2020 ....................................................... +4,548,000 

The Office of Inspector General (OIG) was established in 1978 to 

provide an objective and independent organization that would be 

more effective in: (1) preventing and detecting fraud, waste, and 

abuse in departmental programs and operations; and (2) providing 

a means of keeping the Secretary of Transportation and the Congress fully and currently informed of problems and deficiencies in 

the administration of such programs and operations. According to 

the authorizing legislation, the Inspector General is to report dually to the Secretary of Transportation and to the Congress. 

COMMITTEE RECOMMENDATION

The Committee recommends $96,700,000 for the Office of Inspector General. 

Audit reports.—The Committee requests the OIG to continue forwarding copies of all audit reports to the Committee immediately 

after they are issued, and to continue to make the Committee 

aware immediately of any review that recommends cancellation or 

79 

modifications to any major acquisition project or grant, or which 

recommends significant budgetary savings. The OIG is also directed to withhold from public distribution for a period of 15 days 

any final audit or investigative report that was requested by the 

House or Senate Committees on Appropriations. 

The Committee is aware of the OIG’s increased scrutiny of the 

FAA certification process audit and the resources necessary to conduct a complete and thorough investigation. The Committee recognizes that the Congressionally mandated and self-initiated audits 

are vital to ensure consumer safety and efficiency at the Department of Transportation. The recommendation provides resources 

accordingly. 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

Section 180 provides authorization for DOT to maintain and operate aircraft, hire passenger motor vehicles and aircraft, purchase 

liability insurance, buy uniforms, or allowances therefor. 

Section 181 limits appropriations for services authorized by 5 

U.S.C. 3109 to the rate permitted for an Executive Level IV. 

Section 182 prohibits recipients of funds in this Act from disseminating personal information obtained by State DMVs in connection 

to motor vehicle records with an exception. 

Section 183 prohibits funds in this Act for salaries and expenses 

of more than 110 political and Presidential appointees in DOT. The 

limitation shall increase to 125 political and Presidential appointees beginning on the date on which the Secretary announces 

the selection of projects to receive awards for certain competitive 

grant programs funded in fiscal year 2019. 

Section 184 stipulates that revenue collected by FHWA and FRA 

from States, counties, municipalities, other public authorities, and 

private sources for training be transferred into specific accounts 

within the agency with an exception. 

Section 185 prohibits DOT from using funds to make a grant, 

loan, loan guarantee, or cooperative agreement, unless DOT provides 3-day advance notice to the House and Senate Committees on 

Appropriations. The provision also requires notice of any ‘‘quick release’’ of funds from FHWA’s emergency relief program, and prohibits notifications from involving funds not available for obligation. The provision requires DOT to provide a comprehensive list 

of all loans, loan guarantees, lines of credit, cooperative agreements, and discretionary grants that will be announced with a 3- 

day advance notice to the House and Senate Committees on Appropriations. 

Section 186 allows funds received from rebates, refunds, and 

similar sources to be credited to appropriations of DOT. 

Section 187 allows amounts from improper payments to a thirdparty contractor that are lawfully recovered by DOT to be made 

available until expended to cover expenses incurred in recovery of 

such payments. 

Section 188 requires that reprogramming actions have to be approved or denied by the House and Senate Committees on Appropriations, and reprogramming notifications shall be transmitted 

solely to the Appropriations Committees. 

Section 189 allows funds appropriated to modal administrations 

to be obligated for the Office of the Secretary for costs related to 

80 

assessments only when such funds provide a direct benefit to that 

modal administration. 

Section 190 authorizes the Secretary to carry out a program that 

establishes uniform standards for developing and supporting agency transit pass and transit benefits, including distribution of transit benefits. 

Section 191 allows the use of funds to assist a contract utilizing 

geographic, economic, or other hiring preference not otherwise authorized by law, only if certain requirements are met related to 

availability of local labor, displacement of existing employees, and 

delays in transportation plans. 

Section 192 includes a prohibition relating to high speed rail in 

California. 

Section 193 requires DOT to consider Transportation Infrastructure Finance and Investment Act loans to be part of the non-Federal share of project costs if the loans are repaid by non-Federal 

funds. 

Section 194 extends the deadline by which the Secretary may 

provide direct loans and loan guarantees under the Railroad Rehabilitation and Improvement Financing program for transit-oriented 

development projects until September 30, 2020. 

Section 195 includes a prohibition on issuing grants to entities 

that do not comply with practices for control system procurement 

recommended by the U.S. Department of Homeland Security’s National Cybersecurity and Communications Integration Center. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

EXECUTIVE OFFICES

Appropriation, fiscal year 2019 ............................................................. $14,900,000 

Budget request, fiscal year 2020 ........................................................... 16,000,000 

Recommended in the bill ....................................................................... 14,788,000 

Bill compared with: 

Appropriation, fiscal year 2019 .......................................................... ¥112,000 

Budget request, fiscal year 2020 ....................................................... ¥1,212,000 

The Executive Offices (EO) account funds the salaries and expenses for the leadership and executive management offices of the 

Department. Specifically, these offices are the Office of the Secretary, the Office of the Deputy Secretary, the Office of Congressional and Intergovernmental Relations, the Office of Public Affairs, the Office of Adjudicatory Services, the Office of Small and 

Disadvantaged Business Utilization, and the Center for FaithBased and Neighborhood Partnerships. 

COMMITTEE RECOMMENDATION

The Committee recommends the following amounts for each EO 

office. 

Executive Offices (EO) Request Recommendation 

Office of the Secretary .................................................................................................... $4,557,000 $4,557,000 

Office of the Deputy Secretary ........................................................................................ 1,333,000 1,201,000 

Office of Adjudicatory Services ....................................................................................... 1,405,000 1,405,000 

Office of Congressional and Intergovernmental Relations ............................................. 2,816,000 2,192,000 

Office of Public Affairs .................................................................................................... 4,335,000 3,835,000 

81 

Executive Offices (EO) Request Recommendation 

Office of Small and Disadvantaged Business Utilization .............................................. 661,000 661,000 

Center for Faith-Based and Neighborhood Partnerships ................................................ 893,000 937,000 

Total, EO ................................................................................................................. 16,000,000 14,788,000 

Office of the Secretary.—The Committee provides $4,557,000 for 

the Office of the Secretary as requested, but prohibits the augmentation of the office through reprogrammings, transfers, and 

detailees. The Committee is disappointed by the Department’s lack 

of candor and forthrightness on matters of policy and program implementation, which influences the resource level required to carry 

them out effectively. 

Office of Congressional and Intergovernmental Relations (CIR).— 

The Committee does not provide any funding to increase the staffing level of the CIR, thereby prohibiting the proposal to realign Appropriations Liaison Division from the Office of the Chief Financial 

Officer (OCFO) to CIR. The Committee is adamantly opposed to 

such a realignment because it would upend the current working relationship and natural affinity between the Committee and the 

OCFO. The Committee insists on direct and unobstructed communications with the OCFO and bureau budget offices. 

ADMINISTRATIVE SUPPORT OFFICES

Appropriation, fiscal year 2019 ......................................................... $541,500,000 

Budget request, fiscal year 2020 ....................................................... 556,500,000 

Recommended in the bill ................................................................... 521,500,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... ¥20,000,000 

Budget request, fiscal year 2020 ................................................... ¥35,000,000 

The Administrative Support Offices (ASO) appropriation pays for 

the staff and activity cost that cannot be attributable to specific Department programs. ASO offices provide Department-wide services 

for both the programs and the program staff. Specifically, these offices are: the Office of the Chief Financial Officer, the Office of the 

General Counsel, the Office of Field Policy and Management, the 

Office of Departmental Equal Employment Opportunity, the Office 

of the Chief Information Officer, and a consolidated Assistant Secretary for Administration. 

• The Office of the Chief Financial Officer is responsible for 

all aspects of financial management, accounting, and budgetary matters. 

• The Office of the General Counsel provides legal opinions, 

advice and services with respect to all programs and activities, 

and provides counsel and assistance in the development of the 

Department’s programs and policies. 

• The Office of Field Policy and Management are the operational managers in each of the field offices and manage and 

coordinate cross-program delivery in the field. • The Office of Departmental Equal Employment Opportunity is to ensure the enforcement of Federal laws relating to 

the elimination of all forms of discrimination in the Department’s employment practices. • The Office of the Chief Information Officer is responsible 

for providing modern information technology that is secure, acVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00081 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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cessible and cost effective while ensuring compliance with applicable regulatory requirements. • The Assistant Secretary for Administration consolidates 

the Office of Administration, the Office of the Chief Human 

Capital Officer, the Office of the Chief Procurement Officer, 

and the Office of Business Transformation into a single office. • The Office of Administration provides nationwide management and operation of buildings, Freedom of Information Act 

processing, records management, Privacy Act administration, 

and disaster and emergency response coordination. • The Office of the Chief Human Capital Officer provides 

strategic human capital management, enterprise level training 

and learning, recruitment and staffing, workforce planning, retention, engagement, succession planning, and Departmental 

performance management. • The Office of the Chief Procurement Officer provides advice, guidance, and technical assistance to all departmental offices on matters concerning procurement; assist program offices 

in defining and specifying their procurement needs; develop 

and maintain all procurement guidance, including regulations, 

policies, and procedures; and assist in the development of 

sound acquisition strategies. • The Office of Business Transformation facilitates the Department-wide strategic planning process by identifying strategic priorities and change initiatives, monitoring key performance measures, and implementing and overseeing formula and 

competitive grants. 

COMMITTEE RECOMMENDATION

The Committee recommends the following amounts for each ASO 

office. 

Administrative Support Offices (ASO) Request Recommendation 

Office of the Chief Financial Officer ............................................................................... $74,000,000 $52,691,000 

Office of Credit ................................................................................................................ – – – [1,200,000] 

Office of the General Counsel ......................................................................................... 100,000,000 95,890,000 

Office of Field Policy and Management .......................................................................... 54,000,000 54,000,000 

Office of Departmental Equal Employment Opportunity ................................................. 4,000,000 3,900,000 

Office of the Chief Information Officer ........................................................................... 56,000,000 55,019,000 

Consolidated: Assistant Secretary for Administration .................................................... 268,500,000 260,000,000

Total, ASO ...................................................................................................... 556,500,000 521,500,000 

Access to records.—The Committee notes with concern the April 

29, 2019 Management Alert (2019–IG–0001) issued by the HUD 

Office of Inspector General. The recommendation continues a funding prohibition in title IV (section 418) that requires agencies to 

provide their Inspector General with timely access to records, documents, or other materials. The Committee reminds the Department 

that failure to comply with section 418 is an Antideficiency Act violation. 

Financial transformation initiative.—The Committee is wholly 

dissatisfied with the Department’s abbreviated responses to inquiries about the scope, scale, and workplan of the financial transformation initiative and, therefore, provides no funding for it. The 

Committee’s confidence in this initiative eroded because of the Department’s either inability or unwillingness to keep the House and 

83 

Senate Committees on Appropriations apprised of how implementation of the initiative is different from the description provided at 

the time of the request. 

Hiring and separation report.—The Committee directs HUD’s Office of the Chief Financial Officer and the Office of the Chief 

Human Capital Officer to submit quarterly reports to the House 

and Senate Committees on Appropriations on hiring and separations by program office. This report shall include position titles, location, associated full-time equivalents, total number of unfilled 

FTEs and the length of time each individual FTE has been unfilled, and include the Office of Inspector General and Government 

National Mortgage Association. 

Office of the Chief Financial Officer (OCFO).—The Committee 

does not support the realignment of staff from OCFO to the Office 

of Congressional and Intergovernmental Relations (CIR). Therefore, 

these staff and a corresponding amount of funding remain in 

OCFO. The Committee is adamantly opposed to such a realignment 

because it would upend the current working relationship and natural affinity between the Committee and the OCFO. The Committee insists on direct and unobstructed communications with the 

OCFO and bureau budget offices. 

Office of Credit.—The Committee supports centralized management and budgeting for the Department’s loan programs to ensure 

a consistent application of policy and management practices that 

are unique to these types of programs. Unlike the rest of the Department’s programs, which are budgeted for on a cash basis, loan 

programs are required to be budgeted for on a net present value 

basis. The Committee directs the OCFO to establish an Office of 

Credit dedicated to budgeting and managing loan programs. 

PROGRAM OFFICES SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ......................................................... $822,144,000 

Budget request, fiscal year 2020 ....................................................... 827,000,000 

Recommended in the bill ................................................................... 849,144,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +27,000,000 

Budget request, fiscal year 2020 ................................................... +22,144,000 

The Program Offices Salaries and Expenses (POSE) appropriation pays for the staff cost attributable to specific Department programs, whereas the cost of the assistance is accounted for in the 

proceeding program accounts, such as Tenant-based Rental Assistance. Each POSE office implements one or more HUD programs. 

COMMITTEE RECOMMENDATION

The Committee recommends the following amounts for each 

POSE office. 

Program Office Salaries and Expenses (POSE) Request Recommendation 

Office of Public and Indian Housing .............................................................................. $206,000,000 $230,000,000 

Office of Community Planning and Development ........................................................... 114,000,000 117,000,000 

Office of Housing ............................................................................................................. 399,000,000 386,144,000 

Office of Policy Development and Research ................................................................... 26,000,000 26,000,000 

Office of Fair Housing and Equal Opportunity ............................................................... 73,000,000 80,000,000 

Office of Lead Hazard Control and Healthy Homes ........................................................ 9,000,000 10,000,000 

Total, POSE ............................................................................................................. 827,000,000 849,144,000 

84 

• The Office of Public and Indian Housing oversees the administration of the Public Housing, Housing Choice Vouchers, 

and Native American programs. • The Office of Community Planning and Development is responsible for the administration of Community Development 

Block Grants (CDBG), the Home Investment Partnership 

(HOME), Homeless Assistance Grants, and other community 

development programs. • The Office of Housing implements Federal Housing Administration multi- and single-family homeownership programs 

and assisted rental housing programs. • The Office of Policy Development and Research directs the 

Department’s annual research agenda to support the research 

and evaluation of housing and other departmental initiatives 

to improve HUD’s effectiveness and operational efficiencies. • The Office of Fair Housing and Equal Opportunity receives, investigates, conciliates and recommends the issuance 

of charges of discrimination and determinations of non-compliance for complaints filed under Title VIII and other civil rights 

authorities. • The Office of Lead Hazard Control and Healthy Homes is 

responsible for the Lead-Based Paint Hazard Reduction program and addressing multiple housing-related hazards affecting the health of residents, particularly children. 

Public and tribal housing inspections.—The Committee provides 

additional resources for public and tribal housing to support ongoing public housing financial and physical assessment activities, 

pilot a new physical inspection process, and implement the recommendations made in the March 2019 Government Accountability 

Office (GAO) report ‘‘Real Estate Inspection Center: HUD Should 

Improve Physical Inspection Process and Oversight of Inspectors’’ 

(GAO–19–254). In addition, these resources are intended to support 

inspections, monitoring, and other oversight activities conducted by 

the Office of Native American Programs in support of the Native 

American Housing Block Grants, Indian Community Development 

Block Grants, Section 184 Indian Housing Loan Guarantee, and 

Tribal HUD–VASH programs. 

Sexual harassment in housing.—The Committee supports the 

interagency task force between the Departments of Housing and 

Urban Development (HUD) and Justice (DOJ) to combat sexual 

harassment in housing that was announced in 2018. The Committee directs the Departments to submit a joint report to the 

House and Senate Committees on Appropriations no later than 90 

days after enactment of this Act on activities of the task force. Specifically, the joint report shall address the development of a shared 

strategy between HUD and DOJ for combating sexual harassment 

in housing across the country, continued data sharing and analysis, 

joint development of training, evaluation of public housing complaint mechanisms, coordination of public outreach and press strategy, and review of Federal policies. 

Violence Against Women Act (VAWA).—The Violence Against 

Women Reauthorization Act included critical housing protections 

for victims of domestic violence, dating violence, sexual assault, 

and stalking across HUD’s core housing and homelessness programs. The Committee provides additional resources for the DeVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00084 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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partment to carry out these authorities. In particular, the Committee directs the Department to prioritize the creation of guidance 

and outreach to public housing authorities and private property 

owners participating in HUD programs on their responsibilities 

under VAWA including emergency transfers and record retention. 

WORKING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

The Department of Housing and Urban Development’s Working 

Capital Fund (WCF), in its present form, was established by the 

Consolidated Appropriations Act, 2016 to perform a limited number 

of commodity-like administrative functions where economies of 

scale can be achieved. These functions are limited in statute to: financial management, procurement, travel, relocation, human resources, printing, records management, space renovation, furniture, 

and supply services. 

The Committee does not provide any funding to the WCF. Instead, the WCF staff and its activities are funded with transfers 

from the Department’s salary and expenses accounts (i.e., Executive Offices, Administrative Support Offices, Program Office Salaries and Expenses, and Government National Mortgage Association). 

The Committee expects that, prior to exercising discretion to centrally fund an activity, the Secretary shall have established transparent and reliable unit cost accounting for the offices and agencies 

of the Department that use the activity, and shall have adequately 

trained staff within each affected office and agency on resource 

planning and accounting processes associated with the centralization of funds to this account. 

Prior to exercising its authority to transfer funds for activities 

beyond what is required for shared service agreements, the Committee directs HUD to establish a clear execution plan for centralizing the additional activities, and to transmit that plan to the 

House and Senate Committees on Appropriations 30 days prior to 

transferring such funds into the WCF. 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

Appropriation, fiscal year 2019 ......................................................... $22,598,000,000 

Budget request, fiscal year 2020 ....................................................... 22,237,500,000 

Recommended in the bill ................................................................... 23,810,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +1,212,000,000 

Budget request, fiscal year 2020 ................................................... +1,572,500,000 

In fiscal year 2005, the Housing Certificate Fund was separated 

into two new accounts: Tenant-Based Rental Assistance and 

Project-Based Rental Assistance. This account administers the tenant-based Section 8 rental assistance program otherwise known as 

the Housing Choice Voucher program. 

COMMITTEE RECOMMENDATION

The Committee recommends $23,810,000,000 for Tenant-Based 

Rental Assistance. Consistent with the budget request, the Committee continues the advance of $4,000,000,000 of the funds approVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00085 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
86 

priated under this heading for Section 8 programs to October 1, 

2020. 

Request Recommendation 

Voucher Renewals .................................................................................................... $20,115,541,000 $21,400,000,000 

Administrative Fees ................................................................................................. 1,738,459,000 1,925,000,000 

Veterans Affairs Supportive Housing (VASH) .......................................................... – – – 40,000,000 

Tribal HUD–VASH ..................................................................................................... – – – 5,000,000 

Tenant Protection Vouchers ..................................................................................... 130,000,000 150,000,000 

Family Unification Vouchers .................................................................................... – – – 40,000,000

Mainstream Vouchers .............................................................................................. 259,500,000 225,000,000 

Family Mobility Demonstration ................................................................................ – – – 25,000,000 

TOTAL .............................................................................................................. 22,237,500,000 23,810,000,000 

Voucher renewals.—The Committee provides $21,400,000,000 for 

the renewal of tenant-based vouchers. The Committee directs the 

Department to monitor and report to the House and Senate Committees on Appropriations each quarter on the trends in Section 8 

subsidies and to report on the required program alterations due to 

changes in rent or changes in tenant income. The Committee provides additional resources that can be a tool to reduce homelessness among families with children and the unsheltered. 

Veterans Affairs Supportive Housing (VASH).—To continue the 

effort to eliminate homelessness among our Nation’s veterans, the 

Committee provides $40,000,000 for new, incremental vouchers 

dedicated to vulnerable veteran households. In addition, no less 

than $723,000,000 in voucher renewal appropriation is available to 

renew approximately 100,000 eligible VASH vouchers funded in 

prior years. Since 2008, the Committee has provided more than 

$755,000,000 in targeted funding to increase the number of VASH 

vouchers available to address veteran homelessness and billions of 

dollars have been made available to renew HUD–VASH vouchers 

over the same period. 

Vouchers for homeless Native American veterans.—The Committee provides $5,000,000 for rental assistance and associated administrative costs for Tribal HUD–VASH to serve Native American 

veterans who are homeless or at risk of homelessness living on or 

near a reservation, or other Indian areas. The Committee anticipates that most of this funding will be needed to renew previously 

provided assistance. To the extent funds remain after previously 

awarded assistance has been renewed, HUD may use the remaining funds to award new assistance based on need and administrative capacity. This program was first funded in fiscal year 2015, 

and because of the unique nature of the program, a separate renewal line is required. These resources are in addition to VASH appropriations included within voucher renewal funding. 

The Committee recognizes that the rural and remote nature of 

many Native communities presents unique barriers to hiring and 

retaining qualified professionals who meet the Department of Veterans Affairs (VA) standards for case managers. The Committee 

encourages HUD to continue working collaboratively with the VA 

and Tribal HUD–VASH funding recipients to implement their program. In addition, the Committee urges HUD to ensure that Tribal 

HUD–VASH funding recipients unable to fully implement their 

program due to challenges hiring and retaining case managers are 

87 

not treated inequitably due to delays, particularly in performance 

evaluations and when applying for continued funding. 

Tenant Protection vouchers.—The Committee provides 

$150,000,000 for Tenant Protection vouchers. The Committee rejects proposals included in the budget to reduce public housing, but 

includes this increase to address anticipated closures of certain 

public housing properties unrelated to any reductions proposed by 

the Administration. In its annual notice of funding awards for tenant protection vouchers, the Department shall also include each 

specific Property ID and name that experienced a triggering event 

to support each funding award. 

Section 811 Mainstream vouchers.—The Committee provides 

$225,000,000 for Section 811 tenant-based subsidies. This is equal 

to the fiscal year 2019 enacted level and sufficient to renew previously awarded eligible vouchers. 

Family Unification Program vouchers.—The Committee provides 

$40,000,000 for Family Unification vouchers. This is $20,000,000 

over the fiscal year 2019 level to provide housing vouchers on demand for at-risk youth who have ‘‘aged out’’ of foster care. 

Homeless veterans on U.S.-Mexico border.—The Committee notes 

that there are many homeless veterans living on the U.S.-Mexico 

border, many of whom have not historically been counted in the 

point-in-time homeless survey. The Committee directs HUD to take 

action to ensure that HUD–VASH vouchers are made available to 

this unique population. The Committee further directs HUD to develop strategies and recommendations for addressing and reducing 

veteran homelessness on the U.S.-Mexico border, and to provide a 

report on its efforts within 90 days of enactment of this Act. 

HUD–VASH case management.—The Committee recognizes the 

value and impact of the HUD–VA Supportive Housing (VASH) program, which serves veterans experiencing homelessness. Case management services are critically important to the function of the program, and public housing authorities rely on VA Medical Center referrals to house veterans. Due to the joint nature of HUD–VASH 

funding, the Committee recognizes the importance of the VA’s 

budget for case managers in relationship to the vouchers provided. 

Section 8 Management Assessment Program.—In fiscal year 2019, 

the Committee directed the Department to analyze whether differences in scoring PHAs created inequities and to report to the 

Committee. The Committee looks forward to receiving the results 

of the report. 

Collaboration with SAMHSA.—The Committee directs the Department to conduct a feasibility study with the Department of 

Health and Human Services to understand how Section 8 vouchers 

could provide housing opportunities to those who seek SAMSHA 

supported services, modeled on the success of the HUD–VASH program. Such a report shall include recommendations for Congress 

on providing authorization for such a program, as well as a review 

of how federal funds flow to localities, opportunities for local and 

state partnership with federal agencies, and a review of potential 

barriers to housing for these individuals. This study should be provided within 120 days of enactment to the House and Senate Committees on Appropriations and the House and Senate authorizing 

committees. 

88 

Small public housing agencies.—The Committee is aware of confusion regarding the definition of ‘‘rural’’ as applied to small public 

housing agencies by the Department of Housing and Urban Development (HUD) in implementing Public Law 115–174. The Committee directs HUD to provide a report to the relevant congressional committees no later than 120 days after enactment of this 

Act clarifying what small public housing agencies qualify as rural 

under such law. 

Housing for the reentry population.—The Committee is encouraged by the actions that HUD has taken to reduce the barriers that 

the reentry population faces in securing housing. Recognizing that 

a firm foundation including safe and reliable housing is a critical 

part of reducing recidivism, the Committee urges HUD to further 

explore other initiatives to reducing barriers. 

Fair market rents.—The Committee is aware of the concerns regarding the data used to calculate fair market rents and directs the 

Department to work with its authorizing Congressional Committees to develop statutory flexibilities for operating the voucher program in such a way that vouchers will be usable in rapidly rising 

rental markets. 

Purchasing power of vouchers.—The Committee directs the Department to report to the Committee on the impacts that rising 

rental market prices have had on the purchasing power of rental 

assistance vouchers administered by public housing authorities 

(PHAs), including Moving To Work (MTW) agencies and HUD– 

VASH vouchers. The Committee directs the Department to develop 

recommendations regarding funding levels necessary to ensure that 

PHAs, including MTW agencies, are able to continue serving the 

same number of households. The Committee is aware that an MTW 

expansion cohort will study landlord incentive programs and looks 

forward to the results of that study. 

Hardship exemptions.—The Committee directs the Department to 

submit a report to the Committee within 120 days of enactment of 

this Act that provides the Department’s plan and associated 

timeline for increasing tenant awareness of hardship exemption 

policies. This plan must include HUD’s strategy and timing for conducting additional outreach on hardship exemptions, including but 

not limited to, notice about the availability of hardship exemptions 

and the applicable process to each family paying or notified of the 

obligation to pay minimum rents. The plan should also update relevant guidance documents for the covered programs. 

Evictions data.—The Committee directs the Department to explore what it would take to collect, analyze, and make publicly 

available data on evictions from all of its Federally-assisted housing properties, including tenant characteristics such as the age, 

gender, race, and ethnicity of all tenants residing on the property, 

and report on its findings within 120 days of enactment of this Act. 

Administration ‘‘rent reform’’ proposals.—The Committee does 

not include language implementing any of the Administration’s 

‘‘rent reform’’ proposals and funds accounts accordingly. The Committee believes these proposals would harm America’s most vulnerable populations and do nothing to address the issues of poverty 

they face. 

89 

HOUSING CERTIFICATE FUND

(INCLUDING RESCISSIONS)

The Housing Certificate Fund, until fiscal year 2005, provided 

funding for both the project-based and tenant-based components of 

the Section 8 program. Project-Based Rental Assistance and Tenant-Based Rental Assistance are now separately funded accounts. 

The Housing Certificate Fund retains balances from previous years’ 

appropriations. 

COMMITTEE RECOMMENDATION

Language is included to allow unobligated balances from specific 

accounts to renew or amend Project-Based Rental Assistance contracts. 

PUBLIC HOUSING CAPITAL FUND

Appropriation, fiscal year 2019 ......................................................... $2,775,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 2,855,057,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +80,057,000 

Budget request, fiscal year 2020 ................................................... +2,855,057,000 

The Public Housing Capital Fund provides funding for public 

housing capital programs, including public housing development 

and modernization. Examples of capital modernization projects include replacing roofs and windows, improving common spaces, upgrading electrical and plumbing systems, and renovating the interior of an apartment. 

COMMITTEE RECOMMENDATION

The Committee recommends $2,855,057,000 for the Public Housing Capital Fund. The recommendation does not include the request to eliminate this account and direct unobligated balances to 

the Public Housing Operating Fund, nor does it provide for competitive grants to demolish public housing. The Committee continues to support a significant Federal commitment to public housing and rejects multiple proposals included in the budget intended 

to facilitate a reduction of the public housing portfolio. 

Within the amounts provided, the Committee directs that: 

• $28,000,000 is to support the ongoing public housing financial and physical assessment activities of the Real Estate Assessment Center, pilot a new physical inspection process and 

implement recommendations made in the March 2019 GAO report (GAO–19–254); 

• Up to $16,000,000 is to support the costs of administrative 

and judicial receiverships; 

• Up to $30,000,000 is made available for emergency capital 

needs, excluding Presidentially-declared disasters. The Committee includes language to ensure that funds are used only for 

repairs needed due to an unforeseen and unanticipated emergency event or natural disaster that occurs during fiscal year 

2020, or for certain security measures. Of that amount, 

$10,000,000 is for safety and security measures; 

• $25,000,000 is for competitive grants to evaluate and reduce lead-based paint hazards; and 

90 

• $25,000,000 is for competitive grants for activities under 

the Healthy Homes Initiative, including addressing carbon 

monoxide poisoning, mold, and other household hazards. 

The Committee directs that all PHAs, including those that are 

troubled, substandard, or are under the direction of HUD, a monitor, or a court-appointed receiver are eligible for funding for competitive grants for both lead-based paint hazards and activities 

under the Healthy Homes Initiative. The Committee intends that 

the PHAs with the greatest need will have access to the funds. Additionally, the Committee directs that HUD consider increasing the 

amount of individual grants so that the scale of the problems can 

be addressed appropriately. 

The Committee notes that funding for the Resident Opportunity 

and Self-Sufficiency (ROSS) program and Jobs Plus is included in 

this Act, but has been moved to a new account called Self-Sufficiency Programs. 

Carbon monoxide poisoning.—The Committee is alarmed at reports of deaths resulting from carbon monoxide poisoning in public 

housing subsidized by the Department. Therefore, the Committee 

recommends that the Secretary evaluate requiring carbon monoxide detectors in rental housing that receives funding from HUD. 

PUBLIC HOUSING OPERATING FUND

Appropriation, fiscal year 2019 ......................................................... $4,653,116,000 

Budget request, fiscal year 2020 ....................................................... 2,863,000,000 

Recommended in the bill ................................................................... 4,753,116,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +100,000,000 

Budget request, fiscal year 2020 ................................................... +1,890,116,000 

The Public Housing Operating Fund subsidizes the costs associated with operating and maintaining public housing. This subsidy 

supplements funding received by public housing authorities (PHAs) 

from tenant rent contributions and other income. In accordance 

with section 9 of the United States Housing Act of 1937, as amended, funds are allocated by formula to public housing authorities for 

the following purposes: utility costs; anti-crime and anti-drug activities, including the costs of providing adequate security; routine 

maintenance costs; administrative costs; and general operating expenses. 

COMMITTEE RECOMMENDATION

The Committee recommends $4,753,116,000 for the Federal 

share of PHA operating expenses. 

Quality assurance of physical inspections.—The Committee is 

troubled by reports of deplorable living conditions found in some 

HUD-subsidized properties across the country. The scope of this 

issue spans geographic regions, highlights systemic problems, and 

calls into question the effectiveness of HUD oversight, and the Real 

Estate Assessment Center’s (REAC) inspections of HUD-assisted 

housing. The Committee encourages the Department to work with 

the Congress on enforcement actions, including civil monetary penalties, that HUD can take to ensure PHAs and landlords maintain 

the physical quality of HUD-assisted units. Similarly, while the 

Committee is supportive of efforts to quickly issue tenant-protection vouchers, the issuance of these vouchers is a tacit acknowlVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00090 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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edgement that the Department has failed to ensure units are maintained as decent, safe and sanitary. Additionally, failure to maintain the physical condition of HUD-assisted properties results in a 

loss of critical affordable housing and tenant protection vouchers 

are of questionable value to families that encounter a lack of affordable housing in their communities. The Committee directs the 

Department to solicit comments from stakeholders, including tenants, to identify ways the Department can improve its inspection 

protocols and oversight. The Committee will continue to closely 

monitor the Department’s efforts and progress and directs the Department to submit to the House and Senate Committees on Appropriations within 60 days of enactment of this Act a report identifying how HUD is improving the inspection process and related 

protocols, including quality assurance of inspections, identified actions yet to be implemented, the status of actions undertaken, and 

a timeline for completion of all actions. 

Lead assessments in Federally-assisted housing.—The Committee 

continues to believe that, given the significant impact lead exposure can have on children and their development, there continues 

to be a need for lead inspection standards within Federally assisted 

housing, including public housing and the Housing Choice Voucher 

program. The Committee believes that the Department has the 

statutory authority necessary to require stringent inspections when 

checking homes for lead paint. Visual lead inspections have proven 

insufficient and more rigorous standards such as requiring risk assessments prior to a family moving into a home should be considered, where appropriate, to ensure that children living in Federally-assisted homes are protected from lead poisoning. 

Operating fund adjustment factors.—The Committee is concerned 

that the Department’s current methodology for calculating formula 

income and utility expenses for PHAs does not accurately reflect 

the reality that many experience locally. This is especially true for 

those PHAs that serve large elderly or disabled populations, or operate on a utility that is of higher cost than other parts of the country. The Committee appreciates that the Department takes seriously concerns raised by PHAs and is reviewing its data and evaluating alternative approaches. The Committee directs the Department to report to the House and Senate Committees on Appropriations within 60 days of enactment of this Act on alternative methodologies for calculating PHA formula income for purposes of Operating Fund eligibility. 

Enterprise Income Verification.—The Committee directs the Department, through its Enterprise Income Verification system, to ensure that all public housing authorities have automated access to 

upfront income verification tools that provide current employment 

and income information available through payroll data providers in 

addition to data already provided via data matching agreements 

with the Social Security Administration and the Department of 

Health and Human Services. The Committee directs the Department of Housing and Urban Development to enter into legal agreements with payroll data providers to provide current employment 

and income information to housing agencies. 

92 

CHOICE NEIGHBORHOODS INITIATIVE

Appropriation, fiscal year 2019 ......................................................... $150,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 300,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +150,000,000 

Budget request, fiscal year 2020 ................................................... +300,000,000 

The CHOICE Neighborhoods Initiative leverages significant public and private dollars to support locally driven strategies that address struggling neighborhoods with distressed public or HUD-assisted housing through a comprehensive approach to neighborhood 

transformation. The program uses Federal grants to help communities transform neighborhoods by revitalizing severely distressed 

public and/or assisted housing and catalyzing critical improvements 

in the neighborhood, including vacant property, housing, businesses, services, and schools. 

COMMITTEE RECOMMENDATION

The Committee recommends $300,000,000 for the Choice Neighborhoods Initiative Program. 

The Committee encourages the Department to give prior year 

planning grant recipients priority consideration when awarding implementation grants. 

SELF-SUFFICIENCY PROGRAMS

Appropriation, fiscal year 2019 ......................................................... $130,000,000 

Budget request, fiscal year 2020 ....................................................... 75,000,000 

Recommended in the bill ................................................................... 150,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +20,000,000 

Budget request, fiscal year 2020 ................................................... +75,000,000 

HUD funds several programs to help low-income families living 

in subsidized housing enhance job skills, increase earnings and improve economic security. This recommendation moves the Family 

Self-Sufficiency (FSS), Resident Opportunity and Self-Sufficiency 

(ROSS), and Jobs Plus programs into a new account entitled SelfSufficiency Programs. Previously, Jobs Plus and ROSS were funded 

through the Public Housing Capital Fund. 

The FSS program provides grants to public housing authorities 

(PHAs) for FSS coordinators and, with authorization legislation enacted in 2018, has expanded eligibility to residents of Project-Based 

Rental Assistance housing. The ROSS program funds Service Coordinators to work with residents of Public and Indian Housing. The 

Jobs Plus Initiative provides grants to PHAs, which are required 

to partner with Department of Labor jobs centers. 

COMMITTEE RECOMMENDATION

The Committee provides a total of $150,000,000 for Self-Sufficiency Programs. The following table outlines the funding recommended for activities under this section. 

Request Recommendation 

Family Self-Sufficiency .................................................................................................... $75,000,000 $100,000,000 

Resident Opportunity and Self-Sufficiency ..................................................................... – – – 35,000,000 

Jobs Plus .......................................................................................................................... – – – 15,000,000 

93 

Request Recommendation 

Total ................................................................................................................... 75,000,000 150,000,000 

FSS authorization changes.—This recommendation reflects authorizing changes made by the Family Self-Sufficiency Act and enacted in Public Law 115–174 (Section 306), which streamline FSS 

program administration and expand the program to residents of 

Project-Based Rental Assistance properties. HUD has not yet proposed regulations to implement these changes. The Committee directs HUD to complete and release revisions to the FSS regulations 

no later than 90 days after enactment of this Act. 

FSS data.—The Committee directs HUD to submit data annually 

to the House and Senate Committees on Appropriations showing 

FSS participation, escrow accumulation, and graduation rates for 

various racial and ethnic groups participating in FSS (regardless of 

receipt of FSS coordinator grants), consistent with the categories 

used in HUD Forms 50058 and 50059. If HUD has not incorporated FSS data gathered into Form 50059 used by owners of 

PBRA properties to report tenant data by January 1, 2020, HUD 

shall match the racial and ethnic data submitted by owners on that 

form with the FSS data. 

Promoting upward mobility.—The Committee directs the Department to explore opportunities for stronger interagency collaboration 

to effectively promote and execute upward mobility and economic 

empowerment for HUD-assisted households through education and 

workforce development, including enhancement of current Department initiatives such as FSS, Jobs Plus, and ROSS. A report on 

proposed interagency collaboration projects shall be submitted to 

the House and Senate Committees on Appropriations within 270 

days of the enactment of this Act. 

NATIVE AMERICAN PROGRAMS

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2019 ......................................................... $820,000,000 

Budget request, fiscal year 2020 ....................................................... 600,000,000 

Recommended in the bill ................................................................... 855,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +35,000,000 

Budget request, fiscal year 2020 ................................................... +255,000,000 

The Act restructures the major programs administered by HUD’s 

Office of Native American Programs into a single account. The Native American Programs account funds the Native American Housing Block Grants and Indian Community Development Block 

Grants programs. The Native American Housing Block Grants program, authorized by the Native American Housing Assistance and 

Self-Determination Act of 1996 (NAHASDA), provides funding to 

American Indian tribes and their Tribally Designated Housing Entities (TDHEs) to help address affordable housing needs within 

their communities. The Indian Community Development Block 

Grants program, authorized under title I of the Housing and Community Development Act of 1974, provides American Indian tribes 

the opportunity to compete for funding to address tribal community 

development needs. 

94 

COMMITTEE RECOMMENDATION

The Committee provides $855,000,000 for the Native American 

Programs account. The following table provides funding levels for 

activities within this account. 

Request Recommendation 

Native American Housing Block Grants—Formula ................................................. $598,000,000 $671,000,000 

Title VI Loan Program .............................................................................................. 2,000,000 2,000,000 

Native American Housing Block Grants—Competitive ........................................... – – – 100,000,000 

Indian Community Development Block Grants ........................................................ – – – 75,000,000 

Training and Technical Assistance ......................................................................... – – – 7,000,000 

Total .................................................................................................................... 600,000,000 855,000,000 

A January 2017 report published by HUD confirmed that homelessness in tribal areas translates into overcrowded homes, finding 

that between 42,000 and 85,000 Native Americans were living with 

friends or relatives only because they had no place of their own and 

to prevent homelessness. According to the report, 33,000 new units 

are needed in Indian country to eliminate overcrowding and another 35,000 new units are needed to replace units that are physically inadequate. Recognizing this significant need for affordable 

housing and improving living conditions in tribal communities 

across the nation, the Committee recommendation provides 

$25,000,000 more than the amount provided in fiscal year 2019 for 

formula grants to tribes and TDHEs under the Native American 

Housing Block Grants program. In addition, for the third consecutive fiscal year, the Committee provides $100,000,000 in additional 

resources through competitive grants to be awarded on the basis of 

need and administrative capacity to recipients eligible under 

NAHASDA. Further, the Committee notes that $1,727,000 in fiscal 

year 2017 appropriated funding was provided to the Section 184 Indian Housing Loan Guarantee program for the construction of rental housing for law enforcement, healthcare, educational, technical, 

and other skilled workers. The Committee encourages tribes and 

TDHEs to consider utilizing this support for workforce housing 

when developing projects for the competitive grants under the Native American Housing Block Grants program. 

Similarly, the needs continue to exceed the funding available for 

the Indian Community Development Block Grants program. In fiscal year 2017, HUD was only able to fund 62 percent of the eligible 

applications received. Given the challenges in Indian country and 

the limited resources available to address them, the Committee recommendation provides $10,000,000 more than the amount provided 

in fiscal year 2019 for the Indian Community Development Block 

Grants program. 

Formula grant overfunding.—The Native American Housing 

Block Grants allocation formula is based on need as measured in 

part by current assisted housing stock. However, housing data used 

to calculate allocations in any given year often contains inaccuracies that are subsequently corrected. These data revisions result in 

some Indian tribes having received grants in excess of their accurate formula allocation which in turn causes all other Indian tribes 

to be technically underfunded for that same year. To address this 

recurring problem, the Department has in the past recouped prior 

year awards made in excess of eligibility by offsetting current year 

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awards. The Committee believes that this practice is within the Department’s authority. To ensure that Native American Housing 

Block Grants under this heading are allocated accurately and in accordance with statutory requirements, the Committee directs the 

Department to continue the practice of offsetting formula allocations in fiscal year 2020 should it receive data indicating that an 

overpayment occurred, provided the Department takes action within three years from the date the Formula Response Form is sent 

out. If the Department recoups funds from a tribe and a subsequent appeals process determines that the funds should not have 

been recouped, the Committee directs the Department to increase 

the tribe’s next funding allocation, following the final appeals determination, equal to the amount of the improperly recouped funds. 

Technical assistance.—The Committee provides $7,000,000 for 

technical assistance needs in Indian country to support the Native 

American Housing Block Grants program, the Indian Community 

Development Block Grants program, and other HUD programs in 

order to meet the needs of Native American families and tribal 

communities. The Committee directs HUD to use the technical assistance funding to aid tribes with capacity challenges. The funding 

should be used for training, contract expertise, inspections, and 

other services necessary to address needs identified by tribes. Of 

the total technical assistance funding provided, no less than 

$2,000,000 shall be awarded to a national organization as authorized by section 703 of NAHASDA. 

Reservation housing.—The Committee recognizes the importance 

of housing assistance provided as a result of NAHASDA and encourages the Department to support efforts by tribes to renovate 

substandard reservation housing. HUD has an obligation to ensure 

that housing in its inventory is transferred to Indian tribes, 

TDHEs, or eligible Native American families as expeditiously as 

possible. 

The Committee also recognizes that a number of coastal tribal 

communities are actively working to relocate homes and other critical infrastructure to higher ground to mitigate the impacts of climate change. The Committee encourages the Department to 

prioritize funding and technical assistance resources to support 

these efforts and to encourage resilient building and planning practices throughout Indian Country. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

Appropriation, fiscal year 2019 ......................................................... $1,440,000 

Budget request, fiscal year 2020 ....................................................... 2,500,000 

Recommended in the bill ................................................................... 2,500,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +1,060,000 

Budget request, fiscal year 2020 ................................................... – – – 

Section 184 of the Housing and Community Development Act of 

1992 established a loan guarantee program for Native American individuals, tribes, and Tribally Designated Housing Entities to build 

new housing or purchase existing housing on trust land. This program provides access to private financing that otherwise might be 

unavailable because of the unique legal status of Indian trust land. 

96 

COMMITTEE RECOMMENDATION

The Committee provides $2,500,000 in new credit subsidy for the 

Section 184 loan guarantee program. This will support a loan volume of $1,000,000,000. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

Appropriation, fiscal year 2019 ......................................................... $2,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 2,500,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +500,000 

Budget request, fiscal year 2020 ................................................... +2,500,000 

The Hawaiian Homelands Homeownership Act of 2000 created 

the Native Hawaiian Housing Block Grant program to provide 

grants to the State of Hawaii Department of Hawaiian Home 

Lands (DHHL) for housing activities on Hawaiian home lands, in 

order to develop, maintain, and operate affordable housing for eligible low-income Native Hawaiian families. As one of the United 

States’ indigenous people, Native Hawaiian people have a unique 

relationship with the Federal government. 

COMMITTEE RECOMMENDATION

The Committee provides $2,500,000 for the Native Hawaiian 

Housing Block Grant program. The Committee encourages the Department to continue to provide technical assistance to DHHL in 

developing and executing plans to meet the housing needs of lowincome Native Hawaiians. 

NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM

ACCOUNT

Section 184A of the Housing and Community Development Act of 

1992 established a loan guarantee program for Native Hawaiian 

families who are eligible to reside on Hawaiian home lands and 

would otherwise face barriers to acquiring such financing because 

of the unique legal status of the Hawaiian home lands. 

COMMITTEE RECOMMENDATION

The Committee provides no funding for the Section 184A loan 

guarantee program as proposed in the budget request. The program operates on a negative subsidy basis and has sufficient balances of prior year loan guarantee limitation to continue making 

Section 184A loans. 

COMMUNITY PLANNING AND DEVELOPMENT

HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS

Appropriation, fiscal year 2019 ......................................................... $393,000,000 

Budget request, fiscal year 2020 ....................................................... 330,000,000 

Recommended in the bill ................................................................... 410,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +17,000,000 

Budget request, fiscal year 2020 ................................................... +80,000,000 

The Housing Opportunities for Persons with AIDS (HOPWA) program provides States and localities with resources to address the 

housing needs of low-income persons living with HIV/AIDS. Stable 

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housing can reduce risky behavior, improve adherence to medication, and reduce HIV transmission. Funding is distributed primarily by formula to qualifying States and metropolitan areas 

based on the number of individuals living with HIV/AIDS reported 

to the Centers for Disease Control, housing costs, and poverty 

rates. Government grantees are required to have a HUD-approved 

Comprehensive Plan. 

COMMITTEE RECOMMENDATION

The Committee recommends $410,000,000 for HOPWA, which 

will ensure that grantees are held harmless as the Department implements HOPWA formula modernization. The Committee recommendation includes formula grants and funding for the renewal 

of certain expiring contracts that were previously funded under 

HOPWA competitive grants. 

Priority renewal for competitive grants.—The Department requested the removal of a provision which requires that competitive 

grantees receive priority renewal. The recommendation does not include that change. However, the Committee believes that holding 

projects accountable for their ability to demonstrate effectiveness 

through performance data is essential to getting the most out of 

limited Federal resources. The Committee directs the Department 

to work with communities to prepare to implement this change in 

the future. 

COMMUNITY DEVELOPMENT FUND

Appropriation, fiscal year 2019 ......................................................... $3,300,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 3,600,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +300,000,000 

Budget request, fiscal year 2020 ................................................... +3,600,000,000 

The Community Development Fund, authorized by the Housing 

and Community Development Act of 1974 (42 U.S.C. 5301 et seq.), 

provides funding, primarily through Community Development 

Block Grants (CDBG), to State and local governments and other eligible entities to carry out community and economic development 

activities. 

COMMITTEE RECOMMENDATION

The Committee recommends a total of $3,600,000,000 for the 

CDBG formula program for entitlement communities and States. 

Funding is also provided for Indian CDBG, but it has been moved 

to the new Native American Programs account. 

Of the amount provided for the CDBG formula programs, 

$7,000,000 is for insular areas, per 42 U.S.C. 5306(a)(2), which is 

the same as the fiscal year 2019 enacted level. 

The recommendation continues language requiring the Department to notify grantees of their formula allocation within 60 days 

of enactment of this Act. 

Resilience.—The Secretary is directed to encourage grantees of 

the CDBG program to utilize funds for activities designed to increase project resilience to harden structures to withstand severe 

weather and other natural hazards, including flooding, wind, and 

other hazards identified by the Secretary. In addition, the ComVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00097 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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mittee recommends that the Secretary issue guidelines for jurisdictions relating to the appropriate inclusion of residential manufactured homes in a Consolidated Plan of the jurisdiction. 

A provision in the Title II General Provisions directs the Department to make data for broadband and resiliency requirements to 

be incorporated into Consolidated Plans available to grantees not 

later than 90 days after enactment of this Act and requires grantees to incorporate broadband and resiliency components into their 

Consolidated Plans not later than 270 days after enactment of this 

Act. 

Distressed coal communities.—The Committee encourages the 

Department to prioritize technical assistance to assist coal communities emerging from economic downturn and help utilize CDBG 

funds to revitalize those communities. 

Transitional housing for individuals exiting recovery.—The Committee recognizes the importance of stable transitional living environments for individuals in recovery from substance misuse disorder, including opioid addiction. The Committee directs HUD to 

encourage CDBG recipients to provide funding to organizations 

that offer transitional housing opportunities to those in recovery 

and looks forward to receiving HUD’s guidance on how relevant 

programs would be operated. 

Best practices.—The Committee recognizes that the flexibility of 

CDBG is a great asset to bring development to communities with 

diverse needs. The Committee urges the Department to conduct 

trainings on best development practices gleaned from success stories from urban areas to provide technical expertise to other struggling urban areas on how best to invest and leverage these grants. 

The Committee directs the Department to submit a report to the 

Committee on these efforts within 120 days of enactment of this 

Act. 

Weatherization report.—The Committee recognizes that many individuals who would otherwise be eligible for the Weatherization 

Assistance Program (WAP) have homes with structural deficiencies—particularly of the roof and building envelope—which preclude them from participating. Within 180 days of enactment of 

this Act, the Department shall issue a report to the Committee 

characterizing the deficiencies of these homes and the costs to meet 

the requirements of the WAP. The report shall correlate the needs 

of the homes with the demographics of the residents and their geographical location with particular attention paid to cities eligible 

for Hardest Hit Funds. The Department is also directed to provide 

technical assistance and educational training opportunities to its 

regional staff and grantees on utilizing HOME funds along-side 

other complementary weatherization funds from LIHEAP and the 

Department of Energy. HUD shall instruct grantees about the possibilities of a community approach in outreach. 

Small communities surveys.—The Committee understands that 

the Department is completing an analysis of small survey sample 

problems in Washington State and looks forward to seeing the results and any accompanying recommendations within 120 days of 

enactment of this Act. 

Neighborhood Stabilization/Hardest Hit Fund.—The Committee 

notes that Neighborhood Stabilization Program grantees have 

$400,000,000 remaining in grant funds and program income and 

99 

encourages the Department to work with grantees to address the 

need for revitalization of distressed neighborhoods. 

COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

Budget 

authority 

Limitation on 

guaranteed loans 

Appropriation, fiscal year 2019 ....................................................................... – – – $300,000,000 

Budget request, fiscal year 2020 ................................................................... – – – – – – 

Recommended in the bill ................................................................................ – – – 300,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 .................................................................. – – – – – – 

Budget request, fiscal year 2020 ............................................................... – – – +300,000,000 

The Section 108 Loan Guarantee program is a source of variable 

and fixed-rate financing for communities undertaking projects eligible under the CDBG program. 

COMMITTEE RECOMMENDATION

The Committee recommendation continues the Section 108 Loan 

Guarantee program as a borrower-paid subsidy program, and 

therefore recommends providing no budget authority, but provides 

a limit on guaranteed loan volume of $300,000,000. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

Appropriation, fiscal year 2019 ......................................................... $1,250,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 1,750,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +500,000,000 

Budget request, fiscal year 2020 ................................................... +1,750,000,000 

The HOME Investment Partnerships Program provides block 

grants to participating jurisdictions (States and units of general 

local government) to undertake activities that expand the supply of 

affordable housing. HOME block grants are distributed based on 

formula allocations. Upon receipt of these Federal funds, State and 

local governments develop a housing affordability strategy to acquire, rehabilitate, or construct new affordable housing, or to provide rental assistance to eligible families. 

COMMITTEE RECOMMENDATION

The Committee recommends $1,750,000,000 for activities funded 

under this account. This increase is especially significant because 

the HOME program is both an infrastructure program that creates 

jobs and one that serves vulnerable populations by enabling States 

and localities to expand their supply of affordable housing. HOME 

has invested $31,900,000,000 since 1992 to help build and preserve 

about 1,300,000 affordable homes and to provide direct rental assistance to more than 358,000 families. This investment has supported more than 640,000 jobs and leveraged over $147,000,000,000 

in other public and private funds. 

High-cost metropolitan areas.—In fiscal year 2019, the Committee directed the Department to report to the House and Senate 

Committees on Appropriations to identify metropolitan areas where 

entry limits harmful to geographic and economic mobility are most 

prevalent and to recommend best practices to promote the producVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00099 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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tion of new housing stock in such areas. The Committee looks forward to receiving that report. 

Increasing homeownership opportunities.—The Committee encourages the Department to examine HOME’s rental unit requirements, which may inhibit opportunities for homeownership for income eligible homebuyers under the program. 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

Appropriation, fiscal year 2019 ......................................................... $54,000,000 

Budget request, fiscal year 2020 ....................................................... – – – 

Recommended in the bill ................................................................... 55,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +1,000,000 

Budget request, fiscal year 2020 ................................................... +55,000,000 

The Self-Help and Assisted Homeownership Opportunity Program (SHOP) helps support low-income homeownership by providing funding for non-profits and consortia that utilize the sweatequity model to build housing for first-time homeowners. Grant 

funds are used for land acquisition and improvements associated 

with developing new, quality dwellings for low-income persons, including those living in colonias, using the self-help model. 

Section 4 Capacity Building funds are set aside within this account and are awarded to a limited number of non-profits to develop the capacity of community development corporations and 

community housing development organizations to carry out community development and affordable housing activities. Section 4 funds 

must be matched by recipients with at least three times the grant 

amount in private funding. 

COMMITTEE RECOMMENDATION

The Committee recommends $55,000,000 for the Self-Help and 

Assisted Homeownership Program and directs that Section 4 funds 

be awarded competitively to non-profits to aid community development corporations and community housing development organizations. The following table provides funding levels for activities 

within this account. 

Request Recommendation 

SHOP ............................................................................................................................ – – – $10,000,000 

Section 4 Capacity Building ........................................................................................ – – – 40,000,000 

[Rural Capacity Building] ....................................................................................... [– – –] [5,000,000] 

National Organizations Rural Housing Capacity Building .......................................... – – – 5,000,000 

Total .................................................................................................................... – – – 55,000,000 

HOMELESS ASSISTANCE GRANTS

Appropriation, fiscal year 2019 ......................................................... $2,636,000,000 

Budget request, fiscal year 2020 ....................................................... 2,598,600,000 

Recommended in the bill ................................................................... 2,800,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +164,000,000 

Budget request, fiscal year 2020 ................................................... +201,400,000 

The Homeless Assistance Grants account provides funding for 

programs under title IV of the McKinney Act, as amended by the 

Homeless Emergency Assistance and Rapid Transition to Housing 

(HEARTH) Act of 2009. HEARTH Act programs include the ConVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00100 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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tinuum of Care (CoC) competitive grants, the Emergency Solutions 

Grants (ESG) program, and the Rural Housing Stability Grants 

program. 

COMMITTEE RECOMMENDATION

The Committee recommends $2,800,000,000 for homeless assistance grants, available until September 30, 2022. The following 

table provides funding levels for activities within this account. 

Request Recommendation 

Continuum of Care ...................................................................................................... $2,321,600,000 $2,344,000,000 

Emergency Solutions Grants ........................................................................................ 270,000,000 290,000,000 

Domestic Violence Survivors ........................................................................................ – – – 50,000,000 

Homeless Data Analysis Project .................................................................................. 7,000,000 7,000,000 

Youth Homelessness Demonstration ........................................................................... – – – 100,000,000 

Unallocated .................................................................................................................. – – – 9,000,000 

TOTAL .................................................................................................................. 2,598,000,000 2,800,000,000 

Performance-driven funding awards.—Holding projects accountable to their ability to demonstrate effectiveness through performance data is essential to getting the most out of limited Federal resources. While the recommendation does not include bill language 

directing the Secretary to increase the share of funding on the 

basis of system performance as in prior years, the Committee recognizes the increased competition in the program and directs the 

Secretary to maintain the share of the score awarded on performance criteria. 

Continuum of Care funding reallocation.—The recommendation 

includes language that directs the Secretary to prioritize funding to 

grantees that, when appropriate, reallocate funding from lower performing projects to higher performing projects. Reallocation drives 

higher return on investment and can also serve as a mechanism for 

containing annual inflation. 

HUD HAG Fund.—The Homeless Assistance Grants account recaptures funding from grantees that are unable to utilize grant 

awards in a given fiscal year. HUD’s use of recaptures has ensured 

that grantees remain accountable in providing services and meeting performance goals. However, in fiscal year 2018, HUD allowed 

$164,000,000 of prior year funding to lapse. These funds could have 

been used to deepen America’s response to homelessness. The Committee recommendation includes language in section 231 that creates the ‘‘HUD HAG Fund’’ which allows the Department to deposit 

recaptured funds into a central account and to use those funds 

until expended. The funding may be used in the Continuum of 

Care program and the Emergency Solutions Grant program. Additionally, no less than 10 percent of the funds will be targeted for 

new grants to rural areas and no less than 10 percent for a new 

program to assist people experiencing homelessness in areas that 

were impacted by a major natural disaster. Past data indicate that 

the HUD HAG Fund will provide approximately $90,000,000 in additional resources to fight homelessness each year. 

Comprehensive approaches to serving homeless youth.—The recommendation includes $100,000,000 for a fifth round of the youth 

homelessness demonstration program, of which up to $10,000,000 

shall be used to provide technical assistance and capacity building. 

102 

The Committee believes that every Continuum of Care must provide safe, inclusive, and culturally appropriate services for homeless youth. LGBTQ youth and youth of color are disproportionately 

impacted by experiences of homelessness. In anticipation of the 

transition from a demonstration program to services provided by 

all continua of care, the Committee directs the Secretary to compile 

best practices in serving youth experiencing homelessness and disseminate those best practices to all grantees. 

Further, the Committee recognizes the challenges faced by vulnerable youth exiting the foster care system who face significantly 

higher risks of experiencing homelessness, domestic violence, and 

sex trafficking. The Committee encourages HUD to diligently ensure that the Continuum of Care program continues to address all 

populations including youth who have aged out of foster care. 

Maintaining progress toward ending youth homelessness.—The 

Administration’s regulatory impact analysis accompanying the proposed rule ‘‘Housing and Community Development Act of 1980: 

Verification of Eligible Status’’ regarding undocumented immigrants in assisted housing indicates that the proposed rule would 

threaten the housing tenure of thousands of children who are U.S. 

citizens. The recommendation prohibits HUD from implementing 

the proposed rule or proposing a similar rule in the future. The 

Committee rejects this and any other proposal that would likely increase the number of homeless youth. 

A 2012 study from the Williams Institute indicated that LGBTQ 

youth comprised up to 40 percent of the homeless population, and 

a 2017 study from Chapin Hall indicates that LGBTQ youth were 

120 percent more likely to experience homelessness than nonLGBTQ youth. HUD’s Equal Access to Housing rules (77 FR 5662 

and 81 FR 64763) are critical in ensuring that all homeless youth 

have access to services. To ensure progress toward ending youth 

homelessness, the recommendation includes a prohibition on HUD 

altering or rescinding these rules. In January 2017, HUD withdrew 

guidance that clarified the Equal Access to Housing rules—guidance of practical use to providers who serve youth experiencing 

homelessness. In fiscal years 2016 and 2019, the Committee requested that the Department provide a report detailing the Department’s strategy for continuing to ensure that LGBTQ individuals 

have access to HUD programs for which they are eligible, and the 

plan for disseminating this information to PHAs. HUD has yet to 

provide such a strategy or a plan. Accordingly, the recommendation 

includes language restoring the guidance that was withdrawn in 

2017 and codifies the guidance in law. Together, these actions will 

ensure that all homeless youth have access to HUD-funded services. 

Finally, the recommendation also includes language that requires 

HUD to use the criteria specified in the 2018 notice of funding 

availability (NOFA) when administering homeless assistance 

grants programs. HUD’s fiscal year 2018 NOFA provides a framework that prioritizes permanent housing first, while allowing for 

the strategic use of transitional housing for targeted populations, 

including homeless youth. 

Addressing the needs of victims and survivors of domestic violence, sexual violence and stalking.—The recommendation includes 

$50,000,000 for rapid re-housing and supportive service projects for 

103 

survivors of domestic violence, sexual assault, dating violence, and 

stalking. The Committee recommends that the Department and 

CoCs partner with providers, including victim service providers, 

that have experience in delivering trauma-specific and culturally 

appropriate care to survivors. 

Companion animals.—The Committee directs the Secretary to 

enter into consultation with the Secretary of Agriculture within 60 

days of enactment of this Act, and enter into a memoranda of understanding as directed, to establish the requirements for grant application and execution under Section 12502 of P.L. 115–334, the 

Agriculture Improvement Act of 2018, to provide emergency and 

transitional shelter and housing options for domestic violence survivors with companion animals. 

Trauma-informed care.—The Committee recognizes the value of 

trauma-informed care and housing services and supports expanding the availability of these services to families, families with children, and individuals that are currently, or on the verge of, being 

homeless. 

Unsheltered homelessness.—The Committee directs the Secretary 

to prioritize interventions that will reduce unsheltered homelessness in both the Continuum of Care and Emergency Solutions 

Grants programs. The Committee reminds grantees that the Emergency Solutions Grant program can be used as a tool to prevent 

evictions. 

Service needs of local communities.—The Committee recognizes 

that local communities are best able to determine the housing and 

service needs of different local homeless populations, including 

youth, families, veterans, persons with disabilities, and others, and 

may wish to do more to address the needs of the populations for 

which they identify the greatest local gaps. The Committee encourages HUD to honor communities’ pressing local priorities and assessments of need. 

Additional homeless housing options.—The Committee directs the 

Department to report on the legislative and programmatic changes 

required to utilize ‘‘tiny homes’’ to house homeless individuals 

through the Continuum of Care program. The report should also 

identify other HUD programs where tiny house construction and 

operation are eligible uses of funds. The report should be provided 

120 days after enactment of this Act. 

Homelessness and transit.—The Committee recognizes that the 

lack of affordable housing is resulting in increasing numbers of 

homeless individuals and families using public transit systems for 

shelter. The Committee encourages Community Planning and Development, together with the FTA, to collaborate with local transit 

agencies and homelessness stakeholders to develop collaborative, 

multi-sectoral strategies and models to address the needs of transit 

systems and homeless populations using transit for shelter. 

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HOUSING PROGRAMS

PROJECT-BASED RENTAL ASSISTANCE

Appropriation, fiscal year 2019 ......................................................... $11,747,000,000 

Budget request, fiscal year 2020 ....................................................... 12,021,000,000 

Recommended in the bill ................................................................... 12,590,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +843,000,000 

Budget request, fiscal year 2020 ................................................... +569,000,000 

The Project-Based Rental Assistance (PBRA) account provides 

rental assistance to approximately 1.2 million low-income and very 

low-income households in specific multifamily rental developments. 

The assistance is provided through contracts with private landlords, so the property itself is subsidized. This account includes 

funding for the renewal of expiring project-based contracts, including Section 8, moderate rehabilitation, and single room occupancy 

contracts, amendments to Section 8 project-based contracts, and 

administrative costs for contract administration. 

COMMITTEE RECOMMENDATION

The Committee provides a total of $12,590,000,000, including $400,000,000 provided as advance appropriations, for the annual 

renewal of project-based contracts. The recommendation funds renewals and amendments, provides 12 months of funding for all contracts in the portfolio, and also includes $345,000,000 for performance-based contract administrators. The Committee rejects the 

rental reforms proposed in the Administration’s budget request. 

Performance-based contract administrators (PBCAs).—PBCAs are 

responsible for conducting on-site management reviews of assisted 

properties, adjusting contract rents, and reviewing, processing, and 

paying monthly vouchers, among other tasks. PBCAs have been integral to the Department’s efforts to be more effective and efficient 

in the oversight and monitoring of HUD-assisted housing, reduce 

improper payments, protect residents, and ensure properties are 

well maintained. 

The Committee remains concerned about HUD’s PBCA solicitation and awards procedures, which have resulted in litigation, as 

well as by the structure of the contracts, which increases costs and 

creates the potential for excessive profits. The fees earned by 

PBCAs are based on the area’s fair market rent and are unrelated 

to the costs of performing the contract. HUD spent hundreds of 

millions on incentive fees for performing required tasks on time 

and for providing customer service. A Committee analysis of the 

2011 and 2012 PBCA bids indicates that competitive bidding of 

PBCA contracts could have saved $80 to $100 million in fiscal year 

2017 alone. 

The Committee recognizes that HUD is working to develop a new 

solicitation for PBCA contracts while balancing Court rulings, 

stakeholder comments and requirements under the Federal Acquisition Regulations and Competition in Contracting Act. The Committee looks forward to the process moving forward with a new 

contract structure that removes the potential for excessive profits. 

The Committee also directs HUD to ensure that affected stakeholders have sufficient time to submit comments and provide input 

regarding any proposed program changes. 

105 

HOUSING FOR THE ELDERLY

Appropriation, fiscal year 2019 ......................................................... $678,000,000 

Budget request, fiscal year 2020 ....................................................... 644,000,000 

Recommended in the bill ................................................................... 803,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +125,000,000 

Budget request, fiscal year 2020 ................................................... +159,000,000 

The Housing for the Elderly (Section 202) program provides eligible private, non-profit organizations with capital grants to finance 

the acquisition, rehabilitation or construction of housing intended 

for low-income, elderly people. In addition, the program provides 

project-based rental assistance contracts (PRAC) to support operational costs for units constructed under the program. 

COMMITTEE RECOMMENDATION

The Committee provides $803,000,000 for Housing for the Elderly, which will fully fund contract renewals and amendments. Up to 

$95,000,000 of that amount may be directed to service coordinators 

and the continuation of congregate services grants to provide supportive services for frail residents. This recommendation includes 

more than $140,000,000 for new construction of affordable senior 

housing. The Committee continues to include bill language relating 

to the initial contract and renewal terms for assistance provided 

under this heading and language allowing funds to be used for inspections and analysis of data by HUD’s real estate assessment 

center (REAC) program office. The Committee rejects rental reforms proposed in the budget request. 

New construction.—For the third year in a row, the Committee 

is providing significant resources for new construction of affordable 

housing for low-income elderly residents. These investments reflect 

the Committee’s commitment to increase the supply of senior housing and address acute housing shortages. Currently, HUD can only 

provide assisted housing to one out of three eligible seniors, and 

that shortage will only increase as Baby Boomers age into retirement. The Committee directs the Department to move expeditiously to develop Notices of Funding Availability to begin construction on this much needed housing as quickly as possible. 

Aging in place.—The Committee recognizes that significant cost 

savings are associated with independent living, as opposed to a 

nursing home or assisted living facility. The Act provides 

$10,000,000 to continue an aging in place program which provides 

grants to experienced non-profit organizations, States, local governments, or public housing agencies for safety and functional home 

modification repairs to meet the needs of low-income elderly persons to enable them to remain in their primary residence. 

HOUSING FOR PERSONS WITH DISABILITIES

Appropriation, fiscal year 2019 ......................................................... $184,155,000 

Budget request, fiscal year 2020 ....................................................... 157,000,000 

Recommended in the bill ................................................................... 258,510,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +74,355,000 

Budget request, fiscal year 2020 ................................................... +101,510,000 

The Housing for Persons with Disabilities (Section 811) program 

provides eligible private, non-profit organizations with capital 

106 

grants to finance the acquisition, rehabilitation or construction of 

supportive housing for disabled persons and provides project-based 

rental assistance (PRAC) to support operational costs for such 

units. 

COMMITTEE RECOMMENDATION

The Committee provides $258,510,000 for Housing for Persons 

with Disabilities, which will fully fund project rental assistance and 

project assistant contract renewals and amendments. This recommendation includes $96,510,000 for new construction of affordable housing for persons with disabilities. The recommendation 

continues to include bill language allowing funds to be used for inspections and analysis of data by HUD’s REAC office. The Committee rejects rental reforms proposed in the budget request. 

Importance of supportive services.—Access to affordable housing 

is a significant barrier to providing persons with disabilities with 

the option of independent living, which is significantly more costeffective than nursing homes or other institutions. The Committee 

is deeply concerned by reports that in some States, despite long 

waiting lists for 811-funded housing, units remain vacant due to 

the lack of supportive services. These services are a program requirement and are essential to meeting program goals. The Committee has provided increased resources over the past several years 

for the Section 811 program to address the need for affordable 

housing for persons with disabilities. The Committee directs the 

Department to work with housing providers to ensure that 811 

projects are meeting program goals. In addition, the Department is 

directed to provide the House and Senate Committees on Appropriations and the authorizing Committees with information on vacancy rates and waiting lists (by State), how 811-funded projects 

are partnering with service providers including State health and 

human services departments and Medicaid agencies to provide access to community-based supportive services, and recommendations 

to ensure that necessary supportive services for tenants are provided in all units. 

HOUSING COUNSELING ASSISTANCE

Appropriation, fiscal year 2019 ......................................................... $50,000,000 

Budget request, fiscal year 2020 ....................................................... 45,000,000 

Recommended in the bill ................................................................... 60,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +10,000,000 

Budget request, fiscal year 2020 ................................................... +15,000,000 

The Housing Counseling Assistance program, authorized under 

Section 106 of the Housing and Urban Development Act of 1968, 

works with a nationwide network of housing counseling agencies 

and counselors to provide tools to current and prospective homeowners and renters so they can make responsible choices to address their housing needs. Housing counseling services range from 

addressing homelessness and preventing foreclosures to planning 

for first-time home purchases. Housing counselors have also provided assistance to victims of natural disasters. 

107 

COMMITTEE RECOMMENDATION

The Committee recommends $60,000,000 for Housing Counseling 

Assistance, which will help provide quality counseling services to 

1.3 million consumers. The Committee retains bill language that 

provides two-year funding availability, requires the Department to 

make grants within 180 days of enactment, and allows multi-year 

agreements. 

Eviction counseling.—Nearly one million households in the 

United States were evicted in 2016. The Committee is concerned 

about the short- and long-term effects of these evictions on families 

and individuals. The Committee directs the Department to work 

with housing counselors to improve prevention efforts in order to 

assist renters at risk of eviction and to report to the House and 

Senate Committees on Appropriations within 120 days of enactment of this Act on their efforts to improve their processes, including the identification of any barriers to the collection of data on atrisk households, and how the Department will augment the services offered by housing counselors. 

Language accessibility.—The Housing Counseling Assistance program publishes flyers, brochures, and posters in Spanish and 

English to help homebuyers and renters make informed decisions. 

The Committee directs the Department to expand publication of 

Housing Counseling Assistance resources in additional languages, 

prioritizing based on data published by the U.S. Census Bureau on 

the most commonly spoken languages in the United States. 

RENTAL HOUSING ASSISTANCE

Appropriation, fiscal year 2019 ......................................................... $5,000,000 

Budget request, fiscal year 2020 ....................................................... 3,000,000 

Recommended in the bill ................................................................... 3,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... ¥2,000,000 

Budget request, fiscal year 2020 ................................................... – – – 

As the contracts for Rent Supplement and Rental Assistance 

Payment expire, these properties can be preserved as affordable 

housing stock under the Rental Assistance Demonstration program. 

The Rental Housing Assistance program bridges the costs attributable to the timing of this conversion. 

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

Appropriation, fiscal year 2019 ......................................................... $12,000,000 

Budget request, fiscal year 2020 ....................................................... 12,000,000 

Recommended in the bill ................................................................... 12,400,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +400,000 

Budget request, fiscal year 2020 ................................................... +400,000 

The Office of Manufactured Housing establishes and enforces 

Federal standards for the design and construction of manufactured 

homes to assure quality, durability, safety, and affordability. All 

manufactured homes are required to meet Federal standards, and 

fees are charged to producers to cover the costs of administering 

the program. 

108 

COMMITTEE RECOMMENDATION

The Committee recognizes the difficulty that communities have 

in providing affordable housing to residents and encourages the 

Secretary to consider incorporating manufactured housing in the 

Department’s affordable housing strategies. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM

(INCLUDING TRANSFER OF FUNDS)

Limitation of direct 

loans 

Limitation of guaranteed loans Administrative contract expenses 

Appropriation, fiscal year 2019 ................................................ $1,000,000 $400,000,000,000 $130,000,000 

Budget request, fiscal year 2020 ............................................. 1,000,000 400,000,000,000 150,000,000 

Recommended in the bill ......................................................... 1,000,000 400,000,000,000 130,000,000 

Bill compared to: 

Appropriation, fiscal year 2019 ........................................... – – – – – – – – – 

Budget request, fiscal year 2020 ........................................ – – – – – – ¥20,000,000 

The Federal Housing Administration (FHA) provides mortgage 

insurance for the purchase, refinance, and rehabilitation of singlefamily homes. FHA mortgage insurance is designed to encourage 

lenders to make credit available to borrowers whom the conventional market perceives as bearing more risk, including first-time 

homebuyers, minorities, lower-income families, and residents of underserved areas (central cities and rural areas). 

COMMITTEE RECOMMENDATION

Information technology.—The Committee supports technology upgrades at the FHA and provides additional resources within the 

Cybersecurity and Information Technology Fund specifically for 

FHA. 

Loan limits.—The Committee encourages HUD to use the highest possible median house price to calculate FHA loan limits for 

Metropolitan Statistical Areas (MSA) that experienced a drop in 

FHA loan limits of 20 percent or more when the Housing Economic 

Recovery Act went into effect. To qualify, MSAs must be at least 

1,300 square miles or more in land area. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

Limitation of direct 

loans 

Limitation of guaranteed loans 

Appropriation, fiscal year 2019 ....................................................................................... $1,000,000 $30,000,000,000 

Budget request, fiscal year 2020 ................................................................................... 1,000,000 30,000,000,000 

Recommended in the bill ................................................................................................ 1,000,000 30,000,000,000 

Bill compared to: 

Appropriation, fiscal year 2019 .................................................................................. – – – – – – 

Budget request, fiscal year 2020 ............................................................................... – – – – – – 

The Federal Housing Administration’s (FHA) general insurance 

and special risk insurance (GI and SRI) program account includes 

17 different programs administered by FHA. The GI fund includes 

a wide variety of insurance programs for special-purpose single and 

multifamily loans, including loans for property improvements, manufactured housing, multifamily rental housing, condominiums, 

housing for the elderly, hospitals, group practice facilities, and 

109 

nursing homes. The SRI fund includes insurance programs for 

mortgages in older, declining urban areas that would not be otherwise eligible for insurance, mortgages with interest reduction payments, and mortgages for experimental housing and for high-risk 

mortgagors who would not normally be eligible for mortgage insurance without housing counseling. 

COMMITTEE RECOMMENDATION

Not later than 120 days after the enactment of this Act, the FHA 

shall submit a report to the House and Senate Committees on Appropriations on the feasibility of expanding the section 232 mortgage insurance program to finance facilities that provide drug and 

alcohol rehabilitation services (especially for opioid addiction treatment) in a residential setting. The report shall include a review of 

statutory and regulatory permissibility, the estimated cost to the 

section 232 program, and options for structuring a demonstration 

program. 

GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

Limitation of guaran- teed loans Administrative contract expenses 

Appropriation, fiscal year 2019 ............................................................................... $550,000,000,000 $27,000,000 

Budget request, fiscal year 2020 ........................................................................... 550,000,000,000 28,400,000 

Recommended in the bill ........................................................................................ 550,000,000,000 27,000,000 

Bill compared to: 

Appropriation, fiscal year 2019 .......................................................................... – – – – – – 

Budget request, fiscal year 2020 ....................................................................... – – – ¥1,400,000 

Government National Mortgage Association (GNMA) guarantees 

the timely payment of principal and interest on mortgage-backed 

securities issued by private institutions such as mortgage companies and banks. The only loans in these privately issued securities 

are mortgages either issued or guaranteed by the Federal Housing 

Administration, the Department of Veterans Affairs, and U.S. Department of Agriculture. 

POLICY DEVELOPMENT AND RESEARCH

RESEARCH AND TECHNOLOGY

Appropriation, fiscal year 2019 ......................................................... $96,000,000 

Budget request, fiscal year 2020 ....................................................... 87,000,000 

Recommended in the bill ................................................................... 98,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +2,000,000 

Budget request, fiscal year 2020 ................................................... +11,000,000 

Title V of the Housing and Urban Development Act of 1970, as 

amended, directs the Secretary of the Department of Housing and 

Urban Development to undertake programs of research, evaluation, 

and reports relating to the Department’s mission and programs. 

These functions are carried out internally and through grants and 

contracts with industry, nonprofit research organizations, educational institutions, and through agreements with State and local 

governments and other Federal agencies. The research programs 

110 

seek ways to improve the efficiency, effectiveness, and equity of 

HUD programs and to identify methods to achieve cost reductions. 

This appropriation is used to support HUD evaluation and monitoring activities and to conduct housing surveys. Finally, funds 

under this heading are used to support technical assistance activities to the various States, communities, and agencies that are 

charged with administering HUD’s programs and funds. 

COMMITTEE RECOMMENDATION

The Committee recommends $98,000,000 for this account. 

Of the activities proposed in the budget, the Committee rec- ommends up to $50,000,000 for the core research programs, including market surveys, research support and dissemination, data acquisition, housing finance studies, research partnerships, and housing technology. The Committee recommends $17,000,000 for new and continuing 

studies and demonstration evaluations, including the: • Housing Discrimination Study 2020, including studying 

discrimination faced by Low English Proficiency (LEP) individuals, • Collaboration with Centers for Medicare and Medicaid 

Services: how Medicare and Medicaid funds can be used to 

support programs that use affordable senior housing as a platform for coordinating health, wellness, and supportive services 

and programs to help older adults remain healthy, age in their 

community, and reduce their use of costly health care services, 

• Moving to Work Expansion, 

• Disaster Recovery Research, 

• Family Options: 10 Year Follow-up, 

• Family Self-Sufficiency Long-term Program Tracking, 

• Competitive Evaluation Grants: Assessing the Impacts of 

CDBG and HOME eligible activities, 

• Evaluation of Section 202 Construction Activities, • Evaluation of Programs in Response to Foreclosure Crisis, • Impact of RAD on Children in Assisted Households, • Qualitative study of how publicly available data on rental 

property health and safety violations impact landlord and 

renter behavior, • Housing Search Assistance for People with Disabilities, 

and • A study of alternative methods for calculating Fair Market 

Rents in rental markets with rapidly rising rents. 

The recommendation does not include additional funding for the 

Envision Center technical assistance funded in fiscal year 2019 and 

directs the Department to provide a briefing and report to the 

Committee on the outcomes from fiscal year 2019 funding before 

seeking additional resources. Further, the Committee’s recommendation includes $31,000,000 

for all technical assistance. Of the funds made available under 

technical assistance, $5,000,000 shall be available on a competitive 

basis to non-profit or private sector organizations to provide technical assistance to distressed cities or regions, including those that 

were impacted by a natural disaster. 

As in prior years, the Committee includes a provision prohibiting 

funds from being used for a doctoral dissertation research grant 

111 

program. The Committee also includes a general provision in title 

II of this Act that allows the Department to use prior year 

deobligated or unexpended funds made available to the Office of 

Policy Development and Research for other research and evaluations. The Committee provides this authority under the condition 

that any new obligations are subject to the regular reprogramming 

procedures outlined in section 405 of this Act. 

Worst Case Housing Needs.—The Committee is concerned with 

the shortage of affordable housing across the country. HUD reports 

to Congress biennially on the Worst Case Housing Needs (WCN) 

using American Housing Survey data. The Committee looks forward to receiving HUD’s report on 2017 WCN this year and the 

2019 report early in 2021. 

HUD housing data obtained from the U.S. Postal Service.—The 

Committee appreciates the importance of sharing anonymized data 

about the occupancy status and condition of residential and commercial addresses with researchers inside and outside government. 

The Committee recognizes that this data, collected by the U.S. 

Postal Service (USPS), could be a powerful tool for understanding 

the nature of vacancy and blight at the neighborhood level. However, the Committee is concerned that useful granular data on 

these conditions do not exist. The Committee is providing the Department up to $500,000 to work with the USPS to design and undertake further research on how these data could be made more 

useful for research and practitioners to understand neighborhood 

change. Specifically, the Committee recommends studying ways to 

improve data consistency, segregate P.O. box data, differentiate nostat for blight versus no-stat for development, distinguish a vacant 

single-family home versus a vacant unit in a multi-family building, 

and preserve the geographic integrity of the data across time. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

Appropriation, fiscal year 2019 ......................................................... $65,300,000 

Budget request, fiscal year 2020 ....................................................... 62,300,000 

Recommended in the bill ................................................................... 75,300,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +10,000,000 

Budget request, fiscal year 2020 ................................................... +13,000,000 

The Office of Fair Housing and Equal Opportunity (OFHEO) is 

responsible for implementation and enforcement of the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 109 of the 

Housing and Community Development Act of 1974, Section 504 of 

the Rehabilitation Act of 1973, Titles II and III of the Americans 

with Disabilities Act of 1990, the Architectural Barriers Act of 

1968, the Age Discrimination Act of 1975, Title IX of the Education 

Amendments Act of 1972, and Section 3 of the Housing and Urban 

Development Act of 1968. 

OFHEO is responsible for the enforcement, administration, development, and public understanding of Federal fair housing policies and laws. OFHEO manages fair housing grants, investigates 

discrimination complaints, conducts civil rights compliance reviews, 

and ensures civil rights protections are included in HUD programs, 

with the overall goal of preventing housing discrimination. 

112 

COMMITTEE RECOMMENDATION

The Committee provides $75,300,000 for the Office of Fair Housing and Equal Opportunity. The following table details the funding 

for various fair housing activities undertaken by the office. 

Request Recommendation 

Fair Housing Assistance Program ........................................................................... $24,300,000 $27,000,000 

Fair Housing Initiative Program .............................................................................. 36,200,000 46,350,000 

Limited English Proficiency Initiative ...................................................................... 300,000 450,000 

National Fair Housing Training Academy ................................................................ 1,500,000 1,500,000 

Total ................................................................................................................ 62,300,000 75,300,000 

Grant award disbursements.—The Committee is concerned about 

ongoing delays in administering Fair Housing Initiatives Program 

grants, which serve to address housing discrimination through testing, enforcement, and educational activities. These delays threaten 

the integrity and function of the program, which plays an essential 

role in enforcing the Fair Housing Act. The Act includes a requirement that fiscal year 2020 grants be awarded no later than 120 

days after enactment of this Act. Further, the Committee directs 

that any outstanding fiscal year 2019 grants also be awarded no 

later than 120 days after enactment of this Act. 

Fair housing enforcement.—The Committee is concerned about 

recent policy decisions by the Department that suggest a shift 

away from enforcing the Fair Housing Act of 1968, or Title VIII of 

P.L. 90–284. The Committee is particularly concerned that the 

OFHEO is inadequately staffed to resolve complaints of discrimination and find justice for families who become homeless or destabilized as a result of illegal discrimination. The Committee looks 

forward to receiving the report requested in the fiscal year 2019 

Act detailing the total number of Fair Housing and Equal Opportunity investigations, settlements, closures and dismissals that occurred over the past year, categorized by State. 

In addition, the Committee directs the Department to provide a 

comprehensive report on the disposition of housing discrimination 

complaints in the Secretary’s annual fair housing report to Congress (42 U.S.C. 3608(e)(2)). This report should provide the following data for HUD and Fair Housing Assistance Program jurisdictions: the total number of complaints filed, pending and resolved 

in the last fiscal year and an analysis of whether the complaint 

was based on race, religion, sex, national origin, familial status 

(families with children under 18), or disability. The report should 

also include an analysis of the average wait times from when a 

complaint is filed to when it is resolved, disaggregated by State, 

county, and protected basis. This report should be completed within 

180 days of enactment of this Act and every year thereafter. The 

Department should refrain from including any information that 

may be privileged, is otherwise protected from disclosure, or that 

the Department determines would be detrimental to any investigation, settlement, or case. 

Discrimination against individuals with disabilities.—Equal access to the rental housing market for individuals with disabilities 

is crucial to meeting the holdings of Olmstead v. L.C., 527 U.S. 581 

(1999), and ensuring that those populations are not forced to remain in nursing homes and other institutional settings. Housing 

113 

discrimination complaints based on disability have made up more 

than half of housing discrimination complaints received by public 

and private fair housing organizations. The Committee directs the 

Department to develop educational materials for individuals with 

disabilities and for housing providers regarding fair housing rights 

and obligations, including appropriate policies and practices when 

dealing with individuals with mental illnesses and intellectual or 

developmental disabilities. These materials should also assist individuals with disabilities who are leaving institutional or segregated 

settings by informing them of their legal rights, how to recognize 

discrimination, and what actions to take when faced with discrimination. 

No lobbying with Federal funds.—Under 18 U.S.C. 1913, Federal 

funds can not be used for the purposes of lobbying. Bill language 

restating this prohibition was removed as it was redundant of current law. 

Spending plan.—The Committee directs the Department to provide a spending plan for all funds and activities in this account 

concurrent with the fiscal year 2020 operating plan. 

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

LEAD HAZARD REDUCTION

Appropriation, fiscal year 2019 ......................................................... $279,000,000 

Budget request, fiscal year 2020 ....................................................... 290,000,000 

Recommended in the bill ................................................................... 290,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +11,000,000 

Budget request, fiscal year 2020 ................................................... – – – 

The Office of Healthy Homes and Lead Hazard Control 

(OHHLHC) is responsible for the administration of the Lead-Based 

Paint Hazard Reduction program authorized by Title X of the 

Housing and Community Development Act of 1992. Through the 

Healthy Homes Initiative, the Office also addresses multiple housing-related hazards affecting the health of residents, particularly 

children. OHHLHC develops lead-based paint regulations, guidelines, and policies applicable to HUD programs, and enforces the 

Lead Disclosure Rule issued under Title X. For both lead-related 

and healthy homes issues, OHHLHC designs and administers programs for grants, training, research, demonstration, and education. 

COMMITTEE RECOMMENDATION

The Committee recommends $290,000,000 for the Office of Lead 

Hazard Control and Healthy Homes. Of this amount, $56,000,000 

is directed to the Healthy Homes Initiative. 

Coordination with weatherization activities.—Of the funds provided for the Healthy Homes Initiative, the Committee directs that 

$5,000,000 be used to establish pilot projects in up to five communities that are served by both Healthy Homes and Department of 

Energy weatherization programs. Grantees will coordinate Healthy 

Homes remediation activities with weatherization activities and 

evaluate whether better outcomes are achieved in improving the 

safety and quality of the homes. 

Lead in drinking water.—The Committee encourages the Secretary to evaluate high priority sources of lead contamination in 

114 

HUD-assisted housing and to work in coordination with the Environmental Protection Agency (EPA) to mitigate sources of lead exposure as a result of water from the public water supply and ambient air levels or industrial emissions. The Committee directs the 

Secretary to establish a pilot program to test for lead water levels, 

identify lead service lines and other sources of lead in drinking 

water serving housing units. The Committee also directs the Secretary to encourage EPA to have public water systems remediate 

such threats and optimize corrosion control treatment in public 

water systems serving such housing units. 

Lead hazard control.—The Committee notes the value of the 

OHHLHC in the effort to eliminate childhood lead poisoning. Lead 

risk assessments are essential in halting exposure to lead-based 

paint. The Committee requests that HUD evaluate the 

implemention of the Lead Safe Housing Rule in multifamily housing in which a child under the age of six is found with an elevated 

blood lead level. HUD should also evaluate the implemention of the 

requirement to conduct a risk assessment for lead-based paint hazards in other units in a multifamily development. 

Period of availability.—Per the Department’s budget request, the 

Act changes the period of grant availability from two to three 

years. 

Spending plan.—The Committee directs the Department to provide a spending plan for all funds and activities in this account 

concurrent with the fiscal year 2020 operating plan. 

CYBERSECURITY AND INFORMATION TECHNOLOGY FUND

Appropriation, fiscal year 2019 ......................................................... $280,000,000 

Budget request, fiscal year 2020 ....................................................... 280,000,000 

Recommended in the bill ................................................................... 300,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +20,000,000 

Budget request, fiscal year 2020 ................................................... +20,000,000 

The Cybersecurity and Information Technology (CIT) Fund finances the information technology (IT) systems that support departmental programs and operations, including mortgage insurance, housing assistance and grant programs, as well as core financial and general operations. More importantly, the CIT prevents 

breaches into HUD’s information technology systems, which contain personal identifiable information, sensitive financial data, and 

data exchanges with financial institutions. 

COMMITTEE RECOMMENDATION

The Committee continues to support HUD’s efforts to retire obsolete, inefficient, and expensive IT and provides $20,000,000 specifically for Federal Housing Administration (FHA) IT for the purposes 

of improving operations, data security and financial risk assessment, and program performance, and eliminating fraud. FHA’s reliance on legacy systems has resulted in outages, sometimes lasting 

for days, disrupting the home purchasing process. 

115 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ......................................................... $128,082,000 

Budget request, fiscal year 2020 ....................................................... 129,400,000 

Recommended in the bill ................................................................... 132,489,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +4,407,000 

Budget request, fiscal year 2020 ................................................... +3,089,000 

The Office of Inspector General (OIG) provides agency-wide audit 

and investigative functions to identify and correct management and 

administrative deficiencies that create conditions for waste, fraud, 

and mismanagement. The audit function provides internal audit, 

contract audit, and inspection services. Contract audits provide professional advice to agency contracting officials on accounting and financial matters relative to negotiation, award, administration, repricing, and settlement of contracts. Internal audits evaluate all 

facets of agency operations. Inspection services provide detailed 

technical evaluations of agency operations. The investigative function provides for the detection and investigation of improper and illegal activities involving programs, personnel, and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends $132,489,000 for the Office of Inspector General. 

The Committee recognizes the importance of the OIG’s role in 

safeguarding against waste and fraud and upholding HUD as a 

principled and financially sound agency. The congressionally mandated and self-initiated reports and investigations undertaken by 

the OIG continue to be extremely helpful to the Committee. 

GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

(INCLUDING TRANSFER OF FUNDS)

(INCLUDING RESCISSION)

Section 201 splits overpayments evenly between Treasury and 

State Housing Finance Agencies. 

Section 202 prohibits funds from being used to investigate or 

prosecute lawful activities under the Fair Housing Act. 

Section 203 requires any grant or cooperative agreement to be 

made on a competitive basis, unless otherwise provided, in accordance with Section 102 of the Department of Housing and Urban 

Development Reform Act of 1989. 

Section 204 relates to the availability of funds for services and 

facilities for GSEs and others subject to the Government Corporation Control Act and the Housing Act of 1950. 

Section 205 prohibits the use of funds in excess of the budget estimates, unless provided otherwise. 

Section 206 relates to the expenditure of funds for corporations 

and agencies subject to the Government Corporation Control Act. 

Section 207 requires the Secretary to provide quarterly reports 

on uncommitted, unobligated, recaptured, and excess funds in each 

departmental program and activity. 

116 

Section 208 requires the Administration’s budget and HUD’s 

budget justifications for fiscal year 2021 to be submitted in the 

identical account and sub-account structure provided in this Act. 

Section 209 exempts GNMA from certain requirements of the 

Federal Credit Reform Act of 1990. 

Section 210 authorizes HUD to transfer debt and use agreements 

from an obsolete project to a viable project, provided that no additional costs are incurred and other conditions are met. 

Section 211 sets forth requirements for Section 8 voucher assistance eligibility, and includes consideration for persons with disabilities. 

Section 212 distributes Native American Housing Block Grants 

to the same Native Alaskan recipients as in fiscal year 2005. 

Section 213 instructs HUD on managing and disposing of any 

multifamily property that is owned or held by HUD. 

Section 214 allows PHAs that own and operate 400 or fewer 

units of public housing to be exempt from asset management requirements. 

Section 215 restricts the Secretary from imposing any requirements or guidelines relating to asset management that restrict or 

limit the use of capital funds for central office costs, up to the limits established in law. 

Section 216 requires that no employee of the Department shall 

be designated as an allotment holder unless the CFO determines 

that such employee has received certain training. 

Section 217 requires the Secretary to publish all notices of funding availability that are competitively awarded on the internet for 

fiscal year 2020. 

Section 218 requires attorney fees for programmatic litigation to 

be paid from the individual program office and Office of General 

Counsel salaries and expenses appropriations, and requires the Department to submit a spend plan to the House and Senate Committees on Appropriations. 

Section 219 allows the Secretary to transfer up to 10 percent of 

funds or $5,000,000, whichever is less, appropriated under the 

headings ‘‘Administrative Support Offices’’ or ‘‘Program Office Salaries and Expenses’’ to any other office funded under such headings. 

Section 220 requires HUD to take certain actions against owners 

receiving rental subsidies that do not maintain safe properties. 

Section 221 places a salary and bonus limit on public housing 

agency officials and employees. 

Section 222 requires the Secretary to notify the House and Senate Committees on Appropriations at least three full business days 

before grant awards are announced. 

Section 223 prohibits funds to be used to require or enforce the 

Physical Needs Assessment. 

Section 224 prohibits funds for HUD financing of mortgages for 

properties that have been subject to eminent domain. 

Section 225 prohibits the use of funds to terminate the status of 

a unit of general local government as a metropolitan city with respect to grants under section 106 of the Housing and Community 

Development Act of 1974. 

Section 226 allows funding for research, evaluation, and statistical purposes that is unexpended at the time of completion of the 

117 

contract, grant, or cooperative agreement to be reobligated for additional research. 

Section 227 authorizes the Secretary on a limited basis to use 

funds available under the ‘‘Homeless Assistance Grants’’ heading to 

participate in the multiagency Performance Partnership Pilots program for fiscal year 2020. 

Section 228 allows program income as an eligible match for 2015, 

2016, 2017, 2018, 2019, and 2020 continuum of care funds. 

Section 229 permits HUD to provide one year transition grants 

under the continuum of care program with no more than 50 percent of the grant provided for costs of eligible activities of the program component originally funded. 

Section 230 prohibits the use of funds to direct a grantee to undertake specific changes to existing zoning laws as part of carrying 

out the final rule entitled, ‘‘Affirmatively Furthering Fair Housing’’ 

or the notice entitled, ‘‘Affirmatively Furthering Fair Housing Assessment Tool’’. 

Section 231 establishes the HUD HAG Fund. 

Section 232 maintains current Promise Zone designations and 

agreements. 

Section 233 prohibits funds from being used to establish review 

criteria, including rating factors or preference points, for competitive grants programs for EnVision Center participation or coordination. 

Section 234 prohibits funds in this or any other Act from being 

used to implement, administer, enforce, or in any way make effective the proposed rule entitled ‘‘Housing and Community Development Act of 1980: Verification of Eligible Status’’, issued by the Department on May 10, 2019 (Docket No. FR–6124–P–01), or any 

final rule based substantially on such proposed rule. 

Section 235 requires the Department to make data for broadband 

and resiliency requirements to be incorporated into Consolidated 

Plans available to grantees not later than 90 days after enactment 

of this Act and requires grantees to incorporate broadband and resiliency components into their Consolidated Plans not later than 

270 days after enactment of this Act. 

Section 236 prohibits funds in this or any other Act from being 

used to repeal or revise the ‘‘Equal Access in Accordance With an 

Individual’s Gender Identity in Community Planning and Development Programs’’ rule. 

Section 237 codifies the sub-regulatory guidance issued by the 

Department of Housing and Urban Development on February 20, 

2015, entitled ‘‘Appropriate Placement for Transgender Persons in 

Single-Sex Emergency Shelters and Other Facilities.’’ 

Section 238 prohibits the Secretary, in this fiscal year or any fiscal year thereafter, to implement, require, enforce, or otherwise 

make effective any change, amendment, or alteration to any term 

or condition of the Annual Contributions Contract between the Secretary and any public housing agency, as such contract was in effect as of January 1, 2018, unless such change, amendment, or alteration is made pursuant to a rule issued after notice and an opportunity for public comment and in accordance with the procedure 

under section 553 of title 5, United States Code. 

118 

TITLE III—RELATED AGENCIES 

ACCESS BOARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ......................................................... $8,400,000 

Budget request, fiscal year 2020 ....................................................... 8,400,000 

Recommended in the bill ................................................................... 8,400,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

The United States Access Board (Access Board) was established 

by section 502 of the Rehabilitation Act of 1973 with the mission 

of promoting equality for people with disabilities through accessible 

design and the development of accessibility guidelines and standards for the built environment, transportation, communication, 

medical diagnostic equipment, and information technology. 

The Access Board is responsible for developing guidelines under 

the Americans with Disabilities Act, the Architectural Barriers Act, 

and the Communications Act, as well as for developing standards 

under the Rehabilitation Act for accessible electronic and information technology used by Federal agencies. The Access Board enforces the Architectural Barriers Act and provides training and 

technical assistance on its guidelines and standards. The Access 

Board serves on the Election Assistance Commission’s Board of Advisors and Technical Guidelines Development Committee to assist 

in developing voluntary guidelines for voting systems, including accessibility for people with disabilities. Additionally, the Access 

Board maintains a small research program that develops technical 

assistance materials and provides information needed for rulemaking. 

COMMITTEE RECOMMENDATION

The Committee recommends $8,400,000 for the operations of the 

Access Board. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ......................................................... $27,490,000 

Budget request, fiscal year 2020 ....................................................... 28,000,000 

Recommended in the bill ................................................................... 28,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +510,000 

Budget request, fiscal year 2020 ................................................... – – – 

Established in 1961, the Federal Maritime Commission (FMC) is 

an independent government agency, responsible for the regulation 

of oceanborne transportation in the foreign commerce of the United 

States. FMC monitors ocean common carriers, marine terminal operators, conferences, ports, and ocean transportation intermediaries 

to ensure they maintain just and reasonable practices. Among 

other activities, FMC also maintains a trade monitoring and enforcement program, monitors the laws and practices of foreign governments and their impacts on shipping conditions in the U.S., and 

enforces special regulatory requirements as they apply to controlled 

carriers. 

119 

The principal shipping statutes administered by the FMC are the 

Shipping Act of 1984 (46 U.S.C. 40101–41309), the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301–42307), Section 19 of 

the Merchant Marine Act, 1920 (46 U.S.C. 42101–42109), and Public Law 89–777 (46 U.S.C. 44101–44106). 

COMMITTEE RECOMMENDATION

The Committee recommends $28,000,000 for the Federal Maritime Commission. Of the funds provided, up to $487,159 is available for the Office of Inspector General. 

NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ......................................................... $23,274,000 

Budget request, fiscal year 2020 ....................................................... 23,274,000 

Recommended in the bill ................................................................... 23,274,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

The Amtrak Office of Inspector General (Amtrak OIG) is an independent, objective unit responsible for detecting and preventing 

fraud, waste, abuse, and violations of law and for promoting economy, efficiency, and effectiveness at Amtrak. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $23,274,000 for the 

Amtrak OIG. The recommended level will allow the Amtrak OIG 

to undertake audits, evaluations, and investigations and will ensure effective oversight of Amtrak’s programs and operations. 

The Amtrak OIG’s efforts have resulted in valuable studies and 

recommendations for this Committee and for Amtrak that have 

yielded cost savings and management improvements. The Committee retains language that requires the Amtrak OIG to submit 

a budget request for fiscal year 2021 in similar format and substance to those submitted by other executive agencies in the Federal government. 

NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ......................................................... $110,400,000 

Budget request, fiscal year 2020 ....................................................... 110,400,000 

Recommended in the bill ................................................................... 110,400,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

The National Transportation Safety Board (NTSB) is an independent Federal agency charged by Congress with investigating 

every civil aviation accident in the United States. The NTSB also 

investigates significant accidents in other modes of transportation, 

including railroad, highway, marine, and pipeline transportation, 

and issues safety recommendations aimed at preventing future accidents. 

120 

In addition to its investigatory duties, the NTSB is responsible 

for maintaining the government’s database of civil aviation accidents and conducting special studies of transportation safety issues 

of national significance. Furthermore, in accordance with the provisions of international treaties, the NTSB supplies investigators to 

serve as U.S. Accredited Representatives for aviation accidents 

overseas involving U.S.-registered aircraft or involving aircraft or 

major components of a U.S. manufacturer. The NTSB also serves 

as the court of appeals for any airman, mechanic, or mariner whenever certificate action is taken by the Administrator of the Federal 

Aviation Administration (FAA), the U.S. Coast Guard Commandant, or when civil penalties are assessed by the FAA. In addition, the NTSB operates the NTSB Academy in Ashburn, Virginia. 

COMMITTEE RECOMMENDATION

The Committee recommends $110,400,000 for the salaries and 

expenses of the NTSB. 

NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

Appropriation, fiscal year 2019 ......................................................... $152,000,000 

Budget request, fiscal year 2020 ....................................................... 27,400,000 

Recommended in the bill ................................................................... 170,000,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +18,000,000 

Budget request, fiscal year 2020 ................................................... +142,600,000 

The Neighborhood Reinvestment Corporation (NRC) was created 

by the Neighborhood Reinvestment Corporation Act (title VI of the 

Housing and Community Development Amendments of 1978). 

Neighborhood Reinvestment Corporation now operates under the 

trade name ‘NeighborWorks America.’ NeighborWorks America 

helps local communities establish working partnerships between 

residents and representatives of the public and private sectors. 

These partnership-based organizations are independent, tax-exempt, community-based nonprofit entities, often referred to as 

NeighborWorks organizations. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $170,000,000 for 

fiscal year 2020. 

Aging in place.—Due to the rising costs of long-term care and societal changes, the Committee supports aging in place programs 

that modify and improve older homes so that seniors may safely 

live in those homes for a longer period as they age. The Committee 

encourages the Neighborhood Reinvestment Corporation to continue to support training, counseling, and programs that assist seniors in sustainable aging in place and to identify the conflux of 

older housing stock, older-population States, and, in particular, 

older-population regions of those States and to invest robustly in 

those regions with aging in place housing programs. 

121 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2019 ......................................................... $37,100,000 

Budget request, fiscal year 2020 ....................................................... 37,100,000 

Recommended in the bill ................................................................... 37,100,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... – – – 

Budget request, fiscal year 2020 ................................................... – – – 

The Surface Transportation Board (STB) was created in the 

Interstate Commerce Commission Termination Act of 1995 and is 

the successor agency to the Interstate Commerce Commission. The 

STB is an economic regulatory and adjudicatory body charged by 

Congress with resolving railroad rate and service disputes and reviewing proposed railroad mergers, and the regulation of other surface transportation carriers, including the intercity bus industry 

and surface pipeline carriers, and household-good carriers. The 

Surface Transportation Board Reauthorization Act of 2015 (P.L. 

114–110) established the STB as a wholly independent agency and 

expanded the STB’s membership from three to five Board Members. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides an appropriation of 

$37,100,000. The STB is estimated to collect $1,250,000 in fees, 

which will offset the appropriation for a total program cost of 

$35,850,000. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

Appropriation, fiscal year 2019 ......................................................... $3,600,000 

Budget request, fiscal year 2020 ....................................................... 730,000 

Recommended in the bill ................................................................... 4,100,000 

Bill compared with: 

Appropriation, fiscal year 2019 ...................................................... +500,000 

Budget request, fiscal year 2020 ................................................... +3,370,000 

The mission of the United States Interagency Council on Homelessness (USICH) is to coordinate multi-agency Federal response to 

homelessness. 

COMMITTEE RECOMMENDATION

The Committee recommends $4,100,000 for continued operations 

of the USICH, available until September 30, 2021. Additional funding is provided to deepen interagency responses to youth and 

unsheltered homelessness. 

Trauma-informed care.— The Committee recognizes the value of 

trauma-informed care and housing services and supports expanding the availability of these services to families, families with children, and individuals that are currently homeless, or on the verge 

of being homeless. The Committee notes the fiscal year 2019 Omnibus Appropriations Act requires the submission of a report on trauma-informed care within 180 days of enactment of that Act. 

122 

TITLE IV 

GENERAL PROVISIONS—THIS ACT 

Section 401 prohibits the use of funds 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. 

Section 402 prohibits the obligation of funds beyond the current 

fiscal year and the transfer of funds to other appropriations, unless 

expressly provided. 

Section 403 limits consulting service expenditures through procurement contracts to those contracts contained in the public 

record, except where otherwise provided under existing law. 

Section 404 prohibits funds from being used for certain types of 

employee training. 

Section 405 specifies requirements for the reprogramming of 

funds and requires agencies to submit a report in order to establish 

the baseline for the application of reprogramming and transfer authorities. 

Section 406 provides that not to exceed fifty percent of unobligated balances for salaries and expenses may remain available 

until September 30, 2021, for each account for the purposes authorized, subject to the approval of the House and Senate Committees 

on Appropriations. 

Section 407 prohibits the use of funds for any project that seeks 

to use the power of eminent domain, unless eminent domain is employed only for a public use. 

Section 408 prohibits funds from being transferred to any department, agency, or instrumentality of the U.S. Government, except 

where transfer authority is provided in this or any other appropriations Act. 

Section 409 prohibits funds from being used to permanently replace an employee intent on returning to his or her past occupation 

following completion of military service. 

Section 410 prohibits funds from being used by an entity unless 

the expenditure is in compliance with the Buy American Act. 

Section 411 prohibits funds from being made available to any 

person or entity that has been convicted of violating the Buy American Act. 

Section 412 prohibits funds from being used for first-class airline 

accommodations in contravention of sections 301–10.122 and 301– 

10.123 of title 41 CFR. 

Section 413 prohibits funds from being used for the approval of 

a new foreign air carrier permit or exemption application if that 

approval would contravene United States law or Article 17 bis of 

the U.S.-E.U.-Iceland-Norway Air Transport Agreement. 

Section 414 restricts the number of employees that agencies may 

send to international conferences unless such attendance is important to the national interest. 

Section 415 caps the amount of fees the Surface Transportation 

Board can charge or collect for rate or practice complaints filed at 

the amount authorized for district court civil suit filing fees. 

Section 416 prohibits the use of funds to purchase or lease new 

light-duty vehicles for any executive fleet or fleet inventory, except 

123 

in accordance with Presidential Memorandum-Federal Fleet Performance, dated May 24, 2011. 

Section 417 prohibits funds from being used to maintain or establish computer networks unless such networks block the viewing, 

downloading, or exchange of pornography. 

Section 418 prohibits funds from being used to deny an Inspector 

General timely access to any records, documents, or other materials 

available to the department or agency over which that Inspector 

General has responsibilities, or to prevent or impede that Inspector 

General’s access to such records, documents, or other materials. 

Section 419 prohibits funds to be used to pay award or incentive 

fees for contractors whose performance is below satisfactory, behind 

schedule, over budget, or failed to meet requirements of the contract, with exceptions. 

HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: 

The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

RESCISSION OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following table lists the rescissions in the 

accompanying bill: 

• Such sums that are available from the Department of 

Housing and Urban Development—Housing Certificate Fund; 

• Section 201 rescinds 50% of funds that are recaptured 

from projects described in section 1012(a) of the Stewart B. 

McKinney Homeless Assistance Amendment of 1998; 

• Section 231 rescinds 90% of certain unobligated balances 

from the Department of Housing and Urban Development— 

Community Planning and Development—Homeless Assistance 

Grant Account. 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following statements are submitted describing the transfer of funds provided in the accompanying bill. 

UNDER TITLE I—DEPARTMENT OF TRANSPORTATION

Account from which the transfer is made Account to which the transfer is made Amount 

Office of the Secretary ............................ Office of the Secretary .......................... ≤7% of certain funds subject to conditions 

Federal Aviation Administration, Operations.Federal Aviation Administration, Operations.≤5% of certain funds subject to conditions 

FHWA: Limitation on administrative expenses.Appalachian Regional Commission ....... $3,248,000 

124 

UNDER TITLE II—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

Account from which the transfer is made Account to which the transfer is made Amount 

Executive Offices, Administrative Support Offices, Program Office Salaries 

and Expenses, Government National 

Mortgage Association.

Working Capital Fund ............................ Such sums as necessary 

Administrative Support Offices ............... Program Office Salaries and Expenses ≤10% subject to conditions 

Program Office Salaries and Expenses .. Administrative Support Offices ............. ≤10% subject to conditions 

Homeless Assistance Grants .................. HUD HAG Fund ...................................... Such sums as necessary 

HUD HAG Fund ........................................ Homeless Assistance Grants ................. Such sums as necessary 

DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED

SPENDING ITEMS

Neither the bill nor the report contains any Congressional earmarks, limited tax benefits, or limited tariff benefits as defined in 

clause 9 of rule XXI. 

COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

existing law in which no change is proposed is shown in roman): 

NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 

1995 

* * * * * * * 

TITLE III—MISCELLANEOUS HIGHWAY 

PROVISIONS 

* * * * * * * 

øSEC. 352. COLLECTION OF BRIDGE TOLLS. 

øNotwithstanding any other provision of law, tolls collected for 

motor vehicles on any bridge connecting the boroughs of Brooklyn, 

New York, and Staten Island, New York, shall continue to be collected for only those vehicles exiting from such bridge in Staten Island.¿ 

* * * * * * * 

SECTION 324 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS 

ACT, 1986 

øSEC. 324. (a) GENERAL RULE.—Tolls collected for motor vehicles 

on any bridge connecting the borough of Brooklyn, New York, and 

Staten Island, New York, shall only be collected for those vehicles 

exiting from such bridge in Staten Island. 

ø(b) ENFORCEMENT.—The Secretary shall withhold 1 percent of 

the amount required to be apportioned to the State of New York 

125 

under sections 104 and 144 of title 23, United States Code, on the 

first day of the fiscal year succeeding any fiscal year in which tolls 

collected for motor vehicles on the bridge referred to in subsection 

(a) are collected for those vehicles exiting from such bridge in the 

borough of Brooklyn. 

ø(c) PERIOD OF APPLICABILITY.—This section shall apply on and 

after the 90th day following the date of enactment of this section, 

except that this section shall not apply after the date on which the 

Secretary publishes in the Federal Register a determination under 

subsection (d). 

ø(d) REMOVAL OF LIMITATION.— ø(1) DETERMINATION OF SECRETARY.—Subsections (a) and (b) 

shall cease to be in effect if, upon petition by the Governor of 

New York under paragraph (2), the Secretary determines 

that— 

ø(A) a substantial loss of revenues has resulted from the 

limitation imposed by subsection (a), or 

ø(B) such limitation has resulted in significant traffic 

problems, 

and the Secretary publishes such determination in the Federal 

Register. 

ø(2) PETITION.—The Governor of New York may petition the 

Secretary for a determination under paragraph (1) at any time 

after a period of six consecutive months in which tolls collected 

for motor vehicles on the bridge referred to in subsection (a) 

have been collected only for those vehicles exiting from such 

bridge in Staten Island. ¿ 

SECTION 1948 OF SAFETEA–LU 

øSEC. 1948. EMERGENCY SERVICE ROUTE. 

øNotwithstanding any Federal law, regulation, or policy to the 

contrary, no Federal funds shall be obligated or expended for the 

demolition of the existing Brightman Street Bridge connecting Fall 

River and Somerset, Massachusetts, and the existing Brightman 

Street Bridge shall be maintained for pedestrian and bicycle access, 

and as an emergency service route.¿ 

SECTION 325 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS 

ACT, 1996 

øSEC. 325. Notwithstanding any other provisions of law, tolls collected for motor vehicles on any bridge connecting the boroughs of 

Brooklyn, New York, and Staten Island, New York, shall continue 

to be collected for only those vehicles exiting from such bridge in 

Staten Island.¿ 

TITLE 23, UNITED STATES CODE 

* * * * * * * 

CHAPTER 1—FEDERAL-AID HIGHWAYS 

* * * * * * * 

126 

§ 119. National highway performance program 

(a) ESTABLISHMENT.—The Secretary shall establish and implement a national highway performance program under this section. 

(b) PURPOSES.—The purposes of the national highway performance program shall be— 

(1) to provide support for the condition and performance of 

the National Highway System; 

(2) to provide support for the construction of new facilities on 

the National Highway System; and 

(3) to ensure that investments of Federal-aid funds in highway construction are directed to support progress toward the 

achievement of performance targets established in an asset 

management plan of a State for the National Highway System. 

(c) ELIGIBLE FACILITIES.—Except as provided in subsection (d), to 

be eligible for funding apportioned under section 104(b)(1) to carry 

out this section, a facility shall be located on the National Highway 

System, as defined in section 103. 

(d) ELIGIBLE PROJECTS.—Funds apportioned to a State to carry 

out the national highway performance program may be obligated 

only for a project on an eligible facility that is— 

(1)(A) a project or part of a program of projects supporting 

progress toward the achievement of national performance goals 

for improving infrastructure condition, safety, congestion reduction, system reliability, or freight movement on the National Highway System; and 

(B) consistent with sections 134 and 135; and 

(2) for 1 or more of the following purposes: 

(A) Construction, reconstruction, resurfacing, restoration, rehabilitation, preservation, or operational improvement of segments of the National Highway System. 

(B) Construction, replacement (including replacement 

with fill material), rehabilitation, preservation, and protection (including scour countermeasures, seismic retrofits, 

impact protection measures, security countermeasures, 

and protection against extreme events) of bridges on the 

National Highway System. 

(C) Construction, replacement (including replacement 

with fill material), rehabilitation, preservation, and protection (including impact protection measures, security countermeasures, and protection against extreme events) of 

tunnels on the National Highway System. 

(D) Inspection and evaluation, as described in section 

144, of bridges and tunnels on the National Highway System, and inspection and evaluation of other highway infrastructure assets on the National Highway System, including signs and sign structures, earth retaining walls, and 

drainage structures. 

(E) Training of bridge and tunnel inspectors, as described in section 144. 

(F) Construction, rehabilitation, or replacement of existing ferry boats and ferry boat facilities, including approaches, that connect road segments of the National 

Highway System. 

(G) Construction, reconstruction, resurfacing, restoration, rehabilitation, and preservation of, and operational 

127 

improvements for, a Federal-aid highway not on the National Highway System, and construction of a transit 

project eligible for assistance under chapter 53 of title 49, 

if— 

(i) the highway project or transit project is in the 

same corridor as, and in proximity to, a fully accesscontrolled highway designated as a part of the National Highway System; 

(ii) the construction or improvements will reduce 

delays or produce travel time savings on the fully access-controlled highway described in clause (i) and improve regional traffic flow; and 

(iii) the construction or improvements are more costeffective, as determined by benefit-cost analysis, than 

an improvement to the fully access-controlled highway 

described in clause (i). 

(H) Bicycle transportation and pedestrian walkways in 

accordance with section 217. 

(I) Highway safety improvements for segments of the 

National Highway System. 

(J) Capital and operating costs for traffic and traveler 

information monitoring, management, and control facilities 

and programs. 

(K) Development and implementation of a State asset 

management plan for the National Highway System in accordance with this section, including data collection, maintenance, and integration and the cost associated with obtaining, updating, and licensing software and equipment 

required for risk-based asset management and performance-based management. 

(L) Infrastructure-based intelligent transportation systems capital improvements, including the installation of 

vehicle-to-infrastructure communication equipment. 

(M) Environmental restoration and pollution abatement 

in accordance with section 328. 

(N) Control of noxious weeds and aquatic noxious weeds 

and establishment of native species in accordance with section 329. 

(O) Environmental mitigation efforts related to projects 

funded under this section, as described in subsection (g). 

(P) Construction of publicly owned intracity or intercity 

bus terminals servicing the National Highway System. 

(e) STATE PERFORMANCE MANAGEMENT.— 

(1) IN GENERAL.—A State shall develop a risk-based asset 

management plan for the National Highway System to improve 

or preserve the condition of the assets and the performance of 

the system. 

(2) PERFORMANCE DRIVEN PLAN.—A State asset management 

plan shall include strategies leading to a program of projects 

that would make progress toward achievement of the State targets for asset condition and performance of the National Highway System in accordance with section 150(d) and supporting 

the progress toward the achievement of the national goals 

identified in section 150(b). 

128 

(3) SCOPE.—In developing a risk-based asset management 

plan, the Secretary shall encourage States to include all infrastructure assets within the right-of-way corridor in such plan. 

(4) PLAN CONTENTS.—A State asset management plan shall, 

at a minimum, be in a form that the Secretary determines to 

be appropriate and include— 

(A) a summary listing of the pavement and bridge assets 

on the National Highway System in the State, including a 

description of the condition of those assets; 

(B) asset management objectives and measures; 

(C) performance gap identification; 

(D) lifecycle cost and risk management analysis; 

(E) a financial plan; and 

(F) investment strategies. 

ø(5) REQUIREMENT FOR PLAN.—Notwithstanding section 120, 

with respect to the second fiscal year beginning after the date 

of establishment of the process established in paragraph (8) or 

any subsequent fiscal year, if the Secretary determines that a 

State has not developed and implemented a State asset management plan consistent with this section, the Federal share 

payable on account of any project or activity carried out by the 

State in that fiscal year under this section shall be 65 percent.¿ 

(5) REQUIREMENT FOR PLAN.— 

(A) IN GENERAL.—Notwithstanding section 120, beginning on October 1, 2019, and each fiscal year thereafter, if 

the Secretary determines that a State has not developed 

and implemented a State asset management plan consistent 

with this section, the Federal share payable on account of 

any project or activity for which funds are obligated by the 

State in that fiscal year under this section shall be 65 percent. 

(B) DETERMINATION.—The Secretary shall make the determination under subparagraph (A) not later than the day 

before the beginning of each fiscal year. 

(6) CERTIFICATION OF PLAN DEVELOPMENT PROCESS.— 

(A) IN GENERAL.—Not later than 90 days after the date 

on which a State submits a request for approval of the 

process used by the State to develop the State asset management plan for the National Highway System, the Secretary shall— 

(i) review the process; and 

(ii)(I) certify that the process meets the requirements established by the Secretary; or 

(II) deny certification and specify actions necessary for the State to take to correct deficiencies 

in the State process. 

(B) RECERTIFICATION.—Not less frequently than once 

every 4 years, the Secretary shall review and recertify that 

the process used by a State to develop and maintain the 

State asset management plan for the National Highway 

System meets the requirements for the process, as established by the Secretary. 

129 

(C) OPPORTUNITY TO CURE.—If the Secretary denies certification under subparagraph (A), the Secretary shall provide the State with— 

(i) not less than 90 days to cure the deficiencies of 

the plan, during which time period all penalties and 

other legal impacts of a denial of certification shall be 

stayed; and 

(ii) a written statement of the specific actions the 

Secretary determines to be necessary for the State to 

cure the plan. 

(7) PERFORMANCE ACHIEVEMENT.—A State that does not 

achieve or make significant progress toward achieving the targets of the State for performance measures described in section 

150(d) for the National Highway System shall include as part 

of the performance target report under section 150(e) a description of the actions the State will undertake to achieve the targets. 

(8) PROCESS.—Not later than 18 months after the date of enactment of the MAP–21, the Secretary shall, by regulation and 

in consultation with State departments of transportation, establish the process to develop the State asset management 

plan described in paragraph (1). 

(f) INTERSTATE SYSTEM AND NHS BRIDGE CONDITIONS.— 

(1) CONDITION OF INTERSTATE SYSTEM.— 

(A) PENALTY.—If a State reports that the condition of 

the Interstate System, excluding bridges on the Interstate 

System, has fallen below the minimum condition level established by the Secretary under section 150(c)(3), the 

State shall be required, during the following fiscal year— 

(i) to obligate, from the amounts apportioned to the 

State under section 104(b)(1), an amount that is not 

less than the amount of funds apportioned to the State 

for fiscal year 2009 under the Interstate maintenance 

program for the purposes described in this section (as 

in effect on the day before the date of enactment of the 

MAP–21), except that for each year after fiscal year 

2013, the amount required to be obligated under this 

clause shall be increased by 2 percent over the amount 

required to be obligated in the previous fiscal year; 

and 

(ii) to transfer, from the amounts apportioned to the 

State under section 104(b)(2) (other than amounts suballocated to metropolitan areas and other areas of the 

State under section 133(d)) to the apportionment of 

the State under section 104(b)(1), an amount equal to 

10 percent of the amount of funds apportioned to the 

State for fiscal year 2009 under the Interstate maintenance program for the purposes described in this section (as in effect on the day before the date of enactment of the MAP–21). 

(B) RESTORATION.—The obligation requirement for the 

Interstate System in a State required by subparagraph (A) 

for a fiscal year shall remain in effect for each subsequent 

fiscal year until such time as the condition of the InterVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00129 Fmt 6659 Sfmt 6601 E:\HR\OC\HR106S1P.XXX HR106S1P
130 

state System in the State exceeds the minimum condition 

level established by the Secretary. 

(2) CONDITION OF NHS BRIDGES.— (A) PENALTY.—If the Secretary determines that, for the 

3-year-period preceding the date of the determination, 

more than 10 percent of the total deck area of bridges in 

the State on the National Highway System is located on 

bridges that have been classified as structurally deficient, 

an amount equal to 50 percent of funds apportioned to 

such State for fiscal year 2009 to carry out section 144 (as 

in effect the day before enactment of MAP–21) shall be set 

aside from amounts apportioned to a State for a fiscal year 

under section 104(b)(1) only for eligible projects on bridges 

on the National Highway System. 

(B) RESTORATION.—The set-aside requirement for 

bridges on the National Highway System in a State under 

subparagraph (A) for a fiscal year shall remain in effect for 

each subsequent fiscal year until such time as less than 10 

percent of the total deck area of bridges in the State on the 

National Highway System is located on bridges that have 

been classified as structurally deficient, as determined by 

the Secretary. 

(g) ENVIRONMENTAL MITIGATION.— (1) ELIGIBLE ACTIVITIES.—In accordance with all applicable 

Federal law (including regulations), environmental mitigation 

efforts referred to in subsection (d)(2)(O) include participation 

in natural habitat and wetlands mitigation efforts relating to 

projects funded under this title, which may include— 

(A) participation in mitigation banking or other thirdparty mitigation arrangements, such as— 

(i) the purchase of credits from commercial mitigation banks; 

(ii) the establishment and management of agencysponsored mitigation banks; and 

(iii) the purchase of credits or establishment of inlieu fee mitigation programs; 

(B) contributions to statewide and regional efforts to conserve, restore, enhance, and create natural habitats and 

wetlands; and 

(C) the development of statewide and regional environmental protection plans, including natural habitat and 

wetland conservation and restoration plans. 

(2) INCLUSION OF OTHER ACTIVITIES.—The banks, efforts, and 

plans described in paragraph (1) include any such banks, efforts, and plans developed in accordance with applicable law 

(including regulations). 

(3) TERMS AND CONDITIONS.—The following terms and conditions apply to natural habitat and wetlands mitigation efforts 

under this subsection: 

(A) Contributions to the mitigation effort may— 

(i) take place concurrent with, or in advance of, commitment of funding under this title to a project or 

projects; and 

(ii) occur in advance of project construction only if 

the efforts are consistent with all applicable requireVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00130 Fmt 6659 Sfmt 6601 E:\HR\OC\HR106S1P.XXX HR106S1P
131 

ments of Federal law (including regulations) and State 

transportation planning processes. 

(B) Credits from any agency-sponsored mitigation bank 

that are attributable to funding under this section may be 

used only for projects funded under this title, unless the 

agency pays to the Secretary an amount equal to the Federal funds attributable to the mitigation bank credits the 

agency uses for purposes other than mitigation of a project 

funded under this title. 

(4) PREFERENCE.—At the discretion of the project sponsor, 

preference shall be given, to the maximum extent practicable, 

to mitigating an environmental impact through the use of a 

mitigation bank, in-lieu fee, or other third-party mitigation arrangement, if the use of credits from the mitigation bank or inlieu fee, or the other third-party mitigation arrangement for 

the project, is approved by the applicable Federal agency. 

(h) TIFIA PROGRAM.—Upon Secretarial approval of credit assistance under chapter 6, the Secretary, at the request of a State, may 

allow the State to use funds apportioned under section 104(b)(1) to 

pay subsidy and administrative costs necessary to provide an eligible entity Federal credit assistance under chapter 6 with respect to 

a project eligible for assistance under this section. 

(i) ADDITIONAL FUNDING ELIGIBILITY FOR CERTAIN BRIDGES.— 

(1) IN GENERAL.—Funds apportioned to a State to carry out 

the national highway performance program may be obligated 

for a project for the reconstruction, resurfacing, restoration, rehabilitation, or preservation of a bridge not on the National 

Highway System, if the bridge is on a Federal-aid highway. 

(2) LIMITATION.—A State required to make obligations under 

subsection (f) shall ensure such requirements are satisfied in 

order to use the flexibility under paragraph (1). 

(j) CRITICAL INFRASTRUCTURE.— 

(1) CRITICAL INFRASTRUCTURE DEFINED.—In this subsection, 

the term ‘‘critical infrastructure’’ means those facilities the incapacity or failure of which would have a debilitating impact 

on national or regional economic security, national or regional 

energy security, national or regional public health or safety, or 

any combination of those matters. 

(2) CONSIDERATION.—The asset management plan of a State 

may include consideration of critical infrastructure from among 

those facilities in the State that are eligible under subsection 

(c). 

(3) RISK REDUCTION.—A State may use funds apportioned 

under this section for projects intended to reduce the risk of 

failure of critical infrastructure in the State. 

* * * * * * * 

§ 125. Emergency relief 

(a) IN GENERAL.—Subject to this section and section 120, an 

emergency fund is authorized for expenditure by the Secretary for 

the repair or reconstruction of highways, roads, and trails, in any 

area of the United States, including Indian reservations, that the 

Secretary finds have suffered serious damage as a result of— 

132 

(1) a natural disaster over a wide area, such as by a flood, 

hurricane, tidal wave, earthquake, severe storm, or landslide; 

or 

(2) catastrophic failure from any external cause. 

(b) RESTRICTION ON ELIGIBILITY.— (1) DEFINITION OF CONSTRUCTION PHASE.—In this subsection, 

the term ‘‘construction phase’’ means the phase of physical construction of a highway or bridge facility that is separate from 

any other identified phases, such as planning, design, or rightof-way phases, in the State transportation improvement program. 

(2) RESTRICTION.—In no case shall funds be used under this 

section for the repair or reconstruction of a bridge— 

(A) that has been permanently closed to all vehicular 

traffic by the State or responsible local official because of 

imminent danger of collapse due to a structural deficiency 

or physical deterioration; or 

(B) if a construction phase of a replacement structure is 

included in the approved Statewide transportation improvement program at the time of an event described in 

subsection (a). 

(c) FUNDING.— (1) IN GENERAL.—Subject to the limitations described in 

paragraph (2), there are authorized to be appropriated from 

the Highway Trust Fund (other than the Mass Transit Account) such sums as are necessary to establish the fund authorized by this section and to replenish that fund on an annual basis. 

(2) LIMITATIONS.—The limitations referred to in paragraph 

(1) are that— 

(A) not more than $100,000,000 is authorized to be obligated in any 1 fiscal year commencing after September 30, 

1980, to carry out this section, except that, if for any fiscal 

year the total of all obligations under this section is less 

than the amount authorized to be obligated for the fiscal 

year, the unobligated balance of that amount shall— 

(i) remain available until expended; and 

(ii) be in addition to amounts otherwise available to 

carry out this section for each year; and 

(B)(i) pending such appropriation or replenishment, the 

Secretary may obligate from any funds appropriated at 

any time for obligation in accordance with this title, including existing Federal-aid appropriations, such sums as 

are necessary for the immediate prosecution of the work 

herein authorized; and 

(ii) funds obligated under this subparagraph shall be 

reimbursed from the appropriation or replenishment. 

(d) ELIGIBILITY.— 

(1) IN GENERAL.—The Secretary may expend funds from the 

emergency fund authorized by this section only for the repair 

or reconstruction of highways on Federal-aid highways in accordance with this chapter, except that— 

(A) no funds shall be so expended unless an emergency 

has been declared by the Governor of the State with concurrence by the Secretary, unless the President has deVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00132 Fmt 6659 Sfmt 6601 E:\HR\OC\HR106S1P.XXX HR106S1P
133 

clared the emergency to be a major disaster for the purposes of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) for which 

concurrence of the Secretary is not required; and 

(B) the Secretary has received an application from the 

State transportation department that includes a comprehensive list of all eligible project sites and repair costs 

by not later than 2 years after the natural disaster or catastrophic failure. 

(2) COST LIMITATION.— (A) DEFINITION OF COMPARABLE FACILITY.—In this paragraph, the term ‘‘comparable facility’’ means a facility that 

meets the current geometric and construction standards 

required for the types and volume of traffic that the facility will carry over its design life. 

(B) LIMITATION.—The total cost of a project funded 

under this section may not exceed the cost of repair or reconstruction of a comparable facility. 

(3) DEBRIS REMOVAL.—The costs of debris removal shall be 

an eligible expense under this section only for— 

(A) an event not declared a major disaster or emergency 

by the President under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); 

(B) an event declared a major disaster or emergency by 

the President under that Act if the debris removal is not 

eligible for assistance under section 403, 407, or 502 of 

that Act (42 U.S.C. 5170b, 5173, 5192); or 

(C) projects eligible for assistance under this section located on tribal transportation facilities, Federal lands 

transportation facilities, or other federally owned roads 

that are open to public travel (as defined in subsection 

(e)(1)). 

ø(4) TERRITORIES.—The total obligations for projects under 

this section for any fiscal year in the Virgin Islands, Guam, 

American Samoa, and the Commonwealth of the Northern 

Mariana Islands shall not exceed $20,000,000.¿ 

(5) SUBSTITUTE TRAFFIC.—Notwithstanding any other provision of this section, actual and necessary costs of maintenance 

and operation of ferryboats or additional transit service providing temporary substitute highway traffic service, less the 

amount of fares charged for comparable service, may be expended from the emergency fund authorized by this section for 

Federal-aid highways. 

(e) TRIBAL TRANSPORTATION FACILITIES, FEDERAL LANDS TRANSPORTATION FACILITIES, AND PUBLIC ROADS ON FEDERAL LANDS.— 

(1) DEFINITIONS.—In this subsection, the following definitions apply: 

(A) OPEN TO PUBLIC TRAVEL.—The term ‘‘open to public 

travel’’ means, with respect to a road, that, except during 

scheduled periods, extreme weather conditions, or emergencies, the road— 

(i) is maintained; 

(ii) is open to the general public; and 

(iii) can accommodate travel by a standard passenger vehicle, without restrictive gates or prohibitive 

134 

signs or regulations, other than for general traffic control or restrictions based on size, weight, or class of 

registration. 

(B) STANDARD PASSENGER VEHICLE.—The term ‘‘standard 

passenger vehicle’’ means a vehicle with 6 inches of clearance from the lowest point of the frame, body, suspension, 

or differential to the ground. 

(2) EXPENDITURE OF FUNDS.—Notwithstanding subsection 

(d)(1), the Secretary may expend funds from the emergency 

fund authorized by this section, independently or in cooperation with any other branch of the Federal Government, a State 

agency, a tribal government, an organization, or a person, for 

the repair or reconstruction of tribal transportation facilities, 

Federal lands transportation facilities, and other federally 

owned roads that are open to public travel, whether or not 

those facilities are Federal-aid highways. 

(3) REIMBURSEMENT.— 

(A) IN GENERAL.—The Secretary may reimburse Federal 

and State agencies (including political subdivisions) for expenditures made for projects determined eligible under 

this section, including expenditures for emergency repairs 

made before a determination of eligibility. 

(B) TRANSFERS.—With respect to reimbursements described in subparagraph (A)— 

(i) those reimbursements to Federal agencies and Indian tribal governments shall be transferred to the account from which the expenditure was made, or to a 

similar account that remains available for obligation; 

and 

(ii) the budget authority associated with the expenditure shall be restored to the agency from which the 

authority was derived and shall be available for obligation until the end of the fiscal year following the 

year in which the transfer occurs. 

(f) TREATMENT OF TERRITORIES.—For purposes of this section, the 

Virgin Islands, Guam, American Samoa, and the Commonwealth of 

the Northern Mariana Islands shall be considered to be States and 

parts of the United States, and the chief executive officer of each 

such territory shall be considered to be a Governor of a State. 

(g) PROTECTING PUBLIC SAFETY AND MAINTAINING ROADWAYS.— 

The Secretary may use not more than 5 percent of amounts from 

the emergency fund authorized by this section to carry out projects 

that the Secretary determines are necessary to protect the public 

safety or to maintain or protect roadways that are included within 

the scope of an emergency declaration by the Governor of the State 

or by the President, in accordance with this section, and the Governor deems to be an ongoing concern in order to maintain vehicular traffic on the roadway. 

* * * * * * * 

CHAPTER 6—INFRASTRUCTURE FINANCE 

* * * * * * * 

135 

§ 603. Secured loans 

(a) IN GENERAL.— (1) AGREEMENTS.—Subject to paragraphs (2) and (3), the Secretary may enter into agreements with 1 or more obligors to 

make secured loans, the proceeds of which shall be used— 

(A) to finance eligible project costs of any project selected 

under section 602; 

(B) to refinance interim construction financing of eligible 

project costs of any project selected under section 602; 

(C) to refinance existing Federal credit instruments for 

rural infrastructure projects; or 

(D) to refinance long-term project obligations or Federal 

credit instruments, if the refinancing provides additional 

funding capacity for the completion, enhancement, or expansion of any project that— 

(i) is selected under section 602; or 

(ii) otherwise meets the requirements of section 602. 

(2) LIMITATION ON REFINANCING OF INTERIM CONSTRUCTION

FINANCING.—A loan under paragraph (1) shall not refinance interim construction financing under paragraph (1)(B)— 

(A) if the maturity of such interim construction financing 

is later than 1 year after the substantial completion of the 

project; and 

(B) later than 1 year after the date of substantial completion of the project. 

(3) RISK ASSESSMENT.—Before entering into an agreement 

under this subsection, the Secretary, in consultation with the 

Director of the Office of Management and Budget, shall determine an appropriate capital reserve subsidy amount for each 

secured loan, taking into account each rating letter provided by 

an agency under section 602(b)(3)(B). 

(b) TERMS AND LIMITATIONS.— (1) IN GENERAL.—A secured loan under this section with respect to a project shall be on such terms and conditions and 

contain such covenants, representations, warranties, and requirements (including requirements for audits) as the Secretary determines to be appropriate. 

(2) MAXIMUM AMOUNT.— (A) IN GENERAL.—Except as provided in subparagraph 

(B), the amount of a secured loan under this section shall 

not exceed the lesser of 49 percent of the reasonably anticipated eligible project costs or if the secured loan does not 

receive an investment grade rating, the amount of the senior project obligations. 

(B) RURAL PROJECTS FUND.—In the case of a project capitalizing a rural projects fund, the maximum amount of a 

secured loan made to a State infrastructure bank shall be 

determined in accordance with section 602(a)(5)(B)(iii). 

(3) PAYMENT.—A secured loan under this section— 

(A) shall— 

(i) be payable, in whole or in part, from— 

(I) tolls; 

(II) user fees; 

(III) payments owing to the obligor under a public-private partnership; 

136 

(IV) other dedicated revenue sources that also 

secure the senior project obligations; or 

(V) in the case of a secured loan for a project 

capitalizing a rural projects fund, any other dedicated revenue sources available to a State infrastructure bank, including repayments from loans 

made by the bank for rural infrastructure 

projects; and 

(ii) include a rate covenant, coverage requirement, 

or similar security feature supporting the project obligations; and 

(B) may have a lien on revenues described in subparagraph (A), subject to any lien securing project obligations. 

(4) INTEREST RATE.— 

(A) IN GENERAL.—Except as provided in subparagraphs 

(B) and (C), the interest rate on a secured loan under this 

section shall be not less than the yield on United States 

Treasury securities of a similar maturity to the maturity 

of the secured loan on the date of execution of the loan 

agreement. 

(B) RURAL INFRASTRUCTURE PROJECTS.— 

(i) IN GENERAL.—The interest rate of a loan offered 

to a rural infrastructure project or a rural projects 

fund under the TIFIA program shall be at 1/2 of the 

Treasury Rate in effect on the date of execution of the 

loan agreement. 

(ii) APPLICATION.—The rate described in clause (i) 

shall only apply to any portion of a loan the subsidy 

cost of which is funded by amounts set aside for rural 

infrastructure projects and rural project funds under 

section 608(a)(3)(A). 

(C) LIMITED BUYDOWNS.—The interest rate of a secured 

loan under this section may not be lowered by more than 

the lower of— 

(i) 11/2 percentage points (150 basis points); or 

(ii) the amount of the increase in the interest rate. 

(5) MATURITY DATE.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the final maturity date of the secured loan shall be the 

lesser of— 

(i) 35 years after the date of substantial completion 

of the project; and 

(ii) if the useful life of the capital asset being financed is of a lesser period, the useful life of the asset. 

(B) RURAL PROJECTS FUND.—In the case of a project capitalizing a rural projects fund, the final maturity date of 

the secured loan shall not exceed 35 years after the date 

on which the secured loan is obligated. 

(6) NONSUBORDINATION.— 

(A) IN GENERAL.—Except as provided in subparagraph 

(B), the secured loan shall not be subordinated to the 

claims of any holder of project obligations in the event of 

bankruptcy, insolvency, or liquidation of the obligor. 

(B) PREEXISTING INDENTURE.— 

137 

(i) IN GENERAL.—The Secretary shall waive the requirement under subparagraph (A) for a public agency 

borrower that is financing ongoing capital programs 

and has outstanding senior bonds under a preexisting 

indenture, if— 

(I) the secured loan is rated in the A category 

or higher; 

(II) the secured loan is secured and payable 

from pledged revenues not affected by project performance, such as a tax-backed revenue pledge or 

a system-backed pledge of project revenues; and 

(III) the TIFIA program share of eligible project 

costs is 33 percent or less. 

(ii) LIMITATION.—If the Secretary waives the nonsubordination requirement under this subparagraph— 

(I) the maximum credit subsidy to be paid by 

the Federal Government shall be not more than 

10 percent of the principal amount of the secured 

loan; and 

(II) the obligor shall be responsible for paying 

the remainder of the subsidy cost, if any. 

(7) FEES.—The Secretary may establish fees at a level sufficient to cover all or a portion of the costs to the Federal Government of making a secured loan under this section. 

ø(8) NON-FEDERAL SHARE.—The proceeds of a secured loan 

under the TIFIA program may be used for any non-Federal 

share of project costs required under this title or chapter 53 of 

title 49, if the loan is repayable from non-Federal funds.¿ 

(8) NON-FEDERAL SHARE.—Notwithstanding paragraph (9) 

and section 117(j)(2), the proceeds of a secured loan under the 

TIFIA program shall be considered to be part of the non-Federal share of project costs required under this title or chapter 

53 of title 49, if the loan is repayable from non-Federal funds. 

(9) MAXIMUM FEDERAL INVOLVEMENT.— 

(A) IN GENERAL.—The total Federal assistance provided 

for a project receiving a loan under the TIFIA program 

shall not exceed 80 percent of the total project cost. 

(B) RURAL PROJECTS FUND.—A project capitalizing a 

rural projects fund shall satisfy subparagraph (A) through 

compliance with the Federal share requirement described 

in section 610(e)(3)(B). 

(c) REPAYMENT.— 

(1) SCHEDULE.—The Secretary shall establish a repayment 

schedule for each secured loan under this section based on— 

(A) the projected cash flow from project revenues and 

other repayment sources; and 

(B) the useful life of the project. 

(2) COMMENCEMENT.—Scheduled loan repayments of principal or interest on a secured loan under this section shall commence not later than 5 years after the date of substantial completion of the project. 

(3) DEFERRED PAYMENTS.— (A) IN GENERAL.—If, at any time after the date of substantial completion of the project, the project is unable to 

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138 

payments of principal and interest on the secured loan, the 

Secretary may, subject to subparagraph (C), allow the obligor to add unpaid principal and interest to the outstanding 

balance of the secured loan. 

(B) INTEREST.—Any payment deferred under subparagraph (A) shall— 

(i) continue to accrue interest in accordance with 

subsection (b)(4) until fully repaid; and 

(ii) be scheduled to be amortized over the remaining 

term of the loan. 

(C) CRITERIA.— (i) IN GENERAL.—Any payment deferral under subparagraph (A) shall be contingent on the project meeting criteria established by the Secretary. 

(ii) REPAYMENT STANDARDS.—The criteria established pursuant to clause (i) shall include standards 

for reasonable assurance of repayment. 

(4) PREPAYMENT.— (A) USE OF EXCESS REVENUES.—Any excess revenues 

that remain after satisfying scheduled debt service requirements on the project obligations and secured loan and 

all deposit requirements under the terms of any trust 

agreement, bond resolution, or similar agreement securing 

project obligations may be applied annually to prepay the 

secured loan without penalty. 

(B) USE OF PROCEEDS OF REFINANCING.—The secured 

loan may be prepaid at any time without penalty from the 

proceeds of refinancing from non-Federal funding sources. 

(d) SALE OF SECURED LOANS.— 

(1) IN GENERAL.—Subject to paragraph (2), as soon as practicable after substantial completion of a project and after notifying the obligor, the Secretary may sell to another entity or 

reoffer into the capital markets a secured loan for the project 

if the Secretary determines that the sale or reoffering can be 

made on favorable terms. 

(2) CONSENT OF OBLIGOR.—In making a sale or reoffering 

under paragraph (1), the Secretary may not change the original terms and conditions of the secured loan without the written consent of the obligor. 

(e) LOAN GUARANTEES.— 

(1) IN GENERAL.—The Secretary may provide a loan guarantee to a lender in lieu of making a secured loan under this 

section if the Secretary determines that the budgetary cost of 

the loan guarantee is substantially the same as that of a secured loan. 

(2) TERMS.—The terms of a loan guarantee under paragraph 

(1) shall be consistent with the terms required under this section for a secured loan, except that the rate on the guaranteed 

loan and any prepayment features shall be negotiated between 

the obligor and the lender, with the consent of the Secretary. 

(f) STREAMLINED APPLICATION PROCESS.— (1) IN GENERAL.—Not later than 180 days after the date of 

enactment of the FAST Act, the Secretary shall make available 

an expedited application process or processes available at the 

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139 

gram that use a set or sets of conventional terms established 

pursuant to this section. 

(2) TERMS.—In establishing the streamlined application process required by this subsection, the Secretary may include 

terms commonly included in prior credit agreements and allow 

for an expedited application period, including— 

(A) the secured loan is in an amount of not greater than $100,000,000; 

(B) the secured loan is secured and payable from pledged 

revenues not affected by project performance, such as a 

tax-backed revenue pledge, tax increment financing, or a 

system-backed pledge of project revenues; and 

(C) repayment of the loan commences not later than 5 

years after disbursement. 

* * * * * * * 

CONSOLIDATED APPROPRIATIONS ACT, 2018 

(Public Law 115–141) 

* * * * * * * 

DIVISION L—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND 

RELATED AGENCIES APPROPRIATIONS ACT, 2018 

TITLE I—DEPARTMENT OF 

TRANSPORTATION 

* * * * * * * 

FEDERAL TRANSIT ADMINISTRATION

ADMINISTRATIVE EXPENSES

For necessary administrative expenses of the Federal Transit Administration’s programs authorized by chapter 53 of title 49, 

United States Code, $113,165,000: Provided, That none of the 

funds provided or limited in this Act may be used to create a permanent office of transit security under this heading: Provided further, That upon submission to the Congress of the fiscal year 2019 

President’s budget, the Secretary of Transportation shall transmit 

to Congress the annual report on New Starts, including proposed 

allocations for fiscal year 2019. 

* * * * * * * 

CAPITAL INVESTMENT GRANTS

For necessary expenses to carry out fixed guideway capital investment grants under section 5309 of title 49, United States Code, 

$2,644,960,000 to remain available until September 30, 2021: Provided, That of the amounts made available under this heading, 

140 

$2,252,508,586 shall be obligated by øDecember 31, 2019¿ September 30, 2020: Provided further, That $5,050,000 from unobligated amounts appropriated for the buses and bus facilities program under section 5309 of such title from fiscal years 2000 to 

2005 shall remain available until September 30, 2021 to carry out 

section 5309: Provided further, That of the amounts made available 

under this heading, $1,506,910,000 shall be available for projects 

authorized under section 5309(d) of such title, $715,700,000 shall 

be available for projects authorized under section 5309(e) of such 

title, $400,900,000 shall be available for projects authorized under 

section 5309(h) of such title: Provided further, That the Secretary 

shall continue to administer the capital investment grant program 

in accordance with the procedural and substantive requirements of 

section 5309 of such title. 

* * * * * * * 

RAILROAD REVITALIZATION AND REGULATORY 

REFORM ACT OF 1976 

* * * * * * * 

TITLE V—RAILROAD REHABILITATION AND IMPROVEMENT 

FINANCING 

* * * * * * * 

SEC. 502. DIRECT LOANS AND LOAN GUARANTEES. 

(a) GENERAL AUTHORITY.—The Secretary shall provide direct 

loans and loan guarantees to— 

(1) State and local governments; 

(2) interstate compacts consented to by Congress under section 410(a) of the Amtrak Reform and Accountability Act of 

1997 (49 U.S.C. 24101 note); 

(3) government sponsored authorities and corporations; 

(4) railroads; 

(5) joint ventures that include at least 1 of the entities described in paragraph (1), (2), (3), (4), or (6); and 

(6) solely for the purpose of constructing a rail connection between a plant or facility and a railroad, limited option freight 

shippers that own or operate a plant or other facility. 

(b) ELIGIBLE PURPOSES.— 

(1) IN GENERAL.—Direct loans and loan guarantees under 

this section shall be used to— 

(A) acquire, improve, or rehabilitate intermodal or rail 

equipment or facilities, including track, components of 

track, bridges, yards, buildings, and shops, and costs related to these activities, including pre-construction costs; 

(B) refinance outstanding debt incurred for the purposes 

described in subparagraph (A) or (C); 

(C) develop or establish new intermodal or railroad facilities; 

(D) reimburse planning and design expenses relating to 

activities described in subparagraph (A) or (C); or 

141 

(E) finance economic development, including commercial 

and residential development, and related infrastructure 

and activities, that— 

(i) incorporates private investment; 

(ii) is physically or functionally related to a passenger rail station or multimodal station that includes 

rail service; 

(iii) has a high probability of the applicant commencing the contracting process for construction not 

later than 90 days after the date on which the direct 

loan or loan guarantee is obligated for the project 

under this title; and 

(iv) has a high probability of reducing the need for 

financial assistance under any other Federal program 

for the relevant passenger rail station or service by increasing ridership, tenant lease payments, or other activities that generate revenue exceeding costs. 

(2) OPERATING EXPENSES NOT ELIGIBLE.—Direct loans and 

loan guarantees under this section shall not be used for railroad operating expenses. 

(3) SUNSET.—The Secretary may provide a direct loan or loan 

guarantee under this section for a project described in paragraph (1)(E) øonly during the 4-year period beginning on the 

date of enactment of the Passenger Rail Reform and Investment Act of 2015¿ until September 30, 2020. (c) PRIORITY PROJECTS.—In granting applications for direct loans 

or guaranteed loans under this section, the Secretary shall give priority to projects that— 

(1) enhance public safety, including projects for the installation of a positive train control system (as defined in section 

20157(i) of title 49, United States Code); 

(2) promote economic development; 

(3) enhance the environment; 

(4) enable United States companies to be more competitive 

in international markets; 

(5) are endorsed by the plans prepared under section 135 of 

title 23 or chapter 227 of title 49, United States Code, by the 

State or States in which they are located; 

(6) improve railroad stations and passenger facilities and increase transit-oriented development; 

(7) preserve or enhance rail or intermodal service to small 

communities or rural areas; 

(8) enhance service and capacity in the national rail system; 

or 

(9) would materially alleviate rail capacity problems which 

degrade the provision of service to shippers and would fulfill 

a need in the national transportation system. 

(d) EXTENT OF AUTHORITY.—The aggregate unpaid principal 

amounts of obligations under direct loans and loan guarantees 

made under this section shall not exceed $35,000,000,000 at any 

one time. Of this amount, not less than $7,000,000,000 shall be 

available solely for projects primarily benefiting freight railroads 

other than Class I carriers. The Secretary shall not establish any 

limit on the proportion of the unused amount authorized under this 

subsection that may be used for 1 loan or loan guarantee. 

142 

(e) RATES OF INTEREST.— (1) DIRECT LOANS.—The Secretary shall require interest to 

be paid on a direct loan made under this section at a rate not 

less than that necessary to recover the cost of making the loan. 

(2) LOAN GUARANTEES.—The Secretary shall not make a loan 

guarantee under this section if the interest rate for the loan 

exceeds that which the Secretary determines to be reasonable, 

taking into consideration the prevailing interest rates and customary fees incurred under similar obligations in the private 

capital market. 

(f) INFRASTRUCTURE PARTNERS.— (1) AUTHORITY OF SECRETARY.—In lieu of or in combination 

with appropriations of budget authority to cover the costs of direct loans and loan guarantees as required under section 

504(b)(1) of the Federal Credit Reform Act of 1990 (2 U.S.C. 

661c(b)(1)), including the cost of a modification thereof, the 

Secretary may accept on behalf of an applicant for assistance 

under this section a commitment from a non-Federal source, 

including a State or local government or agency or public benefit corporation or public authority thereof, to fund in whole or 

in part credit risk premiums and modification costs with respect to the loan that is the subject of the application or modification. In no event shall the aggregate of appropriations of 

budget authority and credit risk premiums described in this 

paragraph with respect to a direct loan or loan guarantee be 

less than the cost of that direct loan or loan guarantee. 

(2) CREDIT RISK PREMIUM AMOUNT.—The Secretary shall determine the amount required for credit risk premiums under 

this subsection on the basis of— 

(A) the circumstances of the applicant, including the 

amount of collateral offered, if any; 

(B) the proposed schedule of loan disbursements; 

(C) historical data on the repayment history of similar 

borrowers; 

(D) consultation with the Congressional Budget Office; 

and 

(E) any other factors the Secretary considers relevant. 

(3) CREDITWORTHINESS.—An applicant may propose and the 

Secretary shall accept as a basis for determining the amount 

of the credit risk premium under paragraph (2) any of the following in addition to the value of any tangible asset: 

(A) The net present value of a future stream of State or 

local subsidy income or other dedicated revenues to secure 

the direct loan or loan guarantee. 

(B) Adequate coverage requirements to ensure repayment, on a non-recourse basis, from cash flows generated 

by the project or any other dedicated revenue source, including— 

(i) tolls; 

(ii) user fees; or 

(iii) payments owing to the obligor under a publicprivate partnership. 

(C) An investment-grade rating on the direct loan or 

loan guarantee, as applicable, except that if the total 

amount of the direct loan or loan guarantee is greater than 

143 

$75,000,000, the applicant shall have an investment-grade 

rating from at least 2 rating agencies on the direct loan or 

loan guarantee. 

(4) PAYMENT OF PREMIUMS.—Credit risk premiums under 

this subsection shall be paid to the Secretary before the disbursement of loan amounts (and in the case of a modification, 

before the modification is executed), to the extent appropriations are not available to the Secretary to meet the costs of direct loans and loan guarantees, including costs of modifications 

thereof. 

(g) PREREQUISITES FOR ASSISTANCE.—The Secretary shall not 

make a direct loan or loan guarantee under this section unless the 

Secretary has made a finding in writing that— 

(1) repayment of the obligation is required to be made within 

a term of not more than the lesser of— 

(A) 35 years after the date of substantial completion of 

the project; or 

(B) the estimated useful life of the rail equipment or facilities to be acquired, rehabilitated, improved, developed, 

or established; 

(2) the direct loan or loan guarantee is justified by the 

present and probable future demand for rail services or intermodal facilities; 

(3) the applicant has given reasonable assurances that the 

facilities or equipment to be acquired, rehabilitated, improved, 

developed, or established with the proceeds of the obligation 

will be economically and efficiently utilized; 

(4) the obligation can reasonably be repaid, using an appropriate combination of credit risk premiums and collateral offered by the applicant to protect the Federal Government; and 

(5) the purposes of the direct loan or loan guarantee are consistent with subsection (b). 

(h) CONDITIONS OF ASSISTANCE.—(1) The Secretary shall, before 

granting assistance under this section, require the applicant to 

agree to such terms and conditions as are sufficient, in the judgment of the Secretary, to ensure that, as long as any principal or 

interest is due and payable on such obligation, the applicant, and 

any railroad or railroad partner for whose benefit the assistance is 

intended— 

(A) will not use any funds or assets from railroad or intermodal operations for purposes not related to such operations, 

if such use would impair the ability of the applicant, railroad, 

or railroad partner to provide rail or intermodal services in an 

efficient and economic manner, or would adversely affect the 

ability of the applicant, railroad, or railroad partner to perform 

any obligation entered into by the applicant under this section; 

(B) will, consistent with its capital resources, maintain its 

capital program, equipment, facilities, and operations on a continuing basis; and 

(C) will not make any discretionary dividend payments that 

unreasonably conflict with the purposes stated in subsection 

(b). 

(2) The Secretary shall not require an applicant for a direct loan 

or loan guarantee under this section to provide collateral. Any collateral provided or thereafter enhanced shall be valued as a going 

144 

concern after giving effect to the present value of improvements 

contemplated by the completion and operation of the project, if applicable. The Secretary shall not require that an applicant for a direct loan or loan guarantee under this section have previously 

sought the financial assistance requested from another source. 

(3) The Secretary shall require recipients of direct loans or loan 

guarantees under this section to comply with— 

(A) the standards of section 24312 of title 49, United States 

Code, as in effect on September 1, 2002, with respect to the 

project in the same manner that the National Railroad Passenger Corporation is required to comply with such standards 

for construction work financed under an agreement made 

under section 24308(a) of that title; and 

(B) the protective arrangements established under section 

504 of this Act, with respect to employees affected by actions 

taken in connection with the project to be financed by the loan 

or loan guarantee. 

(4) The Secretary shall require each recipient of a direct loan or 

loan guarantee under this section for a project described in subsection (b)(1)(E) to provide a non-Federal match of not less than 25 

percent of the total amount expended by the recipient for such 

project. 

(i) APPLICATION PROCESSING PROCEDURES.— 

(1) APPLICATION STATUS NOTICES.—Not later than 30 days 

after the date that the Secretary receives an application under 

this section, or additional information and material under 

paragraph (2)(B), the Secretary shall provide the applicant 

written notice as to whether the application is complete or incomplete. 

(2) INCOMPLETE APPLICATIONS.—If the Secretary determines 

that an application is incomplete, the Secretary shall— 

(A) provide the applicant with a description of all of the 

specific information or material that is needed to complete 

the application, including any information required by an 

independent financial analyst; and 

(B) allow the applicant to resubmit the application with 

the information and material described under subparagraph (A) to complete the application. 

(3) APPLICATION APPROVALS AND DISAPPROVALS.— 

(A) IN GENERAL.—Not later than 60 days after the date 

the Secretary notifies an applicant that an application is 

complete under paragraph (1), the Secretary shall provide 

the applicant written notice as to whether the Secretary 

has approved or disapproved the application. 

(B) ACTIONS BY THE OFFICE OF MANAGEMENT AND BUDGET.—In order to enable compliance with the time limit 

under subparagraph (A), the Office of Management and 

Budget shall take any action required with respect to the 

application within that 60-day period. 

(4) EXPEDITED PROCESSING.—The Secretary shall implement 

procedures and measures to economize the time and cost involved in obtaining an approval or a disapproval of an application for a direct loan or loan guarantee under this title. 

145 

(5) DASHBOARD.—The Secretary shall post on the Department of Transportation’s Internet Web site a monthly report 

that includes, for each application— 

(A) the applicant type; 

(B) the location of the project; 

(C) a brief description of the project, including its purpose; 

(D) the requested direct loan or loan guarantee amount; 

(E) the date on which the Secretary provided application 

status notice under paragraph (1); and 

(F) the date that the Secretary provided notice of approval or disapproval under paragraph (3). 

(j) REPAYMENT SCHEDULES.— 

(1) IN GENERAL.—The Secretary shall establish a repayment 

schedule requiring payments to commence not later than 5 

years after the date of substantial completion. 

(2) ACCRUAL.—Interest shall accrue as of the date of disbursement, and shall be amortized over the remaining term of 

the loan beginning at the time the payments begin. 

(3) DEFERRED PAYMENTS.— 

(A) IN GENERAL.—If at any time after the date of substantial completion the obligor is unable to pay the scheduled loan repayments of principal and interest on a direct 

loan provided under this section, the Secretary, subject to 

subparagraph (B), may allow, for a maximum aggregate 

time of 1 year over the duration of the direct loan, the obligor to add unpaid principal and interest to the outstanding 

balance of the direct loan. 

(B) INTEREST.—A payment deferred under subparagraph 

(A) shall— 

(i) continue to accrue interest under paragraph (2) 

until the loan is fully repaid; and 

(ii) be scheduled to be amortized over the remaining 

term of the loan. 

(4) PREPAYMENTS.— (A) USE OF EXCESS REVENUES.—With respect to a direct 

loan provided by the Secretary under this section, any excess revenues that remain after satisfying scheduled debt 

service requirements on the project obligations and direct 

loan and all deposit requirements under the terms of any 

trust agreement, bond resolution, or similar agreement securing project obligations may be applied annually to prepay the direct loan without penalty. 

(B) USE OF PROCEEDS OF REFINANCING.—The direct loan 

may be prepaid at any time without penalty from the proceeds of refinancing from non-Federal funding sources. 

(k) SALE OF DIRECT LOANS.— 

(1) IN GENERAL.—Subject to paragraph (2) and as soon as 

practicable after substantial completion of a project, the Secretary, after notifying the obligor, may sell to another entity or 

reoffer into the capital markets a direct loan for the project if 

the Secretary determines that the sale or reoffering has a high 

probability of being made on favorable terms. 

(2) CONSENT OF OBLIGOR.—In making a sale or reoffering 

under paragraph (1), the Secretary may not change the origiVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00145 Fmt 6659 Sfmt 6601 E:\HR\OC\HR106S1P.XXX HR106S1P
146 

nal terms and conditions of the secured loan without the prior 

written consent of the obligor. 

(l) NONSUBORDINATION.— 

(1) IN GENERAL.—Except as provided in paragraph (2), a direct loan provided by the Secretary under this section shall not 

be subordinated to the claims of any holder of project obligations in the event of bankruptcy, insolvency, or liquidation of 

the obligor. 

(2) PREEXISTING INDENTURES.— 

(A) IN GENERAL.—The Secretary may waive the requirement under paragraph (1) for a public agency borrower 

that is financing ongoing capital programs and has outstanding senior bonds under a preexisting indenture if— 

(i) the direct loan is rated in the A category or higher; 

(ii) the direct loan is secured and payable from 

pledged revenues not affected by project performance, 

such as a tax-based revenue pledge or a systembacked pledge of project revenues; and 

(iii) the program share, under this title, of eligible 

project costs is 50 percent or less. 

(B) LIMITATION.—The Secretary may impose limitations 

for the waiver of the nonsubordination requirement under 

this paragraph if the Secretary determines that such limitations would be in the financial interest of the Federal 

Government. 

(m) MASTER CREDIT AGREEMENTS.— 

(1) IN GENERAL.—Subject to subsection (d) and paragraph (2) 

of this subsection, the Secretary may enter into a master credit 

agreement that is contingent on all of the conditions for the 

provision of a direct loan or loan guarantee, as applicable, 

under this title and other applicable requirements being satisfied prior to the issuance of the direct loan or loan guarantee. 

(2) CONDITIONS.—Each master credit agreement shall— 

(A) establish the maximum amount and general terms 

and conditions of each applicable direct loan or loan guarantee; 

(B) identify 1 or more dedicated non-Federal revenue 

sources that will secure the repayment of each applicable 

direct loan or loan guarantee; 

(C) provide for the obligation of funds for the direct 

loans or loan guarantees contingent on and after all requirements have been met for the projects subject to the 

master credit agreement; and 

(D) provide 1 or more dates, as determined by the Secretary, before which the master credit agreement results 

in each of the direct loans or loan guarantees or in the release of the master credit agreement. 

* * * * * * * 

CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the following statements are submitted 

147 

describing the effect of provisions in the accompanying bill that directly or indirectly change the application of existing law. 

TITLE I—DEPARTMENT OF TRANSPORTATION 

Language is included under Office of the Secretary, ‘Salaries and 

Expenses’ specifying certain amounts for individual offices of the 

Office of the Secretary and official reception and representation expenses, specifying transfer authority among offices, allowing up to 

$2,500,000 in user fees to be credited to the account, and preventing funds for certain activities. 

Language is included under the Office of the Secretary, ‘Research 

and Technology’ which limits the availability of funds, changes the 

availability of funds, provides funds for specified activities, allows 

funds received from other entities to be credited to the account, and 

deems the title of the office. 

Language is included under the Office of the Secretary, ‘National 

Infrastructure Investments’ which authorizes and appropriates 

grant funding for surface transportation infrastructure to be competitively awarded at the discretion of the Secretary, limits the 

availability of funds, specifies grantee and project eligibility requirements, authorizes a portion of the funds for Federal credit assistance awards, specifies requirements for how the Secretary shall 

prioritize funding and select projects, specifies minimum and maximum grants sizes and sets limits on awards per project and per 

state, specifies a limit on federal share of projects receiving awards, 

establishes minimum funding amounts for rural and urban 

projects, authorizes the Secretary to use funds for departmental administrative costs, and establishes requirements and deadlines for 

when and how the Secretary shall solicit applications for grants 

and make awards. 

Language is included under the Office of the Secretary, ‘National 

Surface and Innovative Finance Bureau’ which makes funding 

available until expended and sets a notification requirement. 

Language is included under the Office of the Secretary, ‘Financial Management Capital’ which provides funds for financial systems and business process upgrades and changes the availability of 

funds. 

Language is included under the Office of the Secretary, ‘Cyber 

Security Initiatives’ which provides funds for information technology security upgrades and changes the availability of funds. 

Language is included under the Office of the Secretary, ‘Transportation Planning, Research, and Development’ which provides 

funds for conducting transportation planning, research, and development activities and making grants; changes the availability of 

funds; and specifies funding minimums for and authorities related 

to the Interagency Infrastructure Permitting Improvement Center. 

Language is included that limits operating costs and capital outlays of the Working Capital Fund for the Department of Transportation (DOT); provides that services shall be provided on a competitive basis, except for non-DOT entities; restricts the transfer for 

any funds to the Working Capital Fund with approval; and limits 

special assessments or reimbursable agreements levied against any 

program, project, or activity funded in this Act to only those assessments or reimbursable agreements that are presented to and approved by the House and Senate Committees on Appropriations. 

148 

Language is included under Office of the Secretary, ‘Small and 

Disadvantaged Business Utilization and Outreach’ specifying that 

funds may be used for business opportunities related to any mode 

of transportation, limiting the availability of funds, and specifying 

that funds may be used for activities previously under the heading 

‘Minority Business Resource Center’. 

Language is included under the Office of the Secretary, ‘Payments to Air Carriers’ that allows the Secretary of Transportation 

to consider subsidy requirements when determining service to a 

community, eliminates the requirement that carriers use at least 

15-passenger aircraft, prohibits funds for communities within a certain distance of a small hub airport without a cost-share, allows 

amounts to be made available from the Federal Aviation Administration, and allows the reimbursement of such amounts from overflight fees. 

Section 101 prohibits the Office of the Secretary of Transportation from approving assessments or reimbursable agreements 

pertaining to funds appropriated to the modal administrations in 

this Act, unless such assessments or agreements have completed 

the normal reprogramming process for Congressional notification. 

Section 102 sets administrative requirements of the Department’s Council on Credit and Finance. 

Section 103 allows the Department to use the Working Capital 

Fund to provide transit benefits to Federal employees. 

Section 104 provides additional amounts to the Office of the Secretary, ‘Salaries and Expenses’ if the Secretary completes work on 

certain competitive grant programs. 

Section 105 specifies certain amounts for the Office of the Secretary, ‘Research and Technology’ for the Secretary to conduct a 

study and establishes requirements and deadlines for when and 

how the Secretary shall execute such a study. 

Section 106 specifies certain amounts for the Office of the Secretary, ‘Research and Technology’ for the Secretary to establish a 

center of excellence within the Department and establishes requirements and deadlines for when and how the Secretary shall execute 

such a center of excellence. 

Language is included under the Federal Aviation Administration, 

‘Operations’ that specifies funds for certain activities; limits the 

availability of funds; derives funds from the Airport and Airway 

Trust Fund; specifies transfer authorities among activities; requires 

various staffing plans by a certain date with financial penalties for 

late submissions; permits the use of funds to enter into a grant 

agreement with a nonprofit standard setting organization to develop aviation safety standards; prohibits the use of funds for new 

applicants of the second career training program; prohibits funds 

to plan, finalize, or implement any regulation that would promulgate new aviation user fees not specifically authorized by law; credits funds received from other entities for expenses incurred in the 

provision of agency services; specifies funds for the contract tower 

program; prohibits funds from certain activities coordinated 

through the Working Capital Fund; prohibits funds to eliminate 

the Contract Weather Observer program; and requires organizational changes to field or regional offices to be subject to section 

405 of this Act. 

149 

Language is included under Federal Aviation Administration, 

‘Facilities and Equipment’ that funds various activities from the 

Airport and Airway Trust Fund, limits the availability of funds, 

credits funds received from other entities for expenses incurred in 

the modernization of air navigation systems, and requires a capital 

investment. 

Language is included under Federal Aviation Administration, 

‘Research, Engineering, and Development’ that provides funds from 

the Airport and Airway Trust Fund that limits the availability of 

funds; credits funds received from other entities for expenses incurred for in research, engineering and development to be credited 

to the account; requires funds to be used in accordance with the report accompanying this Act; and specifies transfer authorities 

among amounts in the report subject to section 405 of this Act. 

Language is included under Federal Aviation Administration, 

‘Grants-in-aid for Airports’ that provides funds from the Airport 

and Airway Trust Fund and from general funds, specifies the availability of funds, prohibits funds for certain activities, sets a cost 

share requirement on certain airport construction projects, limits 

the availability of funds for certain activities, allows the participation of certain additional airports, allows the Federal share of certain grants to be 95 percent, allows funds to be used for administrative expenses, research, and the ‘‘Small Community Air Service 

Development Program’’; and defines airport eligibility. 

Section 110 limits the number of technical work years at the 

Center for Advanced Aviation Systems Development to 600. 

Section 111 prohibits FAA from requiring airport sponsors to provide the agency ‘without cost’ building construction, maintenance, 

utilities and expenses, or space in sponsor-owned buildings, except 

in the case of certain specified exceptions. 

Section 112 allows reimbursement for fees collected and credited 

under 49 U.S.C. 45303. 

Section 113 allows reimbursement of funds for providing technical assistance to foreign aviation authorities to be credited to the 

operations account. 

Section 114 prohibits FAA from paying Sunday premium pay, except in those cases where the individual actually worked on a Sunday. 

Section 115 prohibits FAA from using funds to purchase store 

gift cards or gift certificates through a government-issued credit 

card. 

Section 116 requires approval from the Deputy Assistant Secretary for Administration of the Department of Transportation for 

retention bonuses for any FAA employee. 

Section 117 requires the Secretary to block the display of an 

owner or operator’s aircraft registration number in the Aircraft Situational Display to Industry program, upon the request of an 

owner or operator. 

Section 118 limits the number of FAA political appointees to 

eight. 

Section 119 prohibits funds for any increase in fees for navigational products until FAA has reported a justification for such fees 

to the House and Senate Committees on Appropriations. 

150 

Section 119A requires FAA to notify the House and Senate Committees on Appropriations at least 90 days before closing a regional 

operations center or reducing the services it provides. 

Section 119B prohibits funds to change weight restrictions or 

prior permission rules at Teterboro Airport in Teterboro, New Jersey. 

Section 119C sets requirements for the Contract Tower program. 

Section 119D allows for reimbursements to airports affected by 

Temporary Flight Restrictions (TFRs). 

Language is included under the Federal Highway Administration, ‘Limitation on Administrative Expenses’ that limits the 

amount to be paid, together with advances and reimbursements received, for the administrative expenses of the agency. In addition 

to this limitation, an amount is specified that is to be made available to the Appalachian Regional Commission for administrative 

expenses. 

Language is included under the Federal Highway Administration, ‘Federal-aid Highways’ that limits the obligations for Federalaid highways and highway safety construction programs; allows the 

Secretary to charge, collect and spend fees for the costs of underwriting and servicing Federal credit instruments; and provides that 

such amounts are in addition to administrative expenses, and not 

subject to any obligation limitation or limitation on administrative 

expenses under section 608 of title 23, U.S.C., and are available 

until expended. 

Language is included under the Federal Highway Administration, ‘Federal-aid Highways’ that liquidates contract authority from 

the Highway Trust Fund. 

Language is included under the Federal Highway Administration, ‘Highway Infrastructure Programs’ that authorizes and appropriates additional amounts for activities eligible under sections 

133(b), 130(a), 151, 165(b)(2) and 165(c)(6) of title 23, and the Nationally Significant Federal lands and tribal projects program and 

the Regional Infrastructure Accelerator Demonstration Program as 

authorized under the FAST Act, an Advanced Digital Construction 

Management System, a National Road Network Pilot Program, and 

a research study on Tribal populations. Language specifies the formula distribution of funding, applies and waives various statutory 

requirements for each subset of funding, and changes the availability of funds. 

Section 120 distributes obligation authority among Federal-aid 

highways programs, contingent on enactment of authorization legislation. 

Section 121 credits funds received by the Bureau of Transportation Statistics to the Federal-aid highways account. 

Section 122 provides requirements for any waiver of the Buy 

America Act. 

Section 123 requires Congressional notification before the Department provides credit assistance under section 603 and 604 of 

title 23, U.S.C. 

Section 124 requires Congressional notification before the Department provides grant assistance under section 117 of title 23, 

U.S.C. 

Section 125 authorizes the Secretary to repurpose certain unobligated balances of previously earmarked funds, set requirements for 

151 

exercising such authority, defines what constitutes an earmarked 

amount for purposes of such authority, specifies limitations on 

what earmark balances are eligible for repurposing, and specifies 

requirements that new projects must meet in order to be eligible 

for repurposed funding. 

Section 126 repeals a prohibition on two-way tolling on the 

Verrazano-Narrows Bridge in New York. 

Section 127 removes a cap on annual spending of emergency relief funds for the Territories. 

Section 128 requires the Department to make determinations on 

certain waivers to the Buy America Act. 

Section 129 repeals a prohibition on removing a bridge in Boston, 

Massachusetts. 

Section 129A modifies a provision of the FAST Act regarding the 

availability of funds for states without a State Asset Management 

plan. 

Language is included under the Federal Motor Carrier Safety 

Administration, ‘Motor Carrier Safety Operations and Programs’ 

that provides a limitation on obligations and liquidation of contract 

authorization; changes the availability of funds; and specifies 

amounts available for specific activities. 

Language is included under the Federal Motor Carrier Safety 

Administration, ‘Motor Carrier Safety Grants’ that provides limitation on obligations and liquidation of contract authorization; modifies the availability of certain funds; and specifies amounts available for various programs. 

Section 130 requires the Federal Motor Carrier Safety Administration to send notices of certain violations such that the receipt of 

such notice is confirmed. 

Section 131 prohibits funds to enforce Electronic Logging Device 

regulations with respect to carriers transporting livestock or insects. 

Section 132 requires the Federal Motor Carrier Safety Administration to require rear underride guards be inspected annually. 

Section 133 prohibits the Federal Motor Carrier Safety Administration from using funds to review and issue a decision on a petition to preempt certain State meal and rest break laws. 

Section 134 requires the Federal Motor Carrier Safety Administration to make Compliance, Safety, Accountability program data 

publicly available consistent with the way it was made available 

before December 4, 2015. 

Section 135 prohibits the Federal Motor Carrier Safety Administration from using funds to promulgate or enforce a rule that eliminates the 30-minute rest break. 

Language is included under National Highway Traffic Safety Administration, ‘Operations and Research’ that provides funds for vehicle safety activities; and modifies the period of availability of certain funds. 

Language is included under National Highway Traffic Safety Administration, ‘Operations and Research’ that provides a limitation 

on obligations and a liquidation of contract authorization from the 

Highway Trust Fund; specifies amounts for various programs; and 

modifies the period of availability of certain funds. 

Language is included under the National Highway Traffic Safety 

Administration ‘Highway Traffic Safety Grants’ that provides a 

152 

limitation on obligations; changes the availability of funds; provides 

a liquidation of contract authorization from the Highway Trust 

Fund; specifies the amounts for various programs; prohibits and 

limits funds for specific purposes; and requires certain Congressional notifications. 

Section 140 provides funding for travel and related expenses for 

state management reviews and highway safety core competency development training. 

Section 141 exempts obligation authority that was made available in previous public laws from limitations on obligations set in 

this Act. 

Section 142 prohibits funding for mandated global positioning 

system tracking. 

Section 143 authorizes and appropriates additional funding for 

activities eligible under section 403 of title 23 and changes the 

availability of funds. 

Section 144 authorizes and appropriates additional funding for a 

study on children in vehicles with Automated Driving Systems. 

Section 145 prohibits the National Highway Traffic Safety Administration from using funds to finalize ‘‘The Safer Affordable 

Fuel-Efficient Vehicles Rule’’. 

Section 146 prohibits the National Highway Traffic Safety Administration from using funds to enforce requirements imposed by 

section 405(a)(9) of title 23. 

Language is included under Federal Railroad Administration, 

‘Safety and Operations’ which provides funds and funding availability. 

Language is included under Federal Railroad Administration, 

‘Railroad Research and Development’ which provides funds and 

funding availability. 

Language is included under Federal Railroad Administration, 

‘Railroad Rehabilitation and Improvement Financing Program’ authorizing the Secretary to issue direct loans and loan guarantees 

under sections 501 through 504 of the Railroad Revitalization and 

Regulatory Reform Act and provides authority availability. 

Language is included under the Federal Railroad Administration, 

‘Federal-State Partnership for State of Good Repair’ which provides 

funds, provides funding availability, allows the Secretary to withhold funds for a specified purpose, and establishes requirements 

and deadlines for when and how the Secretary shall solicit applications for grants and make awards. 

Language is included under the Federal Railroad Administration, 

‘Consolidated Rail Infrastructure and Safety Improvements’ which 

provides funds and provides funding availability. Language sets 

aside amounts for specified purposes, expands eligibility for the setasides and other purposes, allows certain funds to be transferred 

based on criteria, and allows unobligated balances remaining after 

four years to be used for any eligible project. Language establishes 

requirements and deadlines for when and how the Secretary shall 

solicit applications for grants and make awards, and allows the 

Secretary to withhold funding for a specified purpose. 

Language is included under the Federal Railroad Administration, 

‘Magnetic Levitation Technology Deployment Program’ which provides funds and funding availability. 

153 

Language is included under the Federal Railroad Administration, 

‘Northeast Corridor Grants to the National Railroad Passenger 

Corporation’ which provides funds and funding availability, allows 

the Secretary to withhold funding for specified purposes, and sets 

aside amounts for specified activities. 

Language is included under the Federal Railroad Administration, 

‘National Network Grants to the National Railroad Passenger Corporation’ which provides funding and funding availability, and allows the Secretary to withhold funding for a specified purpose. 

Section 150 limits overtime to $35,000 per employee, allows Amtrak to waive this restriction for specific employees for safety or 

operational efficiency reasons, requires quarterly notification to the 

House and Senate Committees on Appropriations on waivers granted for overtime and specified information related to overtime, and 

requires the Amtrak to provide a report that includes specified information on overtime payments incurred for 2019 and three prior 

years. 

Section 151 prohibits funds under the Federal Railroad Administration, ‘Northeast Corridor Grants to the National Railroad Passenger Corporation’ and ‘National Network Grants to the National 

Railroad Passenger Corporation’ to reduce the size of the Amtrak 

Police Department. 

Language is included under Federal Transit Administration, ‘Administrative Expenses’ specifying amounts for certain activities, 

modifying the period of availability, prohibiting a permanent office 

of transit security, and directing the submission of the annual report on new starts. 

Language is included under Federal Transit Administration, 

‘Transit Formula Grants’ that provides a limitation on obligations 

from the Highway Trust Fund, and provides for the liquidation of 

contract authority. 

Language is included under Federal Transit Administration, 

‘Transit Infrastructure Grants’ that specifies amounts for certain 

activities authorized by sections 5339, 5337, 5312 and 5318 of title 

49, from the general fund, and are not subject to any limitation on 

obligations. 

Language is included under Federal Transit Administration 

‘Technical Assistance and Training’ that specifies amounts for certain activities. 

Language is included under Federal Transit Administration, 

‘Capital Investment Grants’ that specifies amounts for specific purposes, changes the period of availability of funds, changes the obligation deadline, and requires the Secretary to continue to administer the capital investment grant program pursuant to 49 U.S.C. 

5309. 

Language is included under Federal Transit Administration, 

‘Grants to the Washington Metropolitan Area Transit Authority’ 

that changes the period of availability of funds, requires the Secretary to review projects before a grant is made, requires the Secretary to determine that WMATA has placed the highest priority 

on safety investments and has eliminated financial management 

issues, requires the Secretary to place the highest priority on safety 

investments, and allows the Secretary to waive the requirement for 

cellular phone service. 

154 

Section 160 exempts previously made transit obligations from 

limitations on obligations. 

Section 161 allows funds appropriated for capital investment 

grants and bus and bus facilities not obligated by a certain date, 

plus other recoveries to be available for other projects under 49 

U.S.C. 5309. 

Section 162 allows for the transfer of prior year appropriations 

from older accounts to be merged into new accounts with similar, 

current activities. 

Section 163 modifies the obligation deadline for certain funds 

provided under the heading Capital Investment Grants. 

Section 164 prohibits the Federal Transit Administration from 

using funds to enforce provisions in section 9503(e)(4) of Title 26, 

request or require a Capital Investment Grant project to have a 

maximum Capital Investment Grant contribution lower than 50 

percent of the total project cost; to determine the maximum Capital 

Investment Grant contribution until the project has been in Engineering for at least 180 days; and requiring projects currently in 

Project Development or Engineering from exceeding a 50 percent 

probability threshold when determining the reasonableness of that 

estimate. 

Section 165 permits grantees under section 5339(c) of title 49 to 

submit applications with partners and permits those arrangements 

to comply with competitive procurement regulations. 

Language is included under the Saint Lawrence Seaway Development Corporation that authorizes expenditures, contracts, and commitments as may be necessary. 

Language is included under the Saint Lawrence Seaway Development Corporation ‘Operations and Maintenance’ that provides 

funds derived from the Harbor Maintenance Trust Fund, and specifies a certain amount for asset renewal activities. 

Language is included under Maritime Administration, ‘Maritime 

Security Program’ that provides funds and funding availability. 

Language is included under Maritime Administration, ‘Operations and Training’ that provides funds for specific purposes, limits funding availability, and requires a report on sexual assault and 

harassment at the United States Merchant Marine Academy. 

Language is included under Maritime Administration, ‘Assistance to Small Shipyards’ that provides funding, and limits funding 

availability. 

Language is included under Maritime Administration, ‘Ship Disposal’ that provides funds and limits funding availability. 

Language is included under Maritime Administration, ‘Port Infrastructure Development Program’, that provides funds and limits 

funding availability. 

Section 170 allows the Maritime Administration to furnish utilities and services and make repairs to any lease, contract, or occupancy involving government property under the control of MARAD. 

Language is included under Pipeline and Hazardous Materials 

Safety Administration, ‘Operational Expenses’ which provides funding for operations and funding availability. Language establishes 

requirements and deadlines for when the Secretary shall complete 

several rulemakings. 

Language is included under Pipeline and Hazardous Materials 

Safety Administration, ‘Hazardous Materials Safety’ which proVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00154 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
155 

vides funds for hazardous materials safety functions and funding 

availability. Language allows up to $800,000 in fees collected under 

49 U.S.C. 5108(g) to be deposited in the general fund of the Treasury as offsetting receipts, and credits to the appropriation for the 

account funds received from States, counties, other public authorities, and private sources for certain expenses. 

Language is included under Pipeline and Hazardous Materials 

Safety Administration, ‘Pipeline Safety’ which specifies amounts 

derived from the Pipeline Safety Fund, the Oil Spill Liability Trust 

Fund, and the Underground Natural Gas Storage Facility Safety 

Account; limits availability of funds; and specifies a minimum 

amount for certain activities. 

Language is included under Pipeline and Hazardous Materials 

Safety Administration, ‘Emergency Preparedness Grants’ which 

specifies the amount derived from the Emergency Preparedness 

Fund, limits the availability of funds, allows up to four percent of 

funds made available for administrative costs, and allows prior 

year recoveries for certain activities. 

Language is included under Office of Inspector General, ‘Salaries 

and Expenses’ that provides the Inspector General with all necessary authority to investigate allegations of fraud by any person 

or entity that is subject to regulation by the Department of Transportation, the authority to investigate unfair or deceptive practices 

and unfair methods of competition by domestic and foreign air carriers and ticket agents, and allows funds to be available from forfeiture proceedings. 

Section 180 provides authorization for DOT to maintain and operate aircraft, hire passenger motor vehicles and aircraft, purchase 

liability insurance, buy uniforms, or allowances therefor. 

Section 181 limits appropriations for services authorized by 5 

U.S.C. 3109 to the rate permitted for an Executive Level IV. 

Section 182 prohibits recipients of funds in this Act from disseminating personal information obtained by state DMVs in connection 

to motor vehicle records with an exception. 

Section 183 limits the number of political and Presidential appointees within the Department of Transportation and increases 

the limitation if the Secretary completes work on certain competitive grant programs. 

Section 184 stipulates that revenue collected by FHWA and FRA 

from States, counties, municipalities, other public authorities, and 

private sources for training be transferred into specific accounts 

within the agency with an exception. 

Section 185 prohibits DOT from using funds to make a grant, 

loan, loan guarantee, or cooperative agreement, unless DOT gives 

a 3-day advance notice to the House and Senate Committees on Appropriations. Also requires notice of any ‘‘quick release’’ of funds 

from FHWA’s emergency relief program, and prohibits notifications 

from involving funds not available for obligation. Requires DOT to 

provide a comprehensive list of all loans, loan guarantees, lines of 

credit, cooperative agreements, and discretionary grants that will 

be announced with a 3-day advance notice to the House and Senate 

Committees on Appropriations. 

Section 186 allows funds received from rebates, refunds, and 

similar sources to be credited to appropriations of DOT. 

156 

Section 187 allows amounts from improper payments to a third 

party contractor that are lawfully recovered by DOT to be made 

available until expended to cover expenses incurred in recovery of 

such payments. 

Section 188 requires that reprogramming actions have to be approved or denied by the House and Senate Committees on Appropriations, and reprogramming notifications shall be transmitted 

solely to the Appropriations Committees. 

Section 189 allows funds appropriated to modal administrations 

to be obligated for the Office of the Secretary for costs related to 

assessments only when such funds provide a direct benefit to that 

modal administration. 

Section 190 authorizes the Secretary to carry out a program that 

establishes uniform standards for developing and supporting agency transit pass and transit benefits, including distribution of transit benefits. 

Section 191 allows the use of funds to assist a contract utilizing 

geographic, economic, or other hiring preference not otherwise authorized by law, only if certain requirements are met related to 

availability of local labor, displacement of existing employees, and 

delays in transportation plans. 

Section 192 prohibits funds to take certain actions relating to the 

California High Speed Rail Authority. Language establishes requirements and deadlines for when and how the Secretary may solicit applications for grants and make awards for specified funding. 

Section 195 prohibits the Department of Transportation from 

using funds for grants to entities that do not comply with practices 

for control system procurement recommended by the Department of 

Homeland Security. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

Language is included under Department of Housing and Urban 

Development, ‘Management and Administration’, ‘Executive Offices’ 

that specifies funds for the Office of the Secretary, the Office of the 

Deputy Secretary, the Office of Congressional and Intergovernmental Relations, the Office of Public Affairs, the Office of Adjudicatory Services, the Office of Small and Disadvantaged Business 

Utilization, and the Center for Faith-Based and Neighborhood 

Partnerships; limits funds available for reception and representation; limits reprogramming among these offices; limits funds to detail individuals to these offices; and limits funds for certain positions in the Office of Budget. 

Language is included under Department of Housing and Urban 

Development, ‘Management and Administration’, ‘Administrative 

Support Offices’ that specifies funds for the Office of the Chief Financial Officer, the Office of the General Counsel, the Office of 

Field Policy and Management, the Office of Departmental Equal 

Employment Opportunity, the Office of the Chief Information Officer, and a consolidated Assistant Secretary for Administration; allows funds for the hire of passenger motor vehicles and to hire experts or consultants; requires a quarterly reports on congressional 

reports; requires congressional reports to be submitted electronically; and requires an expenditure plan for the financial transformation initiative. 

157 

Language is included under Department of Housing and Urban 

Development, ‘Management and Administration’, ‘Program Office 

Salaries and Expenses’ that specifies funds for the Office of Public 

and Indian Housing, Office of Community Planning and Development, Office of Housing, Office of Policy Development and Research, Office of Fair Housing and Equal Opportunity, and Office 

of Lead Hazard Control and Healthy Homes; specifies an amount 

for implementing provisions of the Violence Against Women Act, 

public and tribal housing inspections, hiring permanent positions 

for disaster recovery; and transfers unobligated balances from prior 

years. 

Language is included under Department of Housing and Urban 

Development, ‘Management and Administration’, ‘Working Capital 

Fund’ which specifies the shared services to be used by the Department specifies the conditions for reimbursement; and allows for an 

additional amount from salaries and expenses to be merged with 

the working capital fund. 

Language is included under Department of Housing and Urban 

Development, ‘Tenant-Based Rental Assistance’ which specifies 

funds for certain programs, activities and purposes and limits the 

use and availability of certain funds; specifies the methodology for 

allocation of renewal funding; directs the Secretary to provide renewal funding based on validated voucher system leasing and cost 

data for the prior year; directs the Secretary, to the extent necessary, to prorate each public housing agency’s (PHA) allocation; 

directs the Secretary to notify PHAs of their annual budget the 

later of 60 days after enactment of the Act or March 1, 2019; allows 

the Secretary to extend the notification period with the prior approval of the House and Senate appropriations committees; specifies the amounts available to the Secretary to allocate to PHAs that 

need additional funds and for fees; specifies the amount for additional rental subsidy due to unforeseen emergencies and portability; provides funding for public housing agencies with vouchers 

that were not in use during the previous 12 month period in order 

to be available to meet a commitment pursuant to section 8(o)(13); 

and provides funding for public housing agencies that despite taking reasonable measures, would otherwise be required to terminate 

assistance for families as a result of insufficient funding. 

Language is included under Department of Housing and Urban 

Development, ‘Tenant-Based Rental Assistance’ which provides 

funds for tenant protection vouchers; sets certain conditions for the 

Secretary to provide such vouchers; provides funds for residents of 

multi-family properties that would not otherwise have been eligible 

for tenant-protection vouchers; sets eligibility requirements for 

multi-family properties to participate in the program; requires the 

Secretary to issue guidance on requirements; sets conditions for the 

reissuance of vouchers; and allows the Secretary to use unobligated 

and recaptured funds from prior years. 

Language is included under Department of Housing and Urban 

Development, ‘Tenant-Based Rental Assistance’ which provides 

funds for administrative and other expenses of public housing 

agencies to administer the section 8 tenant-based rental assistance 

program; sets an amount to be available to PHAs that need additional funds to administer their section 8 programs, including fees 

to administer tenant protection assistance, disaster related vouchVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00157 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
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ers, Veterans Affairs Supportive Housing vouchers and other special purpose vouchers; provides for the distribution of funds; provides for a uniform percentage decrease of amounts to be allocated 

if funds are not sufficient; establishes that ‘Moving to Work’ (MTW) 

agencies be funded pursuant to their MTW agreements and in accordance with the requirements of the MTW program; provides 

funds for section 811 mainstream vouchers; provides funds for incremental HUD–VASH; provides funds for rental assistance and 

administrative costs associated with tribal veteran vouchers subject 

to certain conditions; provides funding for Family Unification Program vouchers, subject to certain conditions; provides funding for 

a mobility demonstration and specifies amounts for certain eligible 

activities and requires vouchers funded therein to be and remain 

for families with children; and requires the Secretary to track special purpose vouchers. 

Language is included under Department of Housing and Urban 

Development, ‘Housing Certificate Fund’ which rescinds prior year 

funds and allows the Secretary to use recaptures to fund projectbased contracts and contract administrators. 

Language is included under Department of Housing and Urban 

Development, ‘Public Housing Capital Fund’ which specifies the 

total amount available for certain activities; limits the availability 

of funds; limits the delegation of certain waiver authorities; specifies an amount for ongoing Public Housing Financial and Physical 

Assessment activities of the Real Estate Assessment Center, pilot 

a new physical inspection process, and implement recommendations made in the March 2019 GAO report ‘‘Real Estate Inspection 

Center: HUD Should Improve Physical Inspection Process and 

Oversight of Inspectors’’ (GAO–19–254); specifies an amount for judicial receiverships, specifies an amount for emergency capital 

needs; specifies an amount for competitive grants to public housing 

agencies to evaluate and reduce lead-based paint hazards in public 

housing, specifies an amount for competitive grants to public housing agencies for activities authorized under the Healthy Homes Initiative; establishes a limitation on amounts that can be transferred; makes funds available for bonuses for high performing 

PHAs; and establishes requirements for the notification to public 

housing agencies of their formula allocations. 

Language is included under Department of Housing and Urban 

Development, ‘Public Housing Operating Fund’ which specifies the 

total amount available for certain activities; and modifies the period of availability. 

Language is included under Department of Housing and Urban 

Development, ‘Choice Neighborhoods Initiative’ which allows the 

Secretary to make competitive grants for neighborhood rehabilitation; changes the availability of funds; allows funds to be used for 

services, development, and housing; declares funds not for ‘‘public 

housing’’; requires a period of affordability; requires local planning 

and cost share; allows local governments, tribal entities, public 

housing authorities and non-profits to be grantees; allows for-profits to partner and apply with a public entity; requires grantees to 

partner with local organizations; establishes conditions for environmental review; requires grantees to create partnerships with other 

local organizations; requires the Secretary to consult with other 

159 

federal agencies; and allows prior year program funds and HOPE 

VI funds to be used for this program. 

Language is included under Department of Housing and Urban 

Development, ‘Self-Sufficiency Programs’ which allows the Secretary to waive or specify certain requirements, establishes entities 

eligible to compete for funding, allows the establishment of escrow 

funds, allows the use of residual receipt accounts to hire coordinators for a number of sufficiency programs, and expands eligibility 

for Family Self-Sufficiency Programs to include Project-Based Rental Assistance properties. 

Language is included under Department of Housing and Urban 

Development, ‘Native American Programs’ which provides funding 

and funding availability. Language specifies amounts and conditions for the Native American Housing Block Grants formula program, training and technical assistance, guarantee notes and obligations as defined in section 502 of the Congressional Budget Act 

of 1974, and the Indian Community Development Block Grant program. Language authorizes and appropriates funding for competitive grants through the Native American Housing Block Grant program to be awarded at the discretion of the Secretary, specifies 

considerations for the Secretary in making funding awards, establishes a maximum grant award size, and authorizes transfers of 

funds for administrative expenses. 

Language is included under Department of Housing and Urban 

Development, ‘Indian Housing Loan Guarantee Fund Program Account’ which specifies the amount and availability of funds to subsidize total loan principal, specifies how to define the costs of modifying loans, and provides a dedicated amount for administrative expenses. 

Language is included under Department of Housing and Urban 

Development, ‘Native Hawaiian Housing Block Grant’ which provides funding and funding availability. Language prevents and authorizes certain activities. 

Language is included under Department of Housing and Urban 

Development, ‘Housing Opportunities for Persons with AIDS’ which 

limits availability of funds and sets forth certain requirements for 

the allocation of funds, renewal of contracts, and grantee notification. 

Language is included under Department of Housing and Urban 

Development, ‘Community Development Fund’ which limits the use 

and availability of certain funds; specifies the allocation of certain 

funds; prohibits grant recipients from selling, trading or transferring funds; prohibits the provision of funds to for-profit entities for 

economic development projects unless certain conditions are met; 

and requires grantee notification of formula allocations within 60 

days of enactment. 

Language is included under Department of Housing and Urban 

Development, ‘Community Development Loan Guarantees Program 

Account’ which limits the principal amount of loan guarantees; directs the Secretary to collect fees from borrowers adequate to result 

in credit subsidy cost of zero; and allows the Section 108 loan guarantee program to guarantee notes or other obligations issued by 

any State on behalf of non-entitlement communities in the State. 

Language is included under Department of Housing and Urban 

Development, ‘Home Investment Partnerships Program’ which limVerDate Sep 11 2014 00:12 Jun 08, 2019 Jkt 036623 PO 00000 Frm 00159 Fmt 6659 Sfmt 6602 E:\HR\OC\HR106S1P.XXX HR106S1P
160 

its the availability of funds; specifies the allocation of certain funds 

for certain purposes; requires grantee notification within 60 days of 

enactment; and prohibits sections 218(g) and 231(b) of the Cranston-Gonzalez National Affordable Housing Act from applying with 

respect to the right of a jurisdiction to draw HOME funds that otherwise expired or would expire in 2016 through 2022, and to 

uninvested funds that otherwise were deducted or would be deducted in 2018 through 2022, respectively, and that the funds shall 

only be invested in housing to be developed, sponsored, or owned 

by community housing development organizations. 

Language is included under Department of Housing and Urban 

Development, ‘Self-help and Assisted Homeownership Opportunity 

Program’ which specifies funding amounts for certain programs, 

limits the period of availability, and specifies certain amounts for 

rural activities and organizations. 

Language is included under Department of Housing and Urban 

Development, ‘Homeless Assistance Grants’ which limits the availability of funds; specifies the allocation of certain funds for certain 

purposes; specifies matching requirements; requires the Secretary 

to establish minimum performance thresholds for projects; requires 

the Secretary to prioritize funding to grant applicants that demonstrate a capacity to reallocate funding to higher performing 

projects; requires grantees to integrate homeless programs with 

other social service providers; requires notification of formula allocations within 60 days of enactment. 

Language is included under Department of Housing and Urban 

Development, ‘Project-Based Rental Assistance’ which provides 

funds, limits the availability of funds, specifies the allocation of certain funds for certain purposes, and allows the Secretary to recapture residual receipts from certain properties. 

Language is included under Department of Housing and Urban 

Development, ‘Housing for the Elderly’ which limits the availability 

of funds; specifies the allocation of certain funds; designates certain 

funds to be used only for certain grants; allows funds to be used 

for specified inspections or inspection-related activities; allows 

funds to be used to renew certain contracts; allows the Secretary 

to waive certain provisions governing contract terms; allows excess 

funds held in residual receipts accounts, after contract termination, 

to be deposited in this account; and limits the availability and use 

of these funds. 

Language is included under Department of Housing and Urban 

Development, ‘Housing for Persons with Disabilities’ which limits 

the availability of funds; specifies the allocation of certain funds; 

allows funds to be used for inspections or inspection-related activities; allows funds to be used to renew certain contracts; allows 

funds held in residual account, after contract termination, to be deposited in this account; and limits the availability and use of these 

funds. 

Language is included under Department of Housing and Urban 

Development, ‘Housing Counseling Assistance’ that provides funds 

for described purposes, limits the availability of funds, specifies 

amounts to be used for specified purposes, requires the Secretary 

to make grants within a specified time frame, and allows multiyear 

agreements subject to the availability of annual appropriations. 

161 

Language is included under Department of Housing and Urban 

Development, ‘Rental Housing Assistance’ that provides funds for 

the cost of contract amendments; limits the availability of funds; 

and allows the Secretary to use specified unobligated balances, including recaptures, carryover and other specified remaining funds 

for specified purposes. 

Language is included under Department of Housing and Urban 

Development, ‘Payment to Manufactured Housing Fees Trust Fund’ 

that permits fees to be assessed, modified, and collected for dispute 

resolution and installation programs; permits temporary borrowing 

authority from the general fund of the Treasury; provides that general fund amounts from collections offset the appropriation so that 

the resulting appropriation is a specified amount; requires fees collected to be deposited into the Manufactured Housing Fees Trust 

Fund; allows fees to be used for necessary expenses and limits 

their availability; and allows the Secretary to use approved service 

providers. 

Language is included under the Department of Housing and 

Urban Development, ‘Mutual Mortgage Insurance Program Account’ which limits new commitments to issue guarantees, limits 

new obligations to make direct loans, specifies funds for administrative contract expenses, specifies that the Secretary may insure 

specific mortgages only under certain conditions; specifies the extent that the commitment levels allow for additional contract expenses, and limits the availability of funds. 

Language is included under Department of Housing and Urban 

Development, ‘General and Special Risk Program Account’ which 

limits new commitments to issue guarantees, limits new obligations to make direct loans, and limits the availability of funds. 

Language is included under Department of Housing and Urban 

Development, ‘Government National Mortgage Association’ which 

limits new commitments to issue guarantees, provides funds for 

salaries and expenses, allows specified receipts to be credited as 

offsetting collections, allows for additional contract expenses as 

guaranteed loan commitments exceed certain levels, and limits the 

availability of funds. 

Language is included under Department of Housing and Urban 

Development, ‘Policy Development and Research’ which limits the 

availability of funds, specifies authorized uses, allows the Secretary 

to enter into cooperative agreements under specified circumstances; 

directs the submission of a spend plan; and prohibits funding for 

a specified use. 

Language is included under Department of Housing and Urban 

Development, ‘Fair Housing and Equal Opportunity’ which provides funds for certain purposes, limits the availability of funds, requires the Secretary to make grants within a specified time frame, 

authorizes the Secretary to assess and collect fees, and provides 

funds for programs that support the assistance of persons with limited English proficiency. 

Language is included under Department of Housing and Urban 

Development, ‘Office of Lead Hazard Control and Healthy Homes’ 

which changes the period of availability of funds, specifies the 

amount of funds for specific purposes, specifies the treatment of 

certain grants, specifies a matching requirement for grants, and requires a certification of adequate capacity. 

162 

Language is included under Department of Housing and Urban 

Development, ‘Information Technology Fund’ which changes the period of availability and purpose of funds, including funds transferred, and requires a plan for expenditure. 

Language is included under Department of Housing and Urban 

Development, ‘Office of Inspector General’ which specifies the use 

of funds and directs that the IG shall have independent authority 

over all personnel issues within the office. 

Section 201 splits overpayments evenly between Treasury and 

State HFAs. 

Section 202 prohibits funds from being used to investigate or 

prosecute lawful activities under the Fair Housing Act. 

Section 203 requires any grant or cooperative agreement to be 

made on a competitive basis, unless otherwise provided, in accordance with Section 102 of the Department of Housing and Urban 

Development Reform Act of 1989. 

Section 204 relates to the availability of funds for services and 

facilities for GSEs and others subject to the Government Corporation Control Act and the Housing Act of 1950. 

Section 205 prohibits the use of funds in excess of the budget estimates, unless provided otherwise. 

Section 206 relates to the expenditure of funds for corporations 

and agencies subject to the Government Corporation Control Act. 

Section 207 requires the Secretary to provide quarterly reports 

on uncommitted, unobligated, recaptured, and excess funds in each 

departmental program and activity. 

Section 208 requires the Administration’s budget and HUD’s 

budget justifications for fiscal year 2020 be submitted in the identical account and sub-account structure provided in this Act. 

Section 209 exempts GNMA from certain requirements of the 

Federal Credit Reform Act of 1990. 

Section 210 authorizes HUD to transfer debt and use agreements 

from an obsolete project to a viable project, provided that no additional costs are incurred and other conditions are met. 

Section 211 sets forth requirements for Section 8 voucher assistance eligibility, and includes consideration for persons with disabilities. 

Section 212 distributes Native American Housing Block Grants 

to the same Native Alaskan recipients as in fiscal year 2005. 

Section 213 instructs HUD on managing and disposing of any 

multifamily property that is owned or held by HUD. 

Section 214 allows PHAs that own and operate 400 or fewer 

units of public housing to be exempt from asset management requirements. 

Section 215 restricts the Secretary from imposing any requirements or guidelines relating to asset management that restrict or 

limit the use of capital funds for central office costs, up to the limit 

established in QHWRA. 

Section 216 requires that no employee of the Department shall 

be designated as an allotment holder unless the CFO determines 

that such employee has received certain training. 

Section 217 requires the Secretary to publish all notices of funding availability that are competitively awarded on the internet for 

fiscal year 2019. 

163 

Section 218 requires attorney fees for programmatic litigation to 

be paid from the individual program office and Office of General 

Counsel salaries and expenses appropriations, and requires the Department to submit a spend plan to the House and Senate Committees on Appropriations. 

Section 219 allows the Secretary to transfer up to 10 percent of funds or $5,000,000, whichever is less, appropriated under the 

headings ‘Administrative Support Offices’ or ‘Program Office Salaries and Expenses’ to any other office funded under such headings. 

Section 220 requires HUD to take certain actions against owners 

receiving rental subsidies that do not maintain safe properties. 

Section 221 places a salary and bonus limit on public housing 

agency officials and employees. 

Section 222 requires the Secretary to notify the House and Senate Committees on Appropriations at least 3 full business days before grant awards are announced. 

Section 223 prohibits funds to be used to require or enforce the 

Physical Needs Assessment (PNA). 

Section 224 prohibits funds for HUD financing of mortgages for 

properties that have been subject to eminent domain. 

Section 225 prohibits the use of funds to terminate the status of 

a unit of general local government as a metropolitan city with respect to grants under section 106 of the Housing and Community 

Development Act of 1974. 

Section 226 allows funding for research, evaluation, and statistical purposes that is unexpended at the time of completion of the 

contract, grant, or cooperative agreement to be reobligated for additional research. 

Section 227 authorizes the Secretary on a limited basis to use 

funds available under the ‘Homeless Assistance Grants’ heading to 

participate in the multiagency Performance Partnership Pilots program. 

Section 228 allows program income as an eligible match for 2016, 

2017, 2018, and 2019 Continuum of Care funds. 

Section 229 permits HUD to provide one year transition grants 

under the continuum of care program with no more than 50 percent of the grant provided for costs of eligible activities of the program component originally funded. 

Section 230 prohibits the use of funds to direct a grantee to undertake specific changes to existing zoning laws as part of carrying 

out the final rule entitled, ‘‘Affirmatively Furthering Fair Housing’’ 

or the notice entitled, ‘‘Affirmatively Further Fair Housing Assessment Tool’’. 

Section 231 establishes the HUD HAG fund, specifies authorized 

uses and specifies conditions for transfers into the fund. 

Section 232 maintains current Promise Zone designations and 

agreements. 

Section 233 prohibits funds from being used to establish review 

criteria, including rating factors or preference points, for competitive grants programs for EnVision Center participation or coordination. 

Section 234 prohibits funds from being used to implement, administer, enforce, or in any way make effective the proposed rule 

entitled ‘‘Housing and Community Development Act of 1980: 

Verification of Eligible Status’’, issued by the Department on May 

164 

10, 2019 (Docket No. FR–6124–P–01), or any final rule based substantively on such proposed rule. 

Section 235 requires the Department to make data for broadband 

and resiliency requirements to be incorporated into Consolidated 

Plans available to grantees not later than 90 days after enactment 

of this Act and requires grantees to incorporate broadband and resiliency components into their Consolidated Plans not later than 

270 days from enactment of this Act. 

Section 236 prohibits the use of funds to repeal or revise the 

‘‘Equal Access in Accordance With an Individual’s Gender Identity 

in Community Planning and Development Programs’’ (81 Fed. Reg. 

64763) or the ‘‘Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity’’ (77 Fed. Reg. 5662) 

rules. 

Section 237 gives the HUD notice entitled ‘‘Appropriate Placement for Transgender Persons in Single-Sex Emergency Shelters 

and Other Facilities’’ (Notice CPD–15–02) the force and effect of 

law. 

Section 238 prohibits the Secretary, in this fiscal year or any fiscal year thereafter, to implement, require, enforce, or otherwise 

make effective any change, amendment, or alteration to any term 

or condition of the Annual Contributions Contract between the Secretary and any public housing agency, as such contract was in effect as of January 1, 2018, unless such change, amendment, or alteration is made pursuant to a rule issued after notice and an opportunity for public comment and in accordance with the procedure 

under section 553 of title 5, United States Code. 

TITLE III—RELATED AGENCIES 

Language is included for the Access Board, ‘Salaries and Expenses’ that limits funds for necessary expenses and allows for the 

credit to the appropriation of funds received for publications and 

training expenses. 

Language is included for the Federal Maritime Commission, ‘Salaries and Expenses’ that provides funds for services authorized by 

5 U.S.C. 3109, the hire of passenger motor vehicles, uniforms and 

allowances; and limits funds for official reception and representation expenses. 

Language is included for the National Railroad Passenger Corporation, Office of Inspector General (OIG), ‘Salaries and Expenses’ 

which provides funds for an independent, objective unit responsible 

for detecting and preventing fraud, waste, abuse, and violations of 

law. Language allows the OIG to enter into contracts; allows the 

OIG to select, appoint, or employ officers and employees to carry 

out its functions; and requires the OIG to submit its budget request 

concurrently with the President’s budget and in a similar format. 

Language is included under National Transportation Safety 

Board, ‘Salaries and Expenses’ that provides funds for hire of passenger motor vehicles and aircraft, services authorized by 5 U.S.C. 

3109, uniforms or allowances therefore, limits funds for official reception and representation expenses and allows funds to be used 

to pay for costs associated with a capital lease. 

Language is included in the Neighborhood Reinvestment Corporation (NRC), ‘Payment to the Neighborhood Reinvestment Corporation’ that specifies the allocation of funds. 

165 

Language is included under Surface Transportation Board, ‘Salaries and Expenses’ which provides funds, allows the collection of a 

specified level of fees established by the Chairman of the Surface 

Transportation Board, and provides that the sum appropriated 

from the general fund of the Treasury shall be reduced on a dollarfor-dollar basis as such fees are received. 

Language is included under the United States Interagency Council on Homelessness, ‘Operating Expenses’ that provides funds to 

carry out functions pursuant to title II of the McKinney-Vento 

Homeless Assistance Act. 

TITLE IV—GENERAL PROVISIONS, THIS ACT 

Section 401 prohibits the use of funds 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. 

Section 402 prohibits the obligation of funds beyond the current 

fiscal year and the transfer of funds to other appropriations, unless 

expressly provided. 

Section 403 limits consulting service expenditures through procurement contracts to those contracts contained in the public 

record, except where otherwise provided under existing law. 

Section 404 prohibits funds from being used for certain types of 

employee training. 

Section 405 specifies requirements for the reprogramming of 

funds and requires agencies to submit a report in order to establish 

the baseline for the application of reprogramming and transfer authorities. 

Section 406 provides that not to exceed fifty percent of unobligated balances for salaries and expenses may remain available 

until September 30, 2020, for each account for the purposes authorized, subject to the approval of the House and Senate Committees 

on Appropriations. 

Section 407 prohibits the use of funds for any project that seeks 

to use the power of eminent domain, unless eminent domain is employed only for a public use. 

Section 408 prohibits funds from being transferred to any department, agency, or instrumentality of the U.S. Government, except 

where transfer authority is provided in this or any other appropriations Act. 

Section 409 prohibits funds from being used to permanently replace an employee intent on returning to his or her past occupation 

following completion of military service. 

Section 410 prohibits funds from being used by an entity unless 

the expenditure is in compliance with the Buy American Act. 

Section 411 prohibits funds from being made available to any 

person or entity that has been convicted of violating the Buy American Act. 

Section 412 prohibits funds from being used for first-class airline 

accommodations in contravention of sections 301–10.122 and 301– 

10.123 of title 41 CFR. 

Section 413 prohibits funds from being used for the approval of 

a new foreign air carrier permit or exemption application if that 

approval would contravene United States law or Article 17 bis of 

the U.S.-E.U.-Iceland-Norway Air Transport Agreement. 

166 

Section 414 restricts the number of employees that agencies may 

send to international conferences unless such attendance is important to the national interest. 

Section 415 caps the amount of fees the Surface Transportation 

Board can charge or collect for rate or practice complaints filed at 

the amount authorized for district court civil suit filing fees. 

Section 416 prohibits the use of funds to purchase or lease new 

light-duty vehicles for any executive fleet, except in accordance 

with Presidential Memorandum-Federal Fleet Performance, dated 

May 24, 2011. 

Section 417 prohibits funds from being used to maintain or establish computer networks unless such networks block the viewing, 

downloading, or exchange of pornography. 

Section 418 prohibits funds from being used to deny an Inspector 

General timely access to any records, documents, or other materials 

available to the department or agency over which that Inspector 

General has responsibilities, or to prevent or impede that Inspector 

General’s access to such records, documents, or other materials. 

Section 419 prohibits funds from being used to pay award or incentive payments to contractors who fail to meet certain requirements. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the 

House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law for 

the period concerned: 

APPROPRIATIONS NOT AUTHORIZED BY LAW AND EXPIRING AUTHORIZATIONS 

[Dollars in Thousands] 

Program Last year of 

authorization 

Authorization 

level 

Appropriations 

in last year of 

authorization 

Appropriations 

in this bill 

Title I—Department of Transportation 

Office of the Secretary: 

National Infrastructure Investments ........................... N/A not applicable not applicable $1,000,000 

Payments to Air Carriers ............................................. 2018 $150,000 $155,000 $175,000 

Section 106 .................................................................. N/A not applicable not applicable $10,000 

Federal Highway Administration: 

Highway Infrastructure Grants .................................... N/A not applicable not applicable 1,750,000 

Federal Railroad Administration: 

Safety and Operations ................................................. 2013 293,000 169,254 226,698 

Magnetic Levitation Technology Development Program 2009 45,000 not applicable 10,000 

Federal Transit Administration: 

Transit Infrastructure Grants ....................................... N/A not applicable not applicable 750,000 

Pipeline and Hazardous Materials Safety Administration: 

Operational Expenses ................................................... 2019 23,000 23,710 23,710 

Pipeline Safety 

Pipeline Safety Fund ........................................... 2019 134,000 134,000 137,000 

Oil Spill Liability Trust Fund .............................. 2019 23,000 23,000 23,000 

Underground Natural Gas Storage Facility Safety Account ....................................................... 2019 8,000 8,000 8,000 

Title II—Department of Housing and Urban Development 

Management and Administration 1994 $1,029,496 $916,963 $1,385,432 

Rental Assistance: 

Section 8 Voucher Renewals and Administrative Expenses ..................................................................... 1994 8,446,173 5,458,106 23,810,000 

Public Housing Capital Fund ....................................... 2003 3,000,000 2,712,555 2,855,057 

Public Housing Operating Fund ................................... 2003 2,900,000 3,576,600 4,753,116 

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APPROPRIATIONS NOT AUTHORIZED BY LAW AND EXPIRING AUTHORIZATIONS—Continued 

[Dollars in Thousands] 

Program Last year of 

authorization 

Authorization 

level 

Appropriations 

in last year of 

authorization 

Appropriations 

in this bill 

Native American Housing Block Grants 2013 Such sums as 

necessary 

616,001 780,000 

Indian Housing Loan Guarantee Fund 2014 50,000 1,000 2,500 

Native Hawaiian Housing Block Grant 2005 Such sums as 

necessary 

not applicable 2,500 

Housing Opportunity for Persons with AIDS 1994 156,300 156,000 410,000 

Community Development Fund 1 1994 4,168,000 4,877,389 3,675,000 

Community Development Loan Guarantee Limitation 1994 not applicable not applicable [300,000] 

Home Investment Partnerships Program 1994 2,173,612 1,275,000 1,750,000 

Choice Neighborhoods Initiatives N/A not applicable not applicable 300,000 

Self-Help Homeownership Opportunity Program 2001 Such sums as 

necessary 

48,000 55,000 

Homeless Assistance 2011 Such sums as 

necessary 

1,901,190 2,546,000 

Housing for the Elderly 2003 Such sums as 

necessary 

783,286 803,000 

Housing for Persons with Disabilities 2015 300,000 135,000 258,510 

FHA General and Special Risk Program Account: 

Limitations on Guaranteed Loans ............................... 1995 Such sums as 

necessary 

[20,885,072] [30,000,000] 

Limitation on Direct Loans .......................................... 1995 Such sums as 

necessary 

[220,000] [1,000] 

GNMA Mortgage Backed Securities Loan Guarantee Program Account: 

Limitations on Guaranteed Loans ............................... 1996 [110,000,000] [110,000,000] [550,000,000] 

Administrative Expenses .............................................. 1996 Such sums as 

necessary 

9,101 24,400 

Policy Development and Research 1994 36,470 35,000 98,000 

Fair Housing Activities, Fair Housing Program 1994 26,000 20,481 75,300 

Lead Hazard Reduction Program 1994 250,000 150,000 290,000 

Title III—Related Agencies 

Neighborhood Reinvestment Corporation ............................. 1994 30,714 31,715 170,000 

1 Reflects amounts associated with Indian Community Development Block Grants appropriated within the Native American 

Programs account. 

PROGRAM DUPLICATIONS

Pursuant to clause 3(c)(5) of rule XIII of the Rules of the House 

of Representatives, no provision of this bill establishes or reauthorizes a program of the Federal Government known to be duplicative 

of another Federal program, a program that was included in any 

report from the Government Accountability Office to Congress pursuant to section 21 of Public Law 111–139, or a program related 

to a program identified in the most recent Catalog of Federal Domestic Assistance. 

COMPARISON WITH BUDGET RESOLUTION

Section 308(a)(1)(A) of the Congressional Budget Act of 1974 

(P.L. 93–344), as amended, requires the report accompanying a bill 

providing new budget authority to contain a statement comparing 

the levels in the bill to the suballocations submitted under section 

302(b) of the Act for the most recently agreed to concurrent resolution on the budget for the applicable fiscal year. 

168 

[In millions of dollars] 

302(b) Allocation This Bill 

Budget 

Authority Outlays Budget Authority Outlays 

Comparison of amounts in the bill with Committee 

allocations to its subcommittees: Subcommittee 

on Transportation, and Housing and Urban Development, and Related Agencies 

Discretionary .................................................... 75,771 133,300 75,771 1 133,149 

Mandatory ........................................................ 0 0 0 1 0 

1 Includes outlays from prior-year budget authority. 

Note.—The amounts in this report do not include $878,000,000 in discretionary outlays from funding provided by the Additional Supplemental Appropriations for Disaster Relief Act, 2019, that was designated as being for emergency requirements pursuant to section 251 of the 

Balanced Budget Balanced Budget and Emergency Deficit Control Act of 1985. Consistent with the Congressional Budget Act of 1974, in the 

House of Representatives such amounts do not count against the Committee’s allocation. 

FIVE-YEAR OUTLAY PROJECTIONS

In compliance with section 308(a)(1)(B) of the Congressional 

Budget Act of 1974 (P.L. 93–344), as amended, the following table 

contains five-year projections associated with the budget authority 

provided in the accompanying bill. 

[In millions of dollars] 

Outlays 

Projection of outlays associated with the recommendation: 

2020 ...................................................................... ........................ ........................ ........................ 1 49,580 

2021 ...................................................................... ........................ ........................ ........................ 40,803 

2022 ...................................................................... ........................ ........................ ........................ 17,797 

2023 ...................................................................... ........................ ........................ ........................ 8,745 

2024 and future years .......................................... ........................ ........................ ........................ 13,224 

1 Excludes outlays from prior-year budget authority. 

FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

In accordance with section 308(a)(1)(C) of the Congressional 

Budget Act of 1974 (P.L. 93–344), as amended, the Congressional 

Budget Office has provided the following estimates of new budget 

authority and outlays provided by the accompanying bill for financial assistance to State and local governments. 

[In millions of dollars] 

Budget 

Authority Outlays 

Financial assistance to State and local governments for 2020 ............................................ 41,136 1 35,098 

1 Excludes outlays from prior-year budget authority. 

COMMITTEE HEARINGS

In compliance with Sec. 103(i) of H. Res. 6 (116th Congress) the 

following hearings were used to develop the fiscal year 2020 Transportation, Housing and Urban Development, and Related Agencies 

Appropriations Bill: 

Date Title of Hearing Witnesses 

Feb. 12, 2019 ......... Oversight Hearing: The Department of 

Housing and Urban Development’s 

Management of Housing Contracts 

During the Shutdown.

Mr. Brian Montgomery, Acting Deputy Secretary, FHA Commissioner and Assistant Secretary for Housing, Department of Housing and Urban Development; Mr. Irv Dennis, Chief Financial Officer, Department of Housing and 

Urban Development. 

169 

Date Title of Hearing Witnesses 

Feb. 27, 2019 ......... Stakeholder Perspectives: Fair Housing. Ms. Claudia L. Aranda, Senior Research Associate, Director 

of Field Operations, Urban Institute; Mrs. Keenya Robertson, President & CEO, Housing Opportunities Project 

for Excellence, Inc. 

March 7, 2019 ........ Stakeholder Perspectives: Affordable 

Housing Production.

Mr. Scott Farmer, Executive Director, North Carolina Housing Finance Agency; Ms. Ellen Lurie Hoffman, Federal 

Policy Director, National Housing Trust; Mr. Anthony 

Scott, Chief Executive Officer, Durham Housing Authority. 

March 12, 2019 ...... Stakeholder Perspectives: Passenger 

Rail Development.

Mr. Stephen Gardner, Senior Executive Vice President, 

Commercial, Marketing and Strategy, Amtrak; Mr. Jason 

Orthner, Rail Division Director, North Carolina Department of Transportation; Mr. DJ Mitchell, Assistant Vice 

President, Passenger Operations, BNSF Railway. 

March 13, 2019 ...... Stakeholder Perspectives: Building Resilient Communities.Carol Haddock, Director, Houston Public Works; Laura 

Lightbody, Project Director, Flood-Prepared Communities, 

Pew Charitable Trusts; Franklin Moon, Professor, Civil 

and Environmental Engineering, Rutgers University; Jennifer Raitt, Director of Planning and Community Development, Town of Arlington, MA. 

March 26, 2019 ...... Member Day Hearing ............................. The Honorable Peter J. Visclosky (IN01); The Honorable Tom 

Malinowski (NJ07); The Honorable Max Rose (NY11); The 

Honorable Steve C. Watkins Jr. (KS02); The Honorable 

Gilbert Ray Cisneros Jr. (CA39); The Honorable Adriano 

Espaillat (NY13); The Honorable Jefferson Van Drew 

(NJ02); The Honorable Sheila Jackson Lee (TX18). 

April 3, 2019 ........... Department of Housing and Urban Development Budget Request for Fiscal 

Year 2020.

The Honorable Benjamin S. Carson, Secretary, Department 

of Housing and Urban Development. 

April 10, 2019 ......... Department of Transportation Budget 

Request for Fiscal Year 2020.

The Honorable Elaine L. Chao, Secretary, Department of 

Transportation. 

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MINORITY VIEWS 

We appreciate that the Transportation, Housing and Urban Development, and Related Agencies bill supports several programs 

and policies that are priorities for Members on both sides of the 

aisle. In addition, we commend the majority for continuing to work 

in a collaborative manner on a wide range of initiatives in this bill. 

This spirit of cooperation will enable the Committee to continue to 

improve this bill as it moves through the legislative process. 

We are pleased that the majority has included funding for several programs to improve our nation’s transportation infrastructure. These investments will help facilitate the movement of American goods, both domestically and internationally, and will improve 

the safety of the traveling public. 

We commend the majority for including funding for grant programs that will directly benefit states and local communities, including significant funding for Better Utilizing Investment to Leverage Development (BUILD), airport, highway, rail, and transit 

grants. We are particularly pleased that the majority included 

funding for port infrastructure and marine highways, which will facilitate transport of cargo domestically and internationally. 

The bill includes a provision exempting agriculture haulers from 

electronic logging device requirements. This common-sense regulatory relief will create benefits across multiple sectors of the agricultural economy. 

We appreciate that the bill allocates funds to ensure that vulnerable citizens continue to have opportunities for safe, affordable 

housing. In particular, we are pleased that the bill includes funding 

for the mobility voucher program, which helps families move to 

neighborhoods with greater economic and educational opportunities, as well as funding for vouchers for persons with disabilities. 

We object to the inclusion of provisions that prohibit the Department of Transportation from establishing uniform rules for commercial motor vehicles (Section 133); require the Department of 

Transportation to publish flawed Compliance, Safety, Accountability data on motor carrier enforcement (Section 134); and prevent the Department of Transportation from providing targeted relief to commercial motor vehicle hours of service requirements (Section 135). 

We also oppose the inclusion of a prohibition that prevents the 

Department of Transportation from finalizing or enforcing the 

Safer Affordable Fuel-Efficient Vehicles Rule or any successor rule. 

This would leave in place a rule that would drive up costs for consumers and compromise public safety. 

We have serious concerns about a provision that would limit the 

Department of Transportation’s ability to recover and reallocate 

funds from the California High Speed Rail Authority, even though 

194 

the grantee has failed to meet the terms of its grant agreement 

(Section 192). 

Our primary concern, however, is that this bill has been written 

with an unrealistic allocation and without a budget agreement that 

sets responsible caps for fiscal year 2020 discretionary spending. 

The bill’s allocation is nearly seven percent above the fiscal year 

2019 enacted level. This is an irresponsible and unsustainable 

spending increase. We look forward to working with the majority 

to modify this bill once a responsible top line budget agreement is 

enacted for fiscal year 2020. 

KAY GRANGER. 

MARIO DIAZ-BALART. 

Æ