II 

Calendar No. 185 

115TH CONGRESS 

1ST SESSION S. 1655 

[Report No. 115–138] 

Making appropriations for the Departments of Transportation, and Housing 

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

September 30, 2018, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2017 

Ms. COLLINS, from the Committee on Appropriations, reported the following 

original bill; which was read twice and placed on the calendar 

A BILL 

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

2018, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 
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1 Development, and related agencies for the fiscal year end2 ing September 30, 2018, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

8 $112,813,000, of which not to exceed $3,001,000 shall be 

9 available for the immediate Office of the Secretary; not 

10 to exceed $1,040,000 shall be available for the immediate 

11 Office of the Deputy Secretary; not to exceed $20,555,000 

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

13 not to exceed $10,331,000 shall be available for the Office 

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $14,019,000 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

17 exceed $2,546,000 shall be available for the Office of the 

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $29,356,000 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $2,142,000 shall be available for the Office of Public Af22 fairs; not to exceed $1,760,000 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $11,318,000 shall be available for the Office of Intel25 ligence, Security, and Emergency Response; and not to ex-
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1 ceed $16,745,000 shall be available for the Office of the 

2 Chief Information Officer: Provided, That the Secretary 

3 of Transportation is authorized to transfer funds appro4 priated for any office of the Office of the Secretary to any 

5 other office of the Office of the Secretary: Provided fur6 ther, That no appropriation for any office shall be in7 creased or decreased by more than 5 percent by all such 

8 transfers: Provided further, That notice of any change in 

9 funding greater than 5 percent shall be submitted for ap10 proval to the House and Senate Committees on Appropria11 tions: Provided further, That not to exceed $60,000 shall 

12 be for allocation within the Department for official recep13 tion and representation expenses as the Secretary may de14 termine: Provided further, That notwithstanding any other 

15 provision of law, excluding fees authorized in Public Law 

16 107–71, there may be credited to this appropriation up 

17 to $2,500,000 in funds received in user fees: Provided fur18 ther, That none of the funds provided in this Act shall 

19 be available for the position of Assistant Secretary for 

20 Public Affairs. 

21 RESEARCH AND TECHNOLOGY

22 For necessary expenses related to the Office of the 

23 Assistant Secretary for Research and Technology, 

24 $8,465,000, of which $2,618,000 shall remain available 

25 until September 30, 2021: Provided, That there may be 
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1 credited to this appropriation, to be available until ex2 pended, funds received from States, counties, municipali3 ties, other public authorities, and private sources for ex4 penses incurred for training: Provided further, That any 

5 reference in law, regulation, judicial proceedings, or else6 where to the Research and Innovative Technology Admin7 istration shall continue to be deemed to be a reference to 

8 the Office of the Assistant Secretary for Research and 

9 Technology of the Department of Transportation. 

10 NATIONAL INFRASTRUCTURE INVESTMENTS

11 For capital investments in surface transportation in12 frastructure, $550,000,000, to remain available through 

13 September 30, 2020: Provided, That the Secretary of 

14 Transportation shall distribute funds provided under this 

15 heading as discretionary grants to be awarded to a State, 

16 local government, transit agency, or a collaboration among 

17 such entities on a competitive basis for projects that will 

18 have a significant local or regional impact: Provided fur19 ther, That projects eligible for funding provided under this 

20 heading shall include, but not be limited to, highway or 

21 bridge projects eligible under title 23, United States Code; 

22 public transportation projects eligible under chapter 53 of 

23 title 49, United States Code; passenger and freight rail 

24 transportation projects; and port infrastructure invest25 ments (including inland port infrastructure and land ports 
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1 of entry): Provided further, That the Secretary may use 

2 up to 20 percent of the funds made available under this 

3 heading for the purpose of paying the subsidy and admin4 istrative costs of projects eligible for Federal credit assist5 ance under chapter 6 of title 23, United States Code, if 

6 the Secretary finds that such use of the funds would ad7 vance the purposes of this paragraph: Provided further, 

8 That in distributing funds provided under this heading, 

9 the Secretary shall take such measures so as to ensure 

10 an equitable geographic distribution of funds, an appro11 priate balance in addressing the needs of urban and rural 

12 areas, and the investment in a variety of transportation 

13 modes: Provided further, That a grant funded under this 

14 heading shall be not less than $5,000,000 and not greater 

15 than $25,000,000: Provided further, That not more than 

16 5 percent of the funds made available under this heading 

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

18 further, That the Federal share of the costs for which an 

19 expenditure is made under this heading shall be, at the 

20 option of the recipient, up to 80 percent: Provided further, 

21 That the Secretary shall give priority to projects that re22 quire a contribution of Federal funds in order to complete 

23 an overall financing package: Provided further, That not 

24 less than 30 percent of the funds provided under this 

25 heading shall be for projects located in rural areas: Pro-
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1 vided further, That for projects located in rural areas, the 

2 minimum grant size shall be $1,000,000 and the Secretary 

3 may increase the Federal share of costs above 80 percent: 

4 Provided further, That projects conducted using funds pro5 vided under this heading must comply with the require6 ments of subchapter IV of chapter 31 of title 40, United 

7 States Code: Provided further, That the Secretary shall 

8 conduct a new competition to select the grants and credit 

9 assistance awarded under this heading: Provided further, 

10 That the Secretary may retain up to $20,000,000 of the 

11 funds provided under this heading, and may transfer por12 tions of those funds to the Administrators of the Federal 

13 Highway Administration, the Federal Transit Administra14 tion, the Federal Railroad Administration, and the Mari15 time Administration to fund the award and oversight of 

16 grants and credit assistance made under the National In17 frastructure Investments program: Provided further, That 

18 the Secretary shall consider and award projects based sole19 ly on the selection criteria from the fiscal year 2016 Notice 

20 of Funding Opportunity: Provided further, That the Sec21 retary shall not use the Federal share as a selection cri22 teria in awarding projects: Provided further, That the Sec23 retary shall issue the Notice of Funding Opportunity 

24 under the previous proviso no later than 45 days after en25 actment of this Act: Provided further, That the Notice of 
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1 Funding Opportunity shall require application submis2 sions 60 days after the publishing of such Notice: Provided 

3 further, That of the applications submitted under the pre4 vious two provisos, the Secretary shall make grants no 

5 later than 225 days after enactment of this Act in such 

6 amounts that the Secretary determines. 

7 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

8 FINANCE BUREAU

9 For necessary expenses for the administration of the 

10 National Surface Transportation and Innovative Finance 

11 Bureau (the Bureau) within the Office of the Secretary 

12 of Transportation, $3,000,000, to remain available until 

13 expended: Provided, That the Secretary of Transportation 

14 shall use such amount for the necessary expenses to fulfill 

15 the responsibilities of the Bureau, as detailed in section 

16 9001 of the Fixing America’s Surface Transportation 

17 (FAST) Act (Public Law 114–94) (49 U.S.C. 116): Pro18 vided further, That the Secretary is required to receive the 

19 advance approval of the House and Senate Committees on 

20 Appropriations prior to exercising the authorities of 49 

21 U.S.C. 116(h): Provided further, That the program be 

22 available to other Federal agencies, States, municipalities 

23 and project sponsors seeking Federal transportation ex24 pertise in obtaining financing. 
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1 FINANCIAL MANAGEMENT CAPITAL

2 For necessary expenses for upgrading and enhancing 

3 the Department of Transportation’s financial systems and 

4 re-engineering business processes, $3,000,000, to remain 

5 available through September 30, 2019. 

6 CYBER SECURITY INITIATIVES

7 For necessary expenses for cyber security initiatives, 

8 including necessary upgrades to wide area network and 

9 information technology infrastructure, improvement of 

10 network perimeter controls and identity management, 

11 testing and assessment of information technology against 

12 business, security, and other requirements, implementa13 tion of Federal cyber security initiatives and information 

14 infrastructure enhancements, and implementation of en15 hanced security controls on network devices, $15,000,000, 

16 to remain available through September 30, 2019. 

17 OFFICE OF CIVIL RIGHTS

18 For necessary expenses of the Office of Civil Rights, 

19 $9,500,000. 

20 TRANSPORTATION PLANNING, RESEARCH, AND

21 DEVELOPMENT

22 For necessary expenses for conducting transportation 

23 planning, research, systems development, development ac24 tivities, and making grants, to remain available until ex25 pended, $8,500,000: Provided, That of such amount, 
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1 $1,500,000 shall be for necessary expenses of the Inter2 agency Infrastructure Permitting Improvement Center 

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

4 to this appropriation, to remain available until expended, 

5 amounts from other Federal agencies for expenses in6 curred under this heading for IIPIC activities not related 

7 to transportation infrastructure: Provided further, That 

8 the tools and analysis developed by the IIPIC shall be 

9 available to other Federal agencies for the permitting and 

10 review of major infrastructure projects not related to 

11 transportation only to the extent that other Federal agen12 cies provide funding to the Department as provided for 

13 under the previous proviso. 

14 WORKING CAPITAL FUND

15 For necessary expenses for operating costs and cap16 ital outlays of the Working Capital Fund, not to exceed 

17 $202,245,000, shall be paid from appropriations made 

18 available to the Department of Transportation: Provided, 

19 That such services shall be provided on a competitive basis 

20 to entities within the Department of Transportation: Pro21 vided further, That the above limitation on operating ex22 penses shall not apply to non-DOT entities: Provided fur23 ther, That no funds appropriated in this Act to an agency 

24 of the Department shall be transferred to the Working 

25 Capital Fund without majority approval of the Working 
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1 Capital Fund Steering Committee and approval of the 

2 Secretary: Provided further, That no assessments may be 

3 levied against any program, budget activity, subactivity or 

4 project funded by this Act unless notice of such assess5 ments and the basis therefor are presented to the House 

6 and Senate Committees on Appropriations and are ap7 proved by such Committees. 

8 MINORITY BUSINESS RESOURCE CENTER PROGRAM

9 For the cost of guaranteed loans, $339,000, as au10 thorized by 49 U.S.C. 332: Provided, That such costs, in11 cluding the cost of modifying such loans, shall be as de12 fined in section 502 of the Congressional Budget Act of 

13 1974: Provided further, That these funds are available to 

14 subsidize total loan principal, any part of which is to be 

15 guaranteed, not to exceed $18,367,000. 

16 In addition, for administrative expenses to carry out 

17 the guaranteed loan program, $602,000. 

18 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

19 OUTREACH

20 For necessary expenses for small and disadvantaged 

21 business utilization and outreach activities, $4,646,000, to 

22 remain available until September 30, 2019: Provided, 

23 That notwithstanding 49 U.S.C. 332, these funds may be 

24 used for business opportunities related to any mode of 

25 transportation. 
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1 PAYMENTS TO AIR CARRIERS

2 (AIRPORT AND AIRWAY TRUST FUND)

3 In addition to funds made available from any other 

4 source to carry out the essential air service program under 

5 49 U.S.C. 41731 through 41742, $155,000,000, to be de6 rived from the Airport and Airway Trust Fund, to remain 

7 available until expended: Provided, That in determining 

8 between or among carriers competing to provide service 

9 to a community, the Secretary may consider the relative 

10 subsidy requirements of the carriers: Provided further, 

11 That basic essential air service minimum requirements 

12 shall not include the 15-passenger capacity requirement 

13 under subsection 41732(b)(3) of title 49, United States 

14 Code: Provided further, That none of the funds in this Act 

15 or any other Act shall be used to enter into a new contract 

16 with a community located less than 40 miles from the 

17 nearest small hub airport before the Secretary has nego18 tiated with the community over a local cost share: Pro19 vided further, That amounts authorized to be distributed 

20 for the essential air service program under subsection 

21 41742(b) of title 49, United States Code, shall be made 

22 available immediately from amounts otherwise provided to 

23 the Administrator of the Federal Aviation Administration: 

24 Provided further, That the Administrator may reimburse 
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1 such amounts from fees credited to the account estab2 lished under section 45303 of title 49, United States Code. 

3 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

4 SECRETARY OF TRANSPORTATION

5 SEC. 101. None of the funds made available in this 

6 Act to the Department of Transportation may be obligated 

7 for the Office of the Secretary of Transportation to ap8 prove assessments or reimbursable agreements pertaining 

9 to funds appropriated to the modal administrations in this 

10 Act, except for activities underway on the date of enact11 ment of this Act, unless such assessments or agreements 

12 have completed the normal reprogramming process for 

13 Congressional notification. 

14 SEC. 102. In addition to authority provided by section 

15 327 of title 49, United States Code, the Department’s 

16 Working Capital Fund is hereby authorized to provide 

17 partial or full payments in advance and accept subsequent 

18 reimbursements from all Federal agencies from available 

19 funds for transit benefit distribution services that are nec20 essary to carry out the Federal transit pass transportation 

21 fringe benefit program under Executive Order 13150 and 

22 section 3049 of Public Law 109–59: Provided, That the 

23 Department shall maintain a reasonable operating reserve 

24 in the Working Capital Fund, to be expended in advance 

25 to provide uninterrupted transit benefits to Government 
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1 employees: Provided further, That such reserve will not ex2 ceed one month of benefits payable and may be used only 

3 for the purpose of providing for the continuation of transit 

4 benefits: Provided further, That the Working Capital Fund 

5 will be fully reimbursed by each customer agency from 

6 available funds for the actual cost of the transit benefit. 

7 SEC. 103. The Secretary shall post on the Web site 

8 of the Department of Transportation a schedule of all 

9 meetings of the Council on Credit and Finance, including 

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

11 Credit and Finance to record the decisions and actions 

12 of each meeting. 

13 SEC. 104. Hereafter, the Secretary may transfer to 

14 the National Surface Transportation and Innovative Fi15 nance Bureau, for the purposes of the Bureau, funds allo16 cated to the administrative costs of processing applications 

17 for the programs referred to in 49 U.S.C. 116(d)(1) and 

18 funds allocated to any office or office function that the 

19 Secretary determines has duties, responsibilities, re20 sources, or expertise that support the purposes of the Bu21 reau: Provided, That any such funds, or portions thereof, 

22 transferred to the Bureau may be transferred back to and 

23 merged with the original account. 
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1 SEC. 105. Section 503(l)(4) of the Railroad Revital2 ization and Regulatory Reform Act of 1976 (45 U.S.C. 

3 823(l)(4)) is amended— 

4 (1) by striking the heading ‘‘Safety and Oper5 ations Account’’ and inserting the heading ‘‘National 

6 Surface Transportation and Innovative Finance Bu7 reau Account, Office of the Secretary’’; and 

8 (2) in subparagraph (A) by striking ‘‘the Safety 

9 and Operations Account of the Federal Railroad Ad10 ministration’’ and inserting ‘‘the National Surface 

11 Transportation and Innovative Finance Bureau Ac12 count’’. 

13 SEC. 106. The suspension of the comment period im14 posed by the Department of Transportation on its Request 

15 for Information titled ‘‘Exploring Industry Practices on 

16 Distribution and Display of Airline Fare, Schedule and 

17 Availability Information’’ is hereby lifted, and the Depart18 ment shall accept additional public comment for 30 days 

19 after the date of enactment of this Act. 

20 FEDERAL AVIATION ADMINISTRATION

21 OPERATIONS

22 (AIRPORT AND AIRWAY TRUST FUND)

23 For necessary expenses of the Federal Aviation Ad24 ministration, not otherwise provided for, including oper25 ations and research activities related to commercial space 
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1 transportation, administrative expenses for research and 

2 development, establishment of air navigation facilities, the 

3 operation (including leasing) and maintenance of aircraft, 

4 subsidizing the cost of aeronautical charts and maps sold 

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

6 vehicles for replacement only, in addition to amounts made 

7 available by Public Law 112–95, $10,186,000,000, to re8 main available until September 30, 2019, of which 

9 $8,947,000,000 shall be derived from the Airport and Air10 way Trust Fund, of which not to exceed $7,692,032,000 

11 shall be available for air traffic organization activities; not 

12 to exceed $1,310,000,000 shall be available for aviation 

13 safety activities; not to exceed $21,587,000 shall be avail14 able for commercial space transportation activities; not to 

15 exceed $777,506,000 shall be available for finance and 

16 management activities; not to exceed $60,000,000 shall be 

17 available for NextGen and operations planning activities; 

18 not to exceed $112,622,000 shall be available for security 

19 and hazardous materials safety; and not to exceed 

20 $212,253,000 shall be available for staff offices: Provided, 

21 That not to exceed 5 percent of any budget activity, except 

22 for aviation safety budget activity, may be transferred to 

23 any budget activity under this heading: Provided further, 

24 That no transfer may increase or decrease any appropria25 tion by more than 5 percent: Provided further, That any 
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1 transfer in excess of 5 percent shall be treated as a re2 programming of funds under section 405 of this Act and 

3 shall not be available for obligation or expenditure except 

4 in compliance with the procedures set forth in that section: 

5 Provided further, That not later than March 31 of each 

6 fiscal year hereafter, the Administrator of the Federal 

7 Aviation Administration shall transmit to Congress an an8 nual update to the report submitted to Congress in De9 cember 2004 pursuant to section 221 of Public Law 108– 

10 176: Provided further, That the amount herein appro11 priated shall be reduced by $100,000 for each day after 

12 March 31 that such report has not been submitted to the 

13 Congress: Provided further, That not later than March 31 

14 of each fiscal year hereafter, the Administrator shall 

15 transmit to Congress a companion report that describes 

16 a comprehensive strategy for staffing, hiring, and training 

17 flight standards and aircraft certification staff in a format 

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

19 including stated attrition estimates and numerical hiring 

20 goals by fiscal year: Provided further, That the amount 

21 herein appropriated shall be reduced by $100,000 per day 

22 for each day after March 31 that such report has not been 

23 submitted to Congress: Provided further, That funds may 

24 be used to enter into a grant agreement with a nonprofit 

25 standard-setting organization to assist in the development 
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1 of aviation safety standards: Provided further, That none 

2 of the funds in this Act shall be available for new appli3 cants for the second career training program: Provided 

4 further, That none of the funds made available in this Act 

5 or any other Act shall be used to transfer authority to 

6 modify air traffic procedures for airport arrivals and de7 partures: Provided further, That none of the funds in this 

8 Act shall be available for the Federal Aviation Administra9 tion to finalize or implement any regulation that would 

10 promulgate new aviation user fees not specifically author11 ized by law after the date of the enactment of this Act: 

12 Provided further, That there may be credited to this ap13 propriation, as offsetting collections, funds received from 

14 States, counties, municipalities, foreign authorities, other 

15 public authorities, and private sources for expenses in16 curred in the provision of agency services, including re17 ceipts for the maintenance and operation of air navigation 

18 facilities, and for issuance, renewal or modification of cer19 tificates, including airman, aircraft, and repair station cer20 tificates, or for tests related thereto, or for processing 

21 major repair or alteration forms: Provided further, That 

22 of the funds appropriated under this heading, not less 

23 than $162,000,000 shall be used to fund direct operations 

24 of the current 253 air traffic control towers in the contract 

25 tower program, including the contract tower cost share 
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1 program, and any airport that is currently qualified or 

2 that will qualify for the program during the fiscal year: 

3 Provided further, That none of the funds in this Act for 

4 aeronautical charting and cartography are available for ac5 tivities conducted by, or coordinated through, the Working 

6 Capital Fund: Provided further, That none of the funds 

7 appropriated or otherwise made available by this Act or 

8 any other Act may be used to eliminate the Contract 

9 Weather Observers program at any airport. 

10 FACILITIES AND EQUIPMENT

11 (AIRPORT AND AIRWAY TRUST FUND)

12 For necessary expenses, not otherwise provided for, 

13 for acquisition, establishment, technical support services, 

14 improvement by contract or purchase, and hire of national 

15 airspace systems and experimental facilities and equip16 ment, as authorized under part A of subtitle VII of title 

17 49, United States Code, including initial acquisition of 

18 necessary sites by lease or grant; engineering and service 

19 testing, including construction of test facilities and acqui20 sition of necessary sites by lease or grant; construction 

21 and furnishing of quarters and related accommodations 

22 for officers and employees of the Federal Aviation Admin23 istration stationed at remote localities where such accom24 modations are not available; and the purchase, lease, or 

25 transfer of aircraft from funds available under this head-
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1 ing, including aircraft for aviation regulation and certifi2 cation; to be derived from the Airport and Airway Trust 

3 Fund, $3,005,000,000, of which $498,000,000 shall re4 main available until September 30, 2019, $2,392,000,000 

5 shall remain available until September 30, 2020, and 

6 $115,000,000 shall remain available until expended: Pro7 vided, That there may be credited to this appropriation 

8 funds received from States, counties, municipalities, other 

9 public authorities, and private sources, for expenses in10 curred in the establishment, improvement, and moderniza11 tion of national airspace systems: Provided further, That 

12 none of the funds made available in this Act or any other 

13 Act shall be used to plan or implement the liquidation of 

14 the FAA’s federally-owned assets, or the intellectual prop15 erty rights of the air traffic organization: Provided further, 

16 That no later than March 31, the Secretary of Transpor17 tation shall transmit to the Congress an investment plan 

18 for the Federal Aviation Administration which includes 

19 funding for each budget line item for fiscal years 2019 

20 through 2023, with total funding for each year of the plan 

21 constrained to the funding targets for those years as esti22 mated and approved by the Office of Management and 

23 Budget. 
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1 RESEARCH, ENGINEERING, AND DEVELOPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for research, engineering, and development, as authorized 

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

6 Code, including construction of experimental facilities and 

7 acquisition of necessary sites by lease or grant, 

8 $179,000,000, to be derived from the Airport and Airway 

9 Trust Fund and to remain available until September 30, 

10 2020: Provided, That there may be credited to this appro11 priation as offsetting collections, funds received from 

12 States, counties, municipalities, other public authorities, 

13 and private sources, which shall be available for expenses 

14 incurred for research, engineering, and development. 

15 GRANTS-IN-AID FOR AIRPORTS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (AIRPORT AND AIRWAY TRUST FUND)

19 (INCLUDING TRANSFER OF FUNDS)

20 For liquidation of obligations incurred for grants-in21 aid for airport planning and development, and noise com22 patibility planning and programs as authorized under sub23 chapter I of chapter 471 and subchapter I of chapter 475 

24 of title 49, United States Code, and under other law au25 thorizing such obligations; for procurement, installation, 
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1 and commissioning of runway incursion prevention devices 

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

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

4 for inspection activities and administration of airport safe5 ty programs, including those related to airport operating 

6 certificates under section 44706 of title 49, United States 

7 Code, $3,250,000,000, to be derived from the Airport and 

8 Airway Trust Fund and to remain available until ex9 pended: Provided, That none of the funds under this head10 ing shall be available for the planning or execution of pro11 grams the obligations for which are in excess of 

12 $3,600,000,000 in fiscal year 2018, notwithstanding sec13 tion 47117(g) of title 49, United States Code: Provided 

14 further, That none of the funds under this heading shall 

15 be available for the replacement of baggage conveyor sys16 tems, reconfiguration of terminal baggage areas, or other 

17 airport improvements that are necessary to install bulk ex18 plosive detection systems: Provided further, That notwith19 standing section 47109(a) of title 49, United States Code, 

20 the Government’s share of allowable project costs under 

21 paragraph (2) for subgrants or paragraph (3) of that sec22 tion shall be 95 percent for a project at other than a large 

23 or medium hub airport that is a successive phase of a 

24 multi-phased construction project for which the project 

25 sponsor received a grant in fiscal year 2011 for the con-
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1 struction project: Provided further, That notwithstanding 

2 any other provision of law, of funds limited under this 

3 heading, not more than $111,863,000 shall be available 

4 for administration, not less than $15,000,000 shall be 

5 available for the Airport Cooperative Research Program, 

6 not less than $33,210,000 shall be available for Airport 

7 Technology Research, and $10,000,000, to remain avail8 able until expended, shall be available and transferred to 

9 ‘‘Office of the Secretary, Salaries and Expenses’’ to carry 

10 out the Small Community Air Service Development Pro11 gram: Provided further, That in addition to airports eligi12 ble under section 41743 of title 49, such program may 

13 include the participation of an airport that serves a com14 munity or consortium that is not larger than a small hub 

15 airport, according to FAA hub classifications effective at 

16 the time the Office of the Secretary issues a request for 

17 proposals. 

18 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

19 ADMINISTRATION

20 SEC. 110. None of the funds in this Act may be used 

21 to compensate in excess of 600 technical staff-years under 

22 the federally funded research and development center con23 tract between the Federal Aviation Administration and the 

24 Center for Advanced Aviation Systems Development dur25 ing fiscal year 2018. 
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1 SEC. 111. None of the funds in this Act shall be used 

2 to pursue or adopt guidelines or regulations requiring air3 port sponsors to provide to the Federal Aviation Adminis4 tration without cost building construction, maintenance, 

5 utilities and expenses, or space in airport sponsor-owned 

6 buildings for services relating to air traffic control, air 

7 navigation, or weather reporting: Provided, That the pro8 hibition of funds in this section does not apply to negotia9 tions between the agency and airport sponsors to achieve 

10 agreement on ‘‘below-market’’ rates for these items or to 

11 grant assurances that require airport sponsors to provide 

12 land without cost to the Federal Aviation Administration 

13 for air traffic control facilities. 

14 SEC. 112. The Administrator of the Federal Aviation 

15 Administration may reimburse amounts made available to 

16 satisfy 49 U.S.C. 41742(a)(1) from fees credited under 

17 49 U.S.C. 45303 and any amount remaining in such ac18 count at the close of that fiscal year may be made available 

19 to satisfy section 41742(a)(1) for the subsequent fiscal 

20 year. 

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

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

23 appropriation current at the time of collection, to be 

24 merged with and available for the same purposes of such 

25 appropriation. 
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1 SEC. 114. None of the funds in this Act shall be avail2 able for paying premium pay under subsection 5546(a) of 

3 title 5, United States Code, to any Federal Aviation Ad4 ministration employee unless such employee actually per5 formed work during the time corresponding to such pre6 mium pay. 

7 SEC. 115. None of the funds in this Act may be obli8 gated or expended for an employee of the Federal Aviation 

9 Administration to purchase a store gift card or gift certifi10 cate through use of a Government-issued credit card. 

11 SEC. 116. None of the funds in this Act may be obli12 gated or expended for retention bonuses for an employee 

13 of the Federal Aviation Administration without the prior 

14 written approval of the Assistant Secretary for Adminis15 tration of the Department of Transportation. 

16 SEC. 117. Notwithstanding any other provision of 

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

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

19 to implement any limitation on the ability of any owner 

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

21 to the Administrator of the Federal Aviation Administra22 tion, a blocking of that owner’s or operator’s aircraft reg23 istration number from any display of the Federal Aviation 

24 Administration’s Aircraft Situational Display to Industry 

25 data that is made available to the public, except data made 
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1 available to a Government agency, for the noncommercial 

2 flights of that owner or operator. 

3 SEC. 118. None of the funds in this Act shall be avail4 able for salaries and expenses of more than seven political 

5 and Presidential appointees in the Federal Aviation Ad6 ministration. 

7 SEC. 119. None of the funds made available under 

8 this Act may be used to increase fees pursuant to section 

9 44721 of title 49, United States Code, until the Federal 

10 Aviation Administration provides to the House and Senate 

11 Committees on Appropriations a report that justifies all 

12 fees related to aeronautical navigation products and ex13 plains how such fees are consistent with Executive Order 

14 13642. 

15 SEC. 119A. None of the funds in this Act may be 

16 used to close a regional operations center of the Federal 

17 Aviation Administration or reduce its services unless the 

18 Administrator notifies the House and Senate Committees 

19 on Appropriations not less than 90 full business days in 

20 advance. 

21 SEC. 119B. None of the funds appropriated or lim22 ited by this Act may be used to change weight restrictions 

23 or prior permission rules at Teterboro airport in 

24 Teterboro, New Jersey. 
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1 SEC. 119C. None of the funds provided under this 

2 Act may be used by the Administrator of the Federal Avia3 tion Administration to withhold from consideration and 

4 approval any application for participation in the Contract 

5 Tower Program, or for reevaluation of Cost-share Pro6 gram participants, pending as of January 1, 2016, as long 

7 as the Federal Aviation Administration has received an 

8 application from the airport, and as long as the Adminis9 trator determines such tower is eligible using the factors 

10 set forth in the Federal Aviation Administration report, 

11 Establishment and Discontinuance Criteria for Airport 

12 Traffic Control Towers (FAA–APO–90–7 as of August, 

13 1990). 

14 SEC. 119D. The Secretary of Transportation shall 

15 apportion to the sponsor of a primary airport under sec16 tion 47114(c)(1)(A) of title 49, United States Code, an 

17 amount based on the number of passenger boardings at 

18 the airport during calendar year 2012 if the airport had— 

19 (1) fewer than 10,000 passenger boardings dur20 ing the calendar year used to calculate the appor21 tionment for fiscal year 2018; and 

22 (2) 10,000 or more passenger boardings during 

23 calendar year 2012. 

24 SEC. 119E. (a) Notwithstanding section 102(h) of 

25 the Cuban Liberty and Democratic Solidarity 
27 

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1 (LIBERTAD) Act of 1996 (22 U.S.C. 6032(h)) and sec2 tion 910(b) of the Trade Sanctions Reform and Export 

3 Enhancement Act of 2000 (22 U.S.C. 7209(b)), and ex4 cept as provided in subsection (b), none of the funds ap5 propriated or otherwise made available by this Act or by 

6 any other Act may be used to implement any law, regula7 tion, or policy that prohibits the provision of technical 

8 services otherwise permitted under an international air 

9 transportation agreement in the United States for an air10 craft of a foreign air carrier that is en route to or from 

11 Cuba based on the restrictions set forth in part 515 of 

12 title 31, Code of Federal Regulations (commonly known 

13 as the ‘‘Cuban Assets Control Regulations’’): Provided, 

14 That passengers on such aircraft engaged in a stop for 

15 non-traffic purposes as permitted under the agreement 

16 shall be exempt from part 515 of title 31, Code of Federal 

17 Regulations. 

18 (b) This section shall not apply to foreign carriers 

19 that— 

20 (1) are owned by the Government of Cuba or 

21 are based in Cuba; or 

22 (2) do not otherwise have a license to make 

23 transit stops in the United States. 

24 (c) Nothing in this section may be construed to limit 

25 the authority of the President to restrict stops for non- 
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1 traffic purposes described in subsection (a), or any trans2 action incident to such transit stops, on a case-by-case 

3 basis, if such restriction is important to the national secu4 rity of the United States. 

5 SEC. 119F. (a) Notwithstanding any other transfer 

6 restriction in this Act, the Secretary of Transportation 

7 may transfer during fiscal year 2018 an amount equal to 

8 the amount specified in subsection (c) to any appropria9 tion made available by this Act for the current fiscal year 

10 for the Federal Aviation Administration, for any activity 

11 or activities funded by that account, from the amount 

12 made available for obligation in that fiscal year as discre13 tionary grants-in-aid for airports pursuant to section 

14 47117(f) of title 49, United States Code. 

15 (b) An amount transferred under subsection (a)(1) 

16 shall— 

17 (1) be treated as a reprogramming of funds 

18 under section 405 of this Act and shall not be avail19 able for obligation unless approval is received from 

20 the Committees on Appropriations of the Senate and 

21 the House of Representatives; and 

22 (2) be deemed as obligated for grants-in-aid for 

23 airports under part B of subtitle VII of title 49, 

24 United States Code, for purposes of complying with 

25 the limitation on incurring obligations under the 
29 

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1 heading ‘‘Grants-in-Aid for Airports’’ in this or any 

2 other appropriations Act. 

3 (c) The amount specified in this subsection is the 

4 amount, not to exceed the lower of either 10 percent of 

5 funds limited by this Act under the heading ‘‘Grants-in6 Aid for Airports’’ or 10 percent of all appropriations to 

7 which the amount will be transferred, that the Secretary 

8 of Transportation determines to be necessary to prevent 

9 the furlough of Federal Aviation Administration employ10 ees or disruptions or delays to NextGen programs, projects 

11 or activities. 

12 SEC. 119G. Section 47124(b)(3)(D) of title 49, 

13 United States Code, is amended by adding at the end the 

14 following: ‘‘Airports with both Part 121 air service and 

15 more than 25,000 passenger enplanements in calendar 

16 year 2014 shall be exempt from any cost share require17 ment under the Cost-share Program.’’. 

18 SEC. 119H. Notwithstanding any other provision of 

19 law, none of the funds made available in this Act may be 

20 obligated or expended to limit the use of an Organization 

21 Designation Authorizations (ODA) documented in its pro22 cedures manual on a type certification project unless the 

23 Administrator documents a systemic airworthiness non24 compliance performance issue as a result of inspection or 

25 oversight that the safety of air commerce requires a limita-
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1 tion with regard to a specific authorization or where an 

2 ODA’s capability has not been previously established in 

3 terms of a new compliance method or design feature and 

4 in such cases FAA shall work with the ODA holder to 

5 develop the capability to execute that function safely and 

6 efficiently. 

7 SEC. 119I. Section 44701(e) of title 49, United 

8 States Code, is amended by adding at the end the fol9 lowing: 

10 ‘‘(5) MANDATORY COMPLIANCE AIRWORTHI11 NESS INSTRUCTIONS ISSUED BY FOREIGN COUN12 TRIES.— 

13 ‘‘(A) ACCEPTANCE.—The Administrator 

14 may accept mandatory compliance airworthiness 

15 instructions issued by an aeronautical safety 

16 authority of a foreign country by issuing a final 

17 rule and a request for comments, if— 

18 ‘‘(i) the country is the state of design 

19 for the product that is the subject of the 

20 instructions; 

21 ‘‘(ii) the United States has a bilateral 

22 safety agreement relating to aircraft cer23 tification with the country; 

24 ‘‘(iii) as part of the bilateral safety 

25 agreement with the country, the Adminis-
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1 trator has determined that the aero2 nautical safety authority has an aircraft 

3 certification system relating to safety that 

4 produces a level of safety equivalent to the 

5 level produced by the system of the Fed6 eral Aviation Administration; and 

7 ‘‘(iv) the aeronautical safety authority 

8 utilizes an open and transparent public no9 tice and comment process in the issuance 

10 of mandatory compliance airworthiness in11 structions. 

12 ‘‘(B) ALTERNATIVE APPROVAL PROCESS.— 

13 Notwithstanding subparagraph (A), the Admin14 istrator may issue a Federal Aviation Adminis15 tration airworthiness directive instead of accept16 ing mandatory compliance airworthiness in17 structions issued by the aeronautical safety au18 thority of a foreign country if the Administrator 

19 determines that such issuance is necessary for 

20 safety or operational reasons due to the com21 plexity or unique features of the Federal Avia22 tion Administration airworthiness directive or 

23 the United States aviation system. 

24 ‘‘(C) ALTERNATIVE MEANS OF COMPLI25 ANCE.—The Administrator may— 
32 

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1 ‘‘(i) accept an alternative means of 

2 compliance, with respect to mandatory 

3 compliance airworthiness instructions 

4 under subparagraph (A), that was ap5 proved by the aeronautical safety authority 

6 of the foreign country that issued the in7 structions; or 

8 ‘‘(ii) notwithstanding subparagraph 

9 (A), and at the request of any person af10 fected by mandatory compliance airworthi11 ness instructions under that subparagraph, 

12 the Administrator may approve an alter13 native means of compliance with respect to 

14 the instructions.’’. 

15 SEC. 119J. Section 40104 of title 49, United States 

16 Code, is amended by adding at the end the following: 

17 ‘‘(d) PROMOTION OF UNITED STATES AEROSPACE

18 STANDARDS, PRODUCTS, AND SERVICES ABROAD.—The 

19 Secretary shall take appropriate actions— 

20 ‘‘(1) to promote United States aerospace-re21 lated safety standards abroad; 

22 ‘‘(2) to facilitate and vigorously defend approv23 als of United States aerospace products and services 

24 abroad; 
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1 ‘‘(3) with respect to bilateral partners, to use 

2 bilateral safety agreements and other mechanisms to 

3 improve validation of type certificated aeronautical 

4 products and services and enhance mutual accept5 ance in order to eliminate redundancies and unnec6 essary costs; and 

7 ‘‘(4) with respect to the aeronautical safety au8 thorities of a foreign country, to streamline valida9 tion and facilitate acceptance of United States aero10 space standards, products, and services.’’. 

11 SEC. 119K. (a) IN GENERAL.—Subchapter I of chap12 ter 417 of title 49, United States Code, is amended by 

13 adding at the end the following: 

14 ‘‘§ 41725 Prohibition on certain cell phone voice com15 munications 

16 ‘‘(a) PROHIBITION.—The Secretary of Transpor17 tation shall issue regulations— 

18 ‘‘(1) to prohibit an individual on an aircraft 

19 from engaging in voice communications using a mo20 bile communications device during a flight of that 

21 aircraft in scheduled passenger interstate air trans22 portation or intrastate air transportation; and 

23 ‘‘(2) that exempt from the prohibition described 

24 in paragraph (1)— 
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1 ‘‘(A) any member of the flight crew on 

2 duty on an aircraft; and 

3 ‘‘(B) any Federal law enforcement officer 

4 acting in an official capacity. 

5 ‘‘(b) DEFINITIONS.—In this section: 

6 ‘‘(1) FLIGHT.—The term ‘flight’ means, with 

7 respect to an aircraft, the period beginning when the 

8 aircraft takes off and ending when the aircraft 

9 lands. 

10 ‘‘(2) MOBILE COMMUNICATIONS DEVICE.— 

11 ‘‘(A) IN GENERAL.—The term ‘mobile 

12 communications device’ means any portable 

13 wireless telecommunications equipment utilized 

14 for the transmission or reception of voice data. 

15 ‘‘(B) LIMITATION.—The term ‘mobile com16 munications device’ does not include a phone in17 stalled on an aircraft.’’. 

18 (b) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 417 of title 49, United States Code, is amend20 ed by inserting after the item relating to section 41724 

21 the following new item: 

‘‘41725. Prohibition on certain cell phone voice communications.’’. 

22 SEC. 119L. (a) Section 40117 of title 49, United 

23 States Code, is amended— 
35 

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1 (1) in paragraph (b)(4), by striking ‘‘$4.00 or 

2 $4.50’’ and inserting ‘‘$4.00 or any whole- or half3 dollar increment up to $8.50’’; and 

4 (2) in subsection (e), by adding a new para5 graph (3) as follows: 

6 ‘‘(3) The maximum passenger facility charge 

7 that may be collected from a passenger boarding a 

8 second flight on a one-way trip or on a trip in each 

9 direction of a round trip through an airport that im10 poses a charge may not exceed $4.50.’’. 

11 (b) Section 47114(f) of such title 49 is amended— 

12 (1) in paragraph (1)— 

13 (A) by striking ‘‘paragraph (3)’’ and in14 serting ‘‘paragraph (4)’’; 

15 (B) by striking ‘‘percent’’ and inserting 

16 ‘‘percent, but not more than 1.0 percent’’; 

17 (2) by redesignating paragraphs (2) and (3) as 

18 paragraphs (3) and (4); and 

19 (3) by inserting a new paragraph (2) as follows: 

20 ‘‘(2) LARGE HUB RULE.—Subject to paragraph 

21 (4), an amount that would be apportioned under this 

22 section (except subsection (c)(2)) in a fiscal year to 

23 the sponsor of an airport having 1.0 percent or more 

24 of the total number of boardings each year in the 

25 United States and for which a charge is imposed in 
36 

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1 the fiscal year under section 40117 of this title shall 

2 be reduced by an amount equal to 100 percent of 

3 the projected revenues from the charge in the fiscal 

4 year but not by more than 100 percent of the 

5 amount that otherwise would be apportioned under 

6 this section.’’. 

7 SEC. 119M. Unless otherwise authorized by law, none 

8 of the funds made available under this Act or any prior 

9 Act may be used to transfer any authority under 49 

10 U.S.C. 40103(b): Provided, That the prohibition of funds 

11 in this section does not apply to the Administrator enter12 ing into any contracts, leases, cooperative agreements, and 

13 other transactions (i) with State, local, or tribal govern14 ments for programs under which the Administrator pro15 vides technical assistance to and coordinates efforts with 

16 such governments; (ii) with a department, agency, or in17 strumentality of the United States Government; (iii) re18 lated to the Administration’s contract towers program, 

19 flight services program, existing non-Federally controlled 

20 towers, and other similar transfers or delegations of au21 thority that exist as of the date of this Act; (iv) related 

22 to pilot programs or studies providing unmanned aircraft 

23 system traffic management, or other programs or services 

24 surrounding such traffic management; (v) related to the 

25 provision of remote towers services; (vi) related to com-
37 

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1 mercial space transportation; and (vii) for other programs 

2 similar in nature or purposes to the above. 

3 SEC. 119N. (a) TERMINAL AERODROME FORE4 CAST.—The Administrator shall permit an air carrier op5 eration under part 121 of title 14, Code of Federal Regu6 lations, to operate to a destination determined to be under 

7 visual flight rules without a Terminal Aerodrome Forecast 

8 or Meteorological Aerodrome Report if a current Area 

9 Forecast, supplemented by other local weather observa10 tions or reports, is available, and an alternate airport that 

11 has an available Terminal Aerodome Forecast and weather 

12 report is specified. The air carrier shall have approved pro13 cedures for dispatch and enroute weather evaluation and 

14 shall operate under instrument flight rules enroute to the 

15 destination. 

16 (b) LIMITATION.—Without a written finding of neces17 sity, based on objective and historical evidence of immi18 nent threat to safety, the Administrator shall not promul19 gate any operation specification, policy, or guidance docu20 ment that is more restrictive than, or requires procedures 

21 that are not expressly stated in, the regulations. 
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1 FEDERAL HIGHWAY ADMINISTRATION

2 LIMITATION ON ADMINISTRATIVE EXPENSES

3 (HIGHWAY TRUST FUND)

4 (INCLUDING TRANSFER OF FUNDS)

5 Not to exceed $439,443,925, together with advances 

6 and reimbursements received by the Federal Highway Ad7 ministration, shall be obligated for necessary expenses for 

8 administration and operation of the Federal Highway Ad9 ministration: Provided, That in addition, not to exceed 

10 $3,248,000 shall be transferred to the Appalachian Re11 gional Commission in accordance with section 104(a) of 

12 title 23, United States Code. 

13 FEDERAL-AID HIGHWAYS

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

16 Funds available for the implementation or execution 

17 of Federal-aid highway and highway safety construction 

18 programs authorized under titles 23 and 49, United States 

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

20 Transportation Act shall not exceed total obligations of 

21 $44,234,212,000 for fiscal year 2018: Provided, That the 

22 Secretary may collect and spend fees, as authorized by 

23 title 23, United States Code, to cover the costs of services 

24 of expert firms, including counsel, in the field of municipal 

25 and project finance to assist in the underwriting and serv-
39 

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1 icing of Federal credit instruments and all or a portion 

2 of the costs to the Federal Government of servicing such 

3 credit instruments: Provided further, That such fees are 

4 available until expended to pay for such costs: Provided 

5 further, That such amounts are in addition to administra6 tive expenses that are also available for such purpose, and 

7 are not subject to any obligation limitation or the limita8 tion on administrative expenses under section 608 of title 

9 23, United States Code. 

10 (LIQUIDATION OF CONTRACT AUTHORIZATION)

11 (HIGHWAY TRUST FUND)

12 For the payment of obligations incurred in carrying 

13 out Federal-aid highway and highway safety construction 

14 programs authorized under title 23, United States Code, 

15 $44,973,212,000 derived from the Highway Trust Fund 

16 (other than the Mass Transit Account), to remain avail17 able until expended. 

18 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

19 ADMINISTRATION

20 SEC. 120. (a) For fiscal year 2018, the Secretary of 

21 Transportation shall— 

22 (1) not distribute from the obligation limitation 

23 for Federal-aid highways— 
40 

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1 (A) amounts authorized for administrative 

2 expenses and programs by section 104(a) of 

3 title 23, United States Code; and 

4 (B) amounts authorized for the Bureau of 

5 Transportation Statistics; 

6 (2) not distribute an amount from the obliga7 tion limitation for Federal-aid highways that is equal 

8 to the unobligated balance of amounts— 

9 (A) made available from the Highway 

10 Trust Fund (other than the Mass Transit Ac11 count) for Federal-aid highway and highway 

12 safety construction programs for previous fiscal 

13 years the funds for which are allocated by the 

14 Secretary (or apportioned by the Secretary 

15 under sections 202 or 204 of title 23, United 

16 States Code); and 

17 (B) for which obligation limitation was 

18 provided in a previous fiscal year; 

19 (3) determine the proportion that— 

20 (A) the obligation limitation for Federal21 aid highways, less the aggregate of amounts not 

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

23 this subsection; bears to 

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

25 appropriated for the Federal-aid highway and 
41 

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1 highway safety construction programs (other 

2 than sums authorized to be appropriated for 

3 provisions of law described in paragraphs (1) 

4 through (11) of subsection (b) and sums au5 thorized to be appropriated for section 119 of 

6 title 23, United States Code, equal to the 

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

8 such fiscal year), less the aggregate of the 

9 amounts not distributed under paragraphs (1) 

10 and (2) of this subsection; 

11 (4) distribute the obligation limitation for Fed12 eral-aid highways, less the aggregate amounts not 

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

14 of the programs (other than programs to which 

15 paragraph (1) applies) that are allocated by the Sec16 retary under the Fixing America’s Surface Trans17 portation Act and title 23, United States Code, or 

18 apportioned by the Secretary under sections 202 or 

19 204 of that title, by multiplying— 

20 (A) the proportion determined under para21 graph (3); by 

22 (B) the amounts authorized to be appro23 priated for each such program for such fiscal 

24 year; and 
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1 (5) distribute the obligation limitation for Fed2 eral-aid highways, less the aggregate amounts not 

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

4 amounts distributed under paragraph (4), for Fed5 eral-aid highway and highway safety construction 

6 programs that are apportioned by the Secretary 

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

8 amounts apportioned for the National Highway Per9 formance Program in section 119 of title 23, United 

10 States Code, that are exempt from the limitation 

11 under subsection (b)(12) and the amounts appor12 tioned under sections 202 and 204 of that title) in 

13 the proportion that— 

14 (A) amounts authorized to be appropriated 

15 for the programs that are apportioned under 

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

17 such fiscal year; bears to 

18 (B) the total of the amounts authorized to 

19 be appropriated for the programs that are ap20 portioned under title 23, United States Code, to 

21 all States for such fiscal year. 

22 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

23 The obligation limitation for Federal-aid highways shall 

24 not apply to obligations under or for— 

25 (1) section 125 of title 23, United States Code; 
43 

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1 (2) section 147 of the Surface Transportation 

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

3 Stat. 2714); 

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

5 of 1981 (95 Stat. 1701); 

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

7 Surface Transportation Assistance Act of 1982 (96 

8 Stat. 2119); 

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

10 Surface Transportation and Uniform Relocation As11 sistance Act of 1987 (101 Stat. 198); 

12 (6) sections 1103 through 1108 of the Inter13 modal Surface Transportation Efficiency Act of 

14 1991 (105 Stat. 2027); 

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

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

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

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

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

20 of those fiscal years); 

21 (9) Federal-aid highway programs for which ob22 ligation authority was made available under the 

23 Transportation Equity Act for the 21st Century 

24 (112 Stat. 107) or subsequent Acts for multiple 

25 years or to remain available until expended, but only 
44 

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1 to the extent that the obligation authority has not 

2 lapsed or been used; 

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

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

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

6 of those fiscal years); 

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

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

9 funds obligated in accordance with that section were 

10 not subject to a limitation on obligations at the time 

11 at which the funds were initially made available for 

12 obligation; and 

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

14 (but, for each of fiscal years 2013 through 2018, 

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

16 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU17 THORITY.—Notwithstanding subsection (a), the Secretary 

18 shall, after August 1 of such fiscal year— 

19 (1) revise a distribution of the obligation limita20 tion made available under subsection (a) if an 

21 amount distributed cannot be obligated during that 

22 fiscal year; and 

23 (2) redistribute sufficient amounts to those 

24 States able to obligate amounts in addition to those 

25 previously distributed during that fiscal year, giving 
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1 priority to those States having large unobligated bal2 ances of funds apportioned under sections 144 (as in 

3 effect on the day before the date of enactment of 

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

5 States Code. 

6 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

7 TRANSPORTATION RESEARCH PROGRAMS.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), the obligation limitation for Federal-aid 

10 highways shall apply to contract authority for trans11 portation research programs carried out under— 

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

13 Code; and 

14 (B) title VI of the Fixing America’s Sur15 face Transportation Act. 

16 (2) EXCEPTION.—Obligation authority made 

17 available under paragraph (1) shall— 

18 (A) remain available for a period of 4 fis19 cal years; and 

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

21 limitation imposed on obligations for Federal22 aid highway and highway safety construction 

23 programs for future fiscal years. 

24 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

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

2 the date of distribution of obligation limitation 

3 under subsection (a), the Secretary shall distribute 

4 to the States any funds (excluding funds authorized 

5 for the program under section 202 of title 23, 

6 United States Code) that— 

7 (A) are authorized to be appropriated for 

8 such fiscal year for Federal-aid highway pro9 grams; and 

10 (B) the Secretary determines will not be 

11 allocated to the States (or will not be appor12 tioned to the States under section 204 of title 

13 23, United States Code), and will not be avail14 able for obligation, for such fiscal year because 

15 of the imposition of any obligation limitation for 

16 such fiscal year. 

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

18 paragraph (1) in the same proportion as the dis19 tribution of obligation authority under subsection 

20 (a)(5). 

21 (3) AVAILABILITY.—Funds distributed to each 

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

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

24 United States Code. 
47 

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1 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re2 ceived by the Bureau of Transportation Statistics from the 

3 sale of data products, for necessary expenses incurred pur4 suant to chapter 63 of title 49, United States Code, may 

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

6 purpose of reimbursing the Bureau for such expenses: 

7 Provided, That such funds shall be subject to the obliga8 tion limitation for Federal-aid highway and highway safety 

9 construction programs. 

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

11 under his or her statutory authority, any Buy America re12 quirement for Federal-aid highways projects, the Sec13 retary of Transportation shall make an informal public no14 tice and comment opportunity on the intent to issue such 

15 waiver and the reasons therefor: Provided, That the Sec16 retary shall provide an annual report to the House and 

17 Senate Committees on Appropriations on any waivers 

18 granted under the Buy America requirements. 

19 SEC. 123. None of the funds provided in this Act to 

20 the Department of Transportation may be used to provide 

21 credit assistance unless not less than 3 days before any 

22 application approval to provide credit assistance under 

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

24 Secretary of Transportation provides notification in writ25 ing to the following committees: the House and Senate 
48 

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1 Committees on Appropriations; the Committee on Envi2 ronment and Public Works and the Committee on Bank3 ing, Housing and Urban Affairs of the Senate; and the 

4 Committee on Transportation and Infrastructure of the 

5 House of Representatives: Provided, That such notifica6 tion shall include, but not be limited to, the name of the 

7 project sponsor; a description of the project; whether cred8 it assistance will be provided as a direct loan, loan guar9 antee, or line of credit; and the amount of credit assist10 ance. 

11 SEC. 124. None of the funds in this Act may be used 

12 to make a grant for a project under section 117 of title 

13 23, United States Code, unless the Secretary, at least 60 

14 days before making a grant under that section, provides 

15 written notification to the House and Senate Committees 

16 on Appropriations of the proposed grant, including an 

17 evaluation and justification for the project and the amount 

18 of the proposed grant award: Provided, That the written 

19 notification required in the previous proviso shall be made 

20 no later than 180 days after enactment of this Act. 

21 SEC. 125. (a) A State or territory, as defined in sec22 tion 165 of title 23, United States Code, may use for any 

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

24 165 of title 23 and located within the boundary of the 

25 State or territory any earmarked amount, and any associ-
49 

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1 ated obligation limitation: Provided, That the Department 

2 of Transportation for the State or territory for which the 

3 earmarked amount was originally designated or directed 

4 notifies the Secretary of Transportation of its intent to 

5 use its authority under this section and submits a quar6 terly report to the Secretary identifying the projects to 

7 which the funding would be applied. Notwithstanding the 

8 original period of availability of funds to be obligated 

9 under this section, such funds and associated obligation 

10 limitation shall remain available for obligation for a period 

11 of 3 fiscal years after the fiscal year in which the Sec12 retary of Transportation is notified. The Federal share of 

13 the cost of a project carried out with funds made available 

14 under this section shall be the same as associated with 

15 the earmark. 

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

17 means— 

18 (1) congressionally directed spending, as de19 fined in rule XLIV of the Standing Rules of the 

20 Senate, identified in a prior law, report, or joint ex21 planatory statement, which was administered by the 

22 Federal Highway Administration; or 

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

24 XXI of the Rules of the House of Representatives 

25 identified in a prior law, report, or joint explanatory 
50 

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1 statement, which was administered by the Federal 

2 Highway Administration. 

3 (c) The authority under subsection (a) may be exer4 cised only for those projects or activities that have obli5 gated less than 10 percent of the amount made available 

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

7 and shall be applied to projects within the same general 

8 geographic area within 100 miles for which the funding 

9 was designated, except that a State or territory may apply 

10 such authority to unexpended balances of funds from 

11 projects or activities the State or territory certifies have 

12 been closed and for which payments have been made under 

13 a final voucher. 

14 (d) The Secretary shall submit consolidated reports 

15 of the information provided by the States and territories 

16 each quarter to the House and Senate Committees on Ap17 propriations. 

18 SEC. 126. Section 1105(c)(89) of Public Law 102– 

19 240, as amended, is amended to read as follows: 

20 ‘‘(89) I–57 Corridor Extension as follows: In 

21 Arkansas, the corridor shall follow United States 

22 Route 67 in North Little Rock, Arkansas, from I– 

23 40 to United States Route 412, then continuing gen24 erally northeast to the State line, and in Missouri, 

25 the corridor shall continue generally north from the 
51 

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1 Arkansas State line to Poplar Bluff, Missouri, and 

2 then follow United States Route 60 to I–57.’’. 

3 SEC. 127. Within 30 days of enactment of this Act, 

4 the Secretary shall remove from the National Highway 

5 System the 4.3-mile section of Pen ̃a Boulevard from High6 way E–470 east to the Denver International Airport. 

7 SEC. 128. Section 149(m) of title 23, United States 

8 Code, is amended by adding ‘‘or on a State-Supported 

9 Amtrak route with a valid cost-sharing agreement under 

10 section 209 of the Passenger Rail Investment and Im11 provement Act of 2008 and no current nonattainment 

12 areas under subsection (d),’’ after ‘‘2012,’’. 

13 SEC. 129. Section 1012(e) of Public Law 102–240 

14 is amended by inserting ‘‘(1)’’ before ‘‘Notwithstanding’’ 

15 and adding at the end the following: 

16 ‘‘(2) Upon the request of any State Department 

17 of Transportation that was authorized to enter into 

18 a tolling agreement under section 120(c) of Public 

19 Law 100–17 (101 STAT. 159), the Secretary is au20 thorized to modify the agreement entered into under 

21 Public Law 100–17, as follows. The Secretary shall 

22 authorize the use of excess toll revenues for any 

23 other purpose for which Federal funds may be obli24 gated under title 23, United States Code, provided 

25 the State— 
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1 ‘‘(A) certifies annually that the tolled facil2 ity is being adequately maintained; and 

3 ‘‘(B) agrees to comply with the audit re4 quirements in section 129(a)(3)(B) of title 23, 

5 United States Code. 

6 ‘‘(3) For the purposes of paragraph (2), ‘excess 

7 toll revenues’ means revenues in excess of amounts 

8 necessary for operation and maintenance; debt serv9 ice; reasonable return on investment of any private 

10 person or entity that may be authorized by the State 

11 to operate and maintain the facility; and any cost 

12 necessary for improvement, including reconstruction, 

13 resurfacing, restoration, and rehabilitation.’’. 

14 SEC. 129A. Section 127 of title 23, United States 

15 Code, is amended by adding at the end the following: 

16 ‘‘(u) VEHICLES IN NORTH DAKOTA.—A vehicle lim17 ited or prohibited under this section from operating on a 

18 segment of the Interstate System in the State of North 

19 Dakota may operate on such a segment if such vehicle— 

20 ‘‘(1) has a gross vehicle weight of 129,000 

21 pounds or less; 

22 ‘‘(2) other than gross vehicle weight, complies 

23 with the single axle, tandem axle, and bridge for24 mula limits set forth in subsection (a); and 
53 

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1 ‘‘(3) is authorized to operate on such segment 

2 under North Dakota State law.’’. 

3 SEC. 129B. Notwithstanding the vehicle weight limi4 tations set forth in section 127 of title 23, United States 

5 Code, effective June 30, 2016, with respect to Interstate 

6 Routes 89, 93, and 95 in the State of New Hampshire, 

7 a combination of truck-tractor and dump trailer equipped 

8 with 6 axles or more with a gross weight of up to 99,000 

9 pounds shall be permitted if the distances between the ex10 treme axles, excluding the steering axle, is 28 feet or more. 

11 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

12 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

13 (LIQUIDATION OF CONTRACT AUTHORIZATION)

14 (LIMITATION ON OBLIGATIONS)

15 (HIGHWAY TRUST FUND)

16 For payment of obligations incurred in the implemen17 tation, execution and administration of motor carrier safe18 ty operations and programs pursuant to section 31110 of 

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

20 America’s Surface Transportation Act, $283,000,000, to 

21 be derived from the Highway Trust Fund (other than the 

22 Mass Transit Account), together with advances and reim23 bursements received by the Federal Motor Carrier Safety 

24 Administration, the sum of which shall remain available 

25 until expended: Provided, That funds available for imple-
54 

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1 mentation, execution or administration of motor carrier 

2 safety operations and programs authorized under title 49, 

3 United States Code, shall not exceed total obligations of 

4 $283,000,000 for ‘‘Motor Carrier Safety Operations and 

5 Programs’’ for fiscal year 2018, of which $9,073,000, to 

6 remain available for obligation until September 30, 2020, 

7 is for the research and technology program, and of which 

8 $34,824,000, to remain available for obligation until Sep9 tember 30, 2020, is for information management. 

10 (RESCISSION)

11 (HIGHWAY TRUST FUND)

12 Of the unobligated balances of funds provided in the 

13 Transportation Equity Act for the 21st Century (Public 

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

15 other appropriation or authorization acts prior to fiscal 

16 year 2017 for motor carrier safety operations and pro17 grams, $13,914,757 is hereby permanently rescinded. 

18 MOTOR CARRIER SAFETY

19 (RESCISSION)

20 (HIGHWAY TRUST FUND)

21 Of the unobligated balances of funds provided in the 

22 Transportation Equity Act for the 21st Century (Public 

23 Law 105–178) or other appropriation or authorization 

24 acts prior to fiscal year 2017 for the motor carrier safety 

25 program, $2,929,772 is hereby permanently rescinded. 
55 

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1 NATIONAL MOTOR CARRIER SAFETY

2 (RESCISSION)

3 (HIGHWAY TRUST FUND)

4 Of the unobligated balances of funds provided in the 

5 Transportation Equity Act for the 21st Century (Public 

6 Law 105–178) or other appropriation or authorization 

7 acts prior to fiscal year 2017 for the national motor car8 rier safety program, $9,419,390 is hereby permanently re9 scinded. 

10 MOTOR CARRIER SAFETY GRANTS

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in carrying out 

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

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

17 Surface Transportation Act, $374,800,000, to be derived 

18 from the Highway Trust Fund (other than the Mass Tran19 sit Account) and to remain available until expended: Pro20 vided, That funds available for the implementation or exe21 cution of motor carrier safety programs shall not exceed 

22 total obligations of $374,800,000 in fiscal year 2018 for 

23 ‘‘Motor Carrier Safety Grants’’; of which $298,900,000 

24 shall be available for the motor carrier safety assistance 

25 program, $31,800,000 shall be available for the commer-
56 

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1 cial driver’s license program implementation program, 

2 $43,100,000 shall be available for the high priority activi3 ties program, and $1,000,000 shall be available for the 

4 commercial motor vehicle operators grant program: Pro5 vided further, That of the unobligated amounts provided 

6 for Commercial Vehicle Information Systems Network De7 velopment or other Motor Carrier Safety grants in the 

8 Transportation Equity Act for the 21st Century (Public 

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

10 other appropriation or authorization acts prior to fiscal 

11 year 2017, $87,000,000 in additional obligation limitation 

12 is provided for the modernization and maintenance of bor13 der facilities, and shall remain available until September 

14 30, 2020: Provided further, That such funds as necessary 

15 for payment of obligations incurred in carrying out this 

16 section shall be derived from the Highway Trust Fund 

17 (other than the Mass Transit Account), to be available 

18 until expended. 

19 (RESCISSION)

20 (HIGHWAY TRUST FUND)

21 Of the unobligated balances of funds provided in the 

22 Transportation Equity Act for the 21st Century (Public 

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

24 other appropriation or authorization acts prior to fiscal 
57 

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1 year 2017 for motor carrier safety grants, $91,451,870 

2 is hereby permanently rescinded. 

3 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

4 CARRIER SAFETY ADMINISTRATION

5 SEC. 130. Funds appropriated or limited in this Act 

6 shall be subject to the terms and conditions stipulated in 

7 section 350 of Public Law 107–87 and section 6901 of 

8 Public Law 110–28. 

9 SEC. 131. The Federal Motor Carrier Safety Admin10 istration shall send notice of 49 CFR section 385.308 vio11 lations by certified mail, registered mail, or another man12 ner of delivery, which records the receipt of the notice by 

13 the persons responsible for the violations. 

14 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

15 OPERATIONS AND RESEARCH

16 For expenses necessary to discharge the functions of 

17 the Secretary, with respect to traffic and highway safety 

18 authorized under chapter 301 and part C of subtitle VI 

19 of title 49, United States Code, $162,000,000, of which 

20 $20,000,000 shall remain available through September 

21 30, 2019. 
58 

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1 OPERATIONS AND RESEARCH

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 23 U.S.C. 403, section 4011 of the 

7 FAST Act (Public Law 114–94), and chapter 303 of title 

8 49, United States Code, $149,000,000, to be derived from 

9 the Highway Trust Fund (other than the Mass Transit 

10 Account) and to remain available until expended: Pro11 vided, That none of the funds in this Act shall be available 

12 for the planning or execution of programs the total obliga13 tions for which, in fiscal year 2018, are in excess of 

14 $149,000,000, of which $143,700,000 shall be for pro15 grams authorized under 23 U.S.C. 403 and $5,300,000 

16 shall be for the National Driver Register authorized under 

17 chapter 303 of title 49, United States Code: Provided fur18 ther, That within the $149,000,000 obligation limitation 

19 for operations and research, $20,000,000 shall remain 

20 available until September 30, 2019, and shall be in addi21 tion to the amount of any limitation imposed on obliga22 tions for future years. 
59 

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1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 provisions of 23 U.S.C. 402, 404, and 405, and section 

7 4001(a)(6) of the Fixing America’s Surface Transpor8 tation Act, to remain available until expended, 

9 $597,629,000, to be derived from the Highway Trust 

10 Fund (other than the Mass Transit Account): Provided, 

11 That none of the funds in this Act shall be available for 

12 the planning or execution of programs the total obligations 

13 for which, in fiscal year 2018, are in excess of 

14 $597,629,000 for programs authorized under 23 U.S.C. 

15 402, 404, and 405, and section 4001(a)(6) of the Fixing 

16 America’s Surface Transportation Act, of which 

17 $261,200,000 shall be for ‘‘Highway Safety Programs’’ 

18 under 23 U.S.C. 402; $280,200,000 shall be for ‘‘National 

19 Priority Safety Programs’’ under 23 U.S.C. 405; 

20 $29,900,000 shall be for ‘‘High Visibility Enforcement 

21 Program’’ under 23 U.S.C. 404; $26,329,000 shall be for 

22 ‘‘Administrative Expenses’’ under section 4001(a)(6) of 

23 the Fixing America’s Surface Transportation Act: Pro24 vided further, That none of these funds shall be used for 

25 construction, rehabilitation, or remodeling costs, or for of-
60 

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1 fice furnishings and fixtures for State, local or private 

2 buildings or structures: Provided further, That not to ex3 ceed $500,000 of the funds made available for ‘‘National 

4 Priority Safety Programs’’ under 23 U.S.C. 405 for ‘‘Im5 paired Driving Countermeasures’’ (as described in sub6 section (d) of that section) shall be available for technical 

7 assistance to the States: Provided further, That with re8 spect to the ‘‘Transfers’’ provision under 23 U.S.C. 

9 405(a)(8), any amounts transferred to increase the 

10 amounts made available under section 402 shall include 

11 the obligation authority for such amounts: Provided fur12 ther, That the Administrator shall notify the House and 

13 Senate Committees on Appropriations of any exercise of 

14 the authority granted under the previous proviso or under 

15 23 U.S.C. 405(a)(8) within 5 days. 

16 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

17 TRAFFIC SAFETY ADMINISTRATION

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

19 available to the National Highway Traffic Safety Adminis20 tration, out of the amount limited for section 402 of title 

21 23, United States Code, to pay for travel and related ex22 penses for State management reviews and to pay for core 

23 competency development training and related expenses for 

24 highway safety staff. 
61 

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1 SEC. 141. The limitations on obligations for the pro2 grams of the National Highway Traffic Safety Adminis3 tration set in this Act shall not apply to obligations for 

4 which obligation authority was made available in previous 

5 public laws but only to the extent that the obligation au6 thority has not lapsed or been used. 

7 FEDERAL RAILROAD ADMINISTRATION

8 SAFETY AND OPERATIONS

9 For necessary expenses of the Federal Railroad Ad10 ministration, not otherwise provided for, $210,000,000, of 

11 which $15,900,000 shall remain available until expended, 

12 and of which up to $350,000 shall be available for the 

13 Secretary of Transportation to assist Class II and Class 

14 III railroads in preparing to apply and applying for direct 

15 loans and loan guarantees for eligible projects pursuant 

16 to sections 501 through 504 of the Railroad Revitalization 

17 and Regulatory Reform Act of 1976 (Public Law 94–210) 

18 to also remain available until expended. 

19 RAILROAD RESEARCH AND DEVELOPMENT

20 For necessary expenses for railroad research and de21 velopment, $40,100,000, to remain available until ex22 pended. 
62 

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1 RAILROAD REHABILITATION AND IMPROVEMENT

2 FINANCING PROGRAM

3 The Secretary of Transportation is authorized to 

4 issue direct loans and loan guarantees pursuant to sec5 tions 501 through 504 of the Railroad Revitalization and 

6 Regulatory Reform Act of 1976 (Public Law 94–210), as 

7 amended, such authority to exist as long as any such di8 rect loan or loan guarantee is outstanding. 

9 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

10 IMPROVEMENTS

11 For necessary expenses related to Consolidated Rail 

12 Infrastructure and Safety Improvements Grants as au13 thorized by section 24407 of title 49, United States Code, 

14 $92,547,000, to remain available until expended, for 

15 projects eligible under section 24407 of title 49, United 

16 States Code, of which $35,547,000 shall be available for 

17 eligible projects under section 24407(c)(2) of title 49, 

18 United States Code, that contribute to the initiation or 

19 restoration of intercity passenger rail service: Provided, 

20 That the Secretary may withhold up to one percent of the 

21 amount provided under this heading for the costs of award 

22 and project management oversight of grants carried out 

23 under section 24407 of title 49, United States Code. 
63 

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1 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

2 REPAIR

3 For necessary expenses related to Federal-State 

4 Partnership for State of Good Repair Grants as author5 ized by section 24911 of title 49, United States Code, 

6 $26,000,000, to remain available until expended: Pro7 vided, That the Secretary may withhold up to one percent 

8 of the amount provided under this heading for the costs 

9 of award and project management oversight of grants car10 ried out under section 24911 of title 49, United States 

11 Code. 

12 RESTORATION AND ENHANCEMENT

13 For necessary expenses related to Restoration and 

14 Enhancement Grants, as authorized by section 24408 of 

15 title 49, United States Code, $5,000,000, to remain avail16 able until expended: Provided, That the Secretary may 

17 withhold up to one percent of the funds provided under 

18 this heading to fund the costs of award and project man19 agement and oversight. 

20 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

21 RAILROAD PASSENGER CORPORATION

22 To enable the Secretary of Transportation to make 

23 grants to the National Railroad Passenger Corporation for 

24 activities associated with the Northeast Corridor as au25 thorized by section 11101(a) of the Fixing America’s Sur-
64 

•S 1655 PCS

1 face Transportation Act (division A of Public Law 114– 

2 94), $358,400,000, to remain available until expended: 

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

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

5 and the ‘‘National Network Grants to the National Rail6 road Passenger Corporation’’ heading to fund the costs 

7 of project management and oversight of activities author8 ized by section 11101(c) of division A of Public Law 114– 

9 94: Provided further, That in addition to the project man10 agement oversight funds authorized under section 

11 11101(c) of division A of Public Law 114–94, the Sec12 retary may retain up to an additional $5,000,000 of the 

13 funds provided under this heading to fund expenses associ14 ated with the Northeast Corridor Commission established 

15 under section 24905 of title 49, United States Code: Pro16 vided further, That of the amounts made available under 

17 this heading and the ‘‘National Network Grants to the Na18 tional Railroad Passenger Corporation’’ heading, not less 

19 than $50,000,000 shall be made available to bring Am20 trak-served facilities and stations into compliance with the 

21 Americans with Disabilities Act. 

22 NATIONAL NETWORK GRANTS TO THE NATIONAL

23 RAILROAD PASSENGER CORPORATION

24 To enable the Secretary of Transportation to make 

25 grants to the National Railroad Passenger Corporation for 
65 

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1 activities associated with the National Network as author2 ized by section 11101(b) of the Fixing America’s Surface 

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

4 $1,241,600,000, to remain available until expended: Pro5 vided, That the Secretary may retain up to an additional 

6 $2,000,000 of the funds provided under this heading to 

7 fund expenses associated with the State-Supported Route 

8 Committee established under section 24712 of title 49, 

9 United States Code: Provided further, That up to 

10 $5,000,000 of the amount provided under this heading 

11 shall be available for costs associated with any matters 

12 Amtrak may elect to bring before the Surface Transpor13 tation Board related to the restoration of passenger rail 

14 service over routes previously served by Amtrak. 

15 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

16 ADMINISTRATION

17 SEC. 150. None of the funds provided to the National 

18 Railroad Passenger Corporation may be used to fund any 

19 overtime costs in excess of $35,000 for any individual em20 ployee: Provided, That the President of Amtrak may waive 

21 the cap set in the previous proviso for specific employees 

22 when the President of Amtrak determines such a cap 

23 poses a risk to the safety and operational efficiency of the 

24 system: Provided further, That the President of Amtrak 

25 shall report to the House and Senate Committees on Ap-
66 

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1 propriations each quarter within 30 days of such quarter 

2 of the calendar year on waivers granted to employees and 

3 amounts paid above the cap for each month within such 

4 quarter and delineate the reasons each waiver was grant5 ed: Provided further, That the President of Amtrak shall 

6 report to the House and Senate Committees on Appropria7 tions by March 1, 2018, a summary of all overtime pay8 ments incurred by the Corporation for 2017 and the three 

9 prior calendar years: Provided further, That such sum10 mary shall include the total number of employees that re11 ceived waivers and the total overtime payments the Cor12 poration paid to those employees receiving waivers for 

13 each month for 2017 and for the three prior calendar 

14 years. 

15 FEDERAL TRANSIT ADMINISTRATION

16 ADMINISTRATIVE EXPENSES

17 For necessary administrative expenses of the Federal 

18 Transit Administration’s programs authorized by chapter 

19 53 of title 49, United States Code, $113,165,000: Pro20 vided, That none of the funds provided or limited in this 

21 Act may be used to create a permanent office of transit 

22 security under this heading: Provided further, That upon 

23 submission to the Congress of the fiscal year 2019 Presi24 dent’s budget, the Secretary of Transportation shall trans-
67 

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1 mit to Congress the annual report on New Starts, includ2 ing proposed allocations for fiscal year 2019. 

3 TRANSIT FORMULA GRANTS

4 (LIQUIDATION OF CONTRACT AUTHORIZATION)

5 (LIMITATION ON OBLIGATIONS)

6 (HIGHWAY TRUST FUND)

7 For payment of obligations incurred in the Federal 

8 Public Transportation Assistance Program in this ac9 count, and for payment of obligations incurred in carrying 

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

11 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 

12 5340, as amended by the Fixing America’s Surface Trans13 portation Act, and section 20005(b) of Public Law 112– 

14 141, and sections 3006(b) and 3028 of the Fixing Amer15 ica’s Surface Transportation Act, $10,300,000,000, to be 

16 derived from the Mass Transit Account of the Highway 

17 Trust Fund and to remain available until expended: Pro18 vided, That funds available for the implementation or exe19 cution of programs authorized under 49 U.S.C. 5305, 

20 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 

21 5337, 5339, and 5340, as amended by the Fixing Amer22 ica’s Surface Transportation Act, and section 20005(b) of 

23 Public Law 112–141, and sections 3006(b) and 3028 of 

24 the Fixing America’s Surface Transportation Act, shall 

25 not exceed total obligations of $9,733,353,407 in fiscal 
68 

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1 year 2018: Provided further, That the Federal share of 

2 the cost of activities carried out under section 5312 shall 

3 not exceed 80 percent, except that if there is substantial 

4 public interest or benefit, the Secretary may approve a 

5 greater Federal share. 

6 CAPITAL INVESTMENT GRANTS

7 For necessary expenses to carry out 49 U.S.C. 5309 

8 and section 3005(b) of the FAST Act, $2,132,910,000 to 

9 remain available until September 30, 2021: Provided, 

10 That $8,900,000 in New Starts recoveries from prior year 

11 obligations from fiscal years 2000 to 2015 and $5,500,000 

12 in Bus and Bus Facilities recoveries from prior year obli13 gations from fiscal years 2000 to 2005 shall remain avail14 able until September 30, 2021 to carry out 49 U.S.C. 

15 5309: Provided further, That of the amounts made avail16 able in the previous provisos, $1,007,910,000 shall be 

17 available for payments on previously executed New Starts 

18 full funding grant agreements, $454,000,000 shall be 

19 available for new New Starts full funding grant agree20 ments, $200,000,000 shall be available for payments on 

21 previously executed Core Capacity full funding grant 

22 agreements, $145,700,000 shall be available for new Core 

23 Capacity full funding grant agreements, $149,900,000 

24 shall be available to complete payments on partially fund25 ed Small Starts projects, and $168,400,000 shall be avail-
69 

•S 1655 PCS

1 able for new grant agreements for Small Starts projects: 

2 Provided, That the Secretary shall administer the program 

3 and assist project sponsors according to 49 U.S.C. 5309 

4 and make payments available to project sponsors in ac5 cordance with the report accompanying this Act. 

6 GRANTS TO THE WASHINGTON METROPOLITAN AREA

7 TRANSIT AUTHORITY

8 For grants to the Washington Metropolitan Area 

9 Transit Authority as authorized under section 601 of divi10 sion B of Public Law 110–432, $150,000,000, to remain 

11 available until expended: Provided, That the Secretary of 

12 Transportation shall approve grants for capital and pre13 ventive maintenance expenditures for the Washington 

14 Metropolitan Area Transit Authority only after receiving 

15 and reviewing a request for each specific project: Provided 

16 further, That prior to approving such grants, the Secretary 

17 shall certify that the Washington Metropolitan Area Tran18 sit Authority is making progress to improve its safety 

19 management system in response to the Federal Transit 

20 Administration’s 2015 safety management inspection: 

21 Provided further, That the Secretary shall determine that 

22 the Washington Metropolitan Area Transit Authority has 

23 placed the highest priority on those investments that will 

24 improve the safety of the system before approving such 

25 grants: Provided further, That the Secretary, in order to 
70 

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1 ensure safety throughout the rail system, may waive the 

2 requirements of section 601(e)(1) of division B of Public 

3 Law 110–432. 

4 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

5 ADMINISTRATION

6 SEC. 160. The limitations on obligations for the pro7 grams of the Federal Transit Administration shall not 

8 apply to any authority under 49 U.S.C. 5338, previously 

9 made available for obligation, or to any other authority 

10 previously made available for obligation. 

11 SEC. 161. Notwithstanding any other provision of 

12 law, any funds appropriated before October 1, 2017, under 

13 any section of chapter 53 of title 49, United States Code, 

14 that remain available for expenditure, may be transferred 

15 to and administered under the most recent appropriation 

16 heading for any such section. 

17 SAINT LAWRENCE SEAWAY DEVELOPMENT

18 CORPORATION

19 The Saint Lawrence Seaway Development Corpora20 tion is hereby authorized to make such expenditures, with21 in the limits of funds and borrowing authority available 

22 to the Corporation, and in accord with law, and to make 

23 such contracts and commitments without regard to fiscal 

24 year limitations, as provided by section 104 of the Govern25 ment Corporation Control Act, as amended, as may be 
71 

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1 necessary in carrying out the programs set forth in the 

2 Corporation’s budget for the current fiscal year. 

3 OPERATIONS AND MAINTENANCE

4 (HARBOR MAINTENANCE TRUST FUND)

5 For necessary expenses to conduct the operations, 

6 maintenance, and capital asset renewal activities of those 

7 portions of the St. Lawrence Seaway owned, operated, and 

8 maintained by the Saint Lawrence Seaway Development 

9 Corporation, $36,028,000, to be derived from the Harbor 

10 Maintenance Trust Fund, pursuant to Public Law 99– 

11 662. 

12 MARITIME ADMINISTRATION

13 MARITIME SECURITY PROGRAM

14 For necessary expenses to maintain and preserve a 

15 U.S.-flag merchant fleet to serve the national security 

16 needs of the United States, $300,000,000, to remain avail17 able until expended. 

18 OPERATIONS AND TRAINING

19 For necessary expenses of operations and training ac20 tivities authorized by law, $228,642,000, of which 

21 $22,000,000 shall remain available until expended for 

22 maintenance and repair of training ships at State Mari23 time Academies, and of which $50,000,000 shall remain 

24 available until expended for the National Security Multi25 Mission Vessel, and of which $2,400,000 shall remain 
72 

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1 available through September 30, 2019, for the Student In2 centive Program at State Maritime Academies, and of 

3 which $1,800,000 shall remain available until expended 

4 for training ship fuel assistance payments, and of which 

5 $14,179,000 shall remain available until expended for fa6 cilities maintenance and repair, equipment, and capital 

7 improvements at the United States Merchant Marine 

8 Academy, and of which $3,000,000 shall remain available 

9 through September 30, 2019, for Maritime Environment 

10 and Technology Assistance program authorized under sec11 tion 50307 of title 46, United States Code, and of which 

12 $7,000,000 shall remain available until expended for the 

13 Short Sea Transportation Program (America’s Marine 

14 Highways) to make grants for the purposes authorized 

15 under sections 55601(b)(1) and (3) of title 46, United 

16 States Code: Provided, That not later than January 12, 

17 2019, the Administrator of the Maritime Administration 

18 shall transmit to the House and Senate Committees on 

19 Appropriations the annual report on sexual assault and 

20 sexual harassment at the United States Merchant Marine 

21 Academy as required pursuant to section 3507 of Public 

22 Law 110–417. 

23 ASSISTANCE TO SMALL SHIPYARDS

24 To make grants to qualified shipyards as authorized 

25 under section 54101 of title 46, United States Code, as 
73 

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1 amended by Public Law 113–281, $10,000,000 to remain 

2 available until expended: Provided, That the Secretary 

3 shall issue the Notice of Funding Opportunity no later 

4 than 15 days after enactment of this Act: Provided further, 

5 That from applications submitted under the previous pro6 viso, the Secretary of Transportation shall make grants 

7 no later than 120 days after enactment of this Act in such 

8 amounts as the Secretary determines: Provided further, 

9 That not to exceed 2 percent of the funds appropriated 

10 under this heading shall be available for necessary costs 

11 of grant administration: Provided further, That available 

12 balances under this heading from prior year recoveries 

13 shall be available to carry out activities authorized under 

14 section 54101 of title 46, United States Code, as amended 

15 by Public Law 113–281. 

16 SHIP DISPOSAL

17 For necessary expenses related to the disposal of ob18 solete vessels in the National Defense Reserve Fleet of the 

19 Maritime Administration, $9,000,000, to remain available 

20 until expended. 

21 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

22 ACCOUNT

23 (INCLUDING TRANSFER OF FUNDS)

24 For the cost of guaranteed loans, $30,000,000, of 

25 which $27,000,000 shall remain available until expended: 
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1 Provided, That such costs, including the costs of modi2 fying such loans, shall be defined in section 502 of the 

3 Congressional Budget Act of 1974, as amended: Provided 

4 further, That not to exceed $3,000,000 shall be for admin5 istrative expenses to carry out the guaranteed loan pro6 gram, which shall be transferred to and merged with the 

7 appropriations for ‘‘Operations and Training’’, Maritime 

8 Administration. 

9 ADMINISTRATIVE PROVISIONS—MARITIME

10 ADMINISTRATION

11 SEC. 170. Notwithstanding any other provision of 

12 this Act, in addition to any existing authority, the Mari13 time Administration is authorized to furnish utilities and 

14 services and make necessary repairs in connection with 

15 any lease, contract, or occupancy involving Government 

16 property under control of the Maritime Administration: 

17 Provided, That payments received therefor shall be cred18 ited to the appropriation charged with the cost thereof and 

19 shall remain available until expended: Provided further, 

20 That rental payments under any such lease, contract, or 

21 occupancy for items other than such utilities, services, or 

22 repairs shall be covered into the Treasury as miscellaneous 

23 receipts. 
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1 PIPELINE AND HAZARDOUS MATERIALS SAFETY

2 ADMINISTRATION

3 OPERATIONAL EXPENSES

4 For necessary operational expenses of the Pipeline 

5 and Hazardous Materials Safety Administration, 

6 $23,000,000, of which $1,500,000 shall be for ‘‘Pipeline 

7 Safety Information Grants to Communities’’ as authorized 

8 under section 60130 of title 49, United States Code: Pro9 vided, That the Secretary of Transportation shall issue a 

10 final rule to expand the applicability of comprehensive oil 

11 spill response plans no later than 5 days of enactment of 

12 this Act. 

13 HAZARDOUS MATERIALS SAFETY

14 For expenses necessary to discharge the hazardous 

15 materials safety functions of the Pipeline and Hazardous 

16 Materials Safety Administration, $59,000,000, of which 

17 $7,570,000 shall remain available until September 30, 

18 2020: Provided, That up to $800,000 in fees collected 

19 under 49 U.S.C. 5108(g) shall be deposited in the general 

20 fund of the Treasury as offsetting receipts: Provided fur21 ther, That there may be credited to this appropriation, to 

22 be available until expended, funds received from States, 

23 counties, municipalities, other public authorities, and pri24 vate sources for expenses incurred for training, for reports 

25 publication and dissemination, and for travel expenses in-
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1 curred in performance of hazardous materials exemptions 

2 and approvals functions. 

3 PIPELINE SAFETY

4 (PIPELINE SAFETY FUND)

5 (OIL SPILL LIABILITY TRUST FUND)

6 For expenses necessary to conduct the functions of 

7 the pipeline safety program, for grants-in-aid to carry out 

8 a pipeline safety program, as authorized by 49 U.S.C. 

9 60107, and to discharge the pipeline program responsibil10 ities of the Oil Pollution Act of 1990, $162,000,000, of 

11 which $23,000,000 shall be derived from the Oil Spill Li12 ability Trust Fund and shall remain available until Sep13 tember 30, 2020; and of which $131,000,000 shall be de14 rived from the Pipeline Safety Fund, of which 

15 $64,736,000 shall remain available until September 30, 

16 2020; and of which $8,000,000 shall be derived from the 

17 Pipeline Safety Fund as provided in 49 U.S.C. 60302 

18 (section 12 of the PIPES Act of 2016 (Public Law 114– 

19 183)) from the Underground Natural Gas Storage Facility 

20 Safety Account for the purpose of carrying out 49 U.S.C. 

21 60141 of such Act (section 12 of the PIPES Act of 2016 

22 (Public Law 114–183)), of which $6,000,000 shall remain 

23 available until September 30, 2020: Provided, That not 

24 less than $1,058,000 of the funds provided under this 

25 heading shall be for the One-Call State grant program. 
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1 EMERGENCY PREPAREDNESS GRANTS

2 (EMERGENCY PREPAREDNESS FUND)

3 Notwithstanding the fiscal year limitation specified in 

4 49 U.S.C. 5116, not more than $28,318,000 shall be made 

5 available for obligation in fiscal year 2018 from amounts 

6 made available by 49 U.S.C. 5116(h), and 5128(b) and 

7 (c): Provided, That notwithstanding 49 U.S.C. 

8 5116(h)(4), not more than 4 percent of the amounts made 

9 available from this account shall be available to pay ad10 ministrative costs: Provided further, That none of the 

11 funds made available by 49 U.S.C. 5116(h), 5128(b), or 

12 5128(c) shall be made available for obligation by individ13 uals other than the Secretary of Transportation, or his 

14 or her designee. 

15 OFFICE OF INSPECTOR GENERAL

16 SALARIES AND EXPENSES

17 For necessary expenses of the Office of the Inspector 

18 General to carry out the provisions of the Inspector Gen19 eral Act of 1978, as amended, $92,100,000: Provided, 

20 That the Inspector General shall have all necessary au21 thority, in carrying out the duties specified in the Inspec22 tor General Act, as amended (5 U.S.C. App. 3), to inves23 tigate allegations of fraud, including false statements to 

24 the government (18 U.S.C. 1001), by any person or entity 

25 that is subject to regulation by the Department of Trans-
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1 portation: Provided further, That the funds made available 

2 under this heading may be used to investigate, pursuant 

3 to section 41712 of title 49, United States Code: (1) un4 fair or deceptive practices and unfair methods of competi5 tion by domestic and foreign air carriers and ticket agents; 

6 and (2) the compliance of domestic and foreign air carriers 

7 with respect to item (1) of this proviso. 

8 GENERAL PROVISIONS—DEPARTMENT OF

9 TRANSPORTATION

10 SEC. 180. (a) During the current fiscal year, applica11 ble appropriations to the Department of Transportation 

12 shall be available for maintenance and operation of air13 craft; hire of passenger motor vehicles and aircraft; pur14 chase of liability insurance for motor vehicles operating 

15 in foreign countries on official department business; and 

16 uniforms or allowances therefor, as authorized by law (5 

17 U.S.C. 5901–5902). 

18 (b) During the current fiscal year, applicable appro19 priations to the Department and its operating administra20 tions shall be available for the purchase, maintenance, op21 eration, and deployment of unmanned aircraft systems 

22 that advance the Department’s, or its operating adminis23 trations’, missions. 
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1 (c) Any unmanned aircraft system purchased or pro2 cured by the Department prior to the enactment of this 

3 Act shall be deemed authorized. 

4 SEC. 181. Appropriations contained in this Act for 

5 the Department of Transportation shall be available for 

6 services as authorized by 5 U.S.C. 3109, but at rates for 

7 individuals not to exceed the per diem rate equivalent to 

8 the rate for an Executive Level IV. 

9 SEC. 182. None of the funds in this Act shall be avail10 able for salaries and expenses of more than 110 political 

11 and Presidential appointees in the Department of Trans12 portation: Provided, That none of the personnel covered 

13 by this provision may be assigned on temporary detail out14 side the Department of Transportation. 

15 SEC. 183. (a) No recipient of funds made available 

16 in this Act shall disseminate personal information (as de17 fined in 18 U.S.C. 2725(3)) obtained by a State depart18 ment of motor vehicles in connection with a motor vehicle 

19 record as defined in 18 U.S.C. 2725(1), except as provided 

20 in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 

21 2721. 

22 (b) Notwithstanding subsection (a), the Secretary 

23 shall not withhold funds provided in this Act for any 

24 grantee if a State is in noncompliance with this provision. 
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1 SEC. 184. Funds received by the Federal Highway 

2 Administration and Federal Railroad Administration from 

3 States, counties, municipalities, other public authorities, 

4 and private sources for expenses incurred for training may 

5 be credited respectively to the Federal Highway Adminis6 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed7 eral Railroad Administration’s ‘‘Safety and Operations’’ 

8 account, except for State rail safety inspectors partici9 pating in training pursuant to 49 U.S.C. 20105. 

10 SEC. 185. (a) None of the funds provided in this Act 

11 to the Department of Transportation may be used to make 

12 a loan, loan guarantee, line of credit, or discretionary 

13 grant unless the Secretary of Transportation notifies the 

14 House and Senate Committees on Appropriations not less 

15 than 3 full business days before any project competitively 

16 selected to receive any discretionary grant award, letter 

17 of intent, loan commitment, loan guarantee commitment, 

18 line of credit commitment, or full funding grant agreement 

19 is announced by the Department or its modal administra20 tions: Provided, That the Secretary gives concurrent noti21 fication to the House and Senate Committees on Appro22 priations for any ‘‘quick release’’ of funds from the emer23 gency relief program: Provided further, That no notifica24 tion shall involve funds that are not available for obliga25 tion. 
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1 (b) In addition to the notification required in sub2 section (a), none of the funds made available in this Act 

3 to the Department of Transportation may be used to make 

4 a loan, loan guarantee, line of credit, or discretionary 

5 grant unless the Secretary of Transportation provides the 

6 House and Senate Committees on Appropriations a com7 prehensive list of all such loans, loan guarantees, lines of 

8 credit, or discretionary grants that will be announced not 

9 less the 3 full business days before such announcement: 

10 Provided, That the requirement to provide a list in this 

11 subsection does not apply to any ‘‘quick release’’ of funds 

12 from the emergency relief program: Provided further, That 

13 no list shall involve funds that are not available for obliga14 tion. 

15 SEC. 186. Rebates, refunds, incentive payments, 

16 minor fees and other funds received by the Department 

17 of Transportation from travel management centers, 

18 charge card programs, the subleasing of building space, 

19 and miscellaneous sources are to be credited to appropria20 tions of the Department of Transportation and allocated 

21 to elements of the Department of Transportation using 

22 fair and equitable criteria and such funds shall be avail23 able until expended. 

24 SEC. 187. Amounts made available in this or any 

25 prior Act that the Secretary determines represent im-
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1 proper payments by the Department of Transportation to 

2 a third-party contractor under a financial assistance 

3 award, which are recovered pursuant to law, shall be avail4 able— 

5 (1) to reimburse the actual expenses incurred 

6 by the Department of Transportation in recovering 

7 improper payments: Provided, That amounts made 

8 available in this Act shall be available until ex9 pended; and 

10 (2) to pay contractors for services provided in 

11 recovering improper payments or contractor support 

12 in the implementation of the Improper Payments In13 formation Act of 2002: Provided, That amounts in 

14 excess of that required for paragraphs (1) and (2)— 

15 (A) shall be credited to and merged with 

16 the appropriation from which the improper pay17 ments were made, and shall be available for the 

18 purposes and period for which such appropria19 tions are available: Provided further, That 

20 where specific project or accounting information 

21 associated with the improper payment or pay22 ments is not readily available, the Secretary 

23 may credit an appropriate account, which shall 

24 be available for the purposes and period associ25 ated with the account so credited; or 
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1 (B) if no such appropriation remains avail2 able, shall be deposited in the Treasury as mis3 cellaneous receipts: Provided further, That prior 

4 to the transfer of any such recovery to an ap5 propriations account, the Secretary shall notify 

6 the House and Senate Committees on Appro7 priations of the amount and reasons for such 

8 transfer: Provided further, That for purposes of 

9 this section, the term ‘‘improper payments’’ has 

10 the same meaning as that provided in section 

11 2(d)(2) of Public Law 107–300. 

12 SEC. 188. Notwithstanding any other provision of 

13 law, if any funds provided in or limited by this Act are 

14 subject to a reprogramming action that requires notice to 

15 be provided to the House and Senate Committees on Ap16 propriations, transmission of said reprogramming notice 

17 shall be provided solely to the House and Senate Commit18 tees on Appropriations, and said reprogramming action 

19 shall be approved or denied solely by the House and Sen20 ate Committees on Appropriations: Provided, That the 

21 Secretary of Transportation may provide notice to other 

22 congressional committees of the action of the House and 

23 Senate Committees on Appropriations on such reprogram24 ming but not sooner than 30 days following the date on 

25 which the reprogramming action has been approved or de-
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1 nied by the House and Senate Committees on Appropria2 tions. 

3 SEC. 189. Funds appropriated in this Act to the 

4 modal administrations may be obligated for the Office of 

5 the Secretary for the costs related to assessments or reim6 bursable agreements only when such amounts are for the 

7 costs of goods and services that are purchased to provide 

8 a direct benefit to the applicable modal administration or 

9 administrations. 

10 SEC. 190. The Secretary of Transportation is author11 ized to carry out a program that establishes uniform 

12 standards for developing and supporting agency transit 

13 pass and transit benefits authorized under section 7905 

14 of title 5, United States Code, including distribution of 

15 transit benefits by various paper and electronic media. 

16 SEC. 191. The Department of Transportation may 

17 use funds provided by this Act, or any other Act, to assist 

18 a contract under title 49 U.S.C. or title 23 U.S.C. utilizing 

19 geographic, economic, or any other hiring preference not 

20 otherwise authorized by law, or to amend a rule, regula21 tion, policy or other measure that forbids a recipient of 

22 a Federal Highway Administration or Federal Transit Ad23 ministration grant from imposing such hiring preference 

24 on a contract or construction project with which the De-
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1 partment of Transportation is assisting, only if the grant 

2 recipient certifies the following: 

3 (1) that except with respect to apprentices or 

4 trainees, a pool of readily available but unemployed 

5 individuals possessing the knowledge, skill, and abil6 ity to perform the work that the contract requires 

7 resides in the jurisdiction; 

8 (2) that the grant recipient will include appro9 priate provisions in its bid document ensuring that 

10 the contractor does not displace any of its existing 

11 employees in order to satisfy such hiring preference; 

12 and 

13 (3) that any increase in the cost of labor, train14 ing, or delays resulting from the use of such hiring 

15 preference does not delay or displace any transpor16 tation project in the applicable Statewide Transpor17 tation Improvement Program or Transportation Im18 provement Program. 

19 This title may be cited as the ‘‘Department of Trans20 portation Appropriations Act, 2018’’. 
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1 TITLE II 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 MANAGEMENT AND ADMINISTRATION

5 EXECUTIVE OFFICES

6 For necessary salaries and expenses for Executive Of7 fices, which shall be comprised of the offices of the Sec8 retary, Deputy Secretary, Adjudicatory Services, Congres9 sional and Intergovernmental Relations, Public Affairs, 

10 Small and Disadvantaged Business Utilization, and the 

11 Center for Faith-Based and Neighborhood Partnerships, 

12 $15,645,000: Provided, That not to exceed $25,000 of the 

13 amount made available under this heading shall be avail14 able to the Secretary for official reception and representa15 tion expenses as the Secretary may determine. 

16 ADMINISTRATIVE SUPPORT OFFICES

17 For necessary salaries and expenses for Administra18 tive Support Offices, $520,190,000, of which $52,200,000 

19 shall be available for the Office of the Chief Financial Offi20 cer; $95,400,000 shall be available for the Office of the 

21 General Counsel; $206,140,000 shall be available for the 

22 Office of Administration; $39,300,000 shall be available 

23 for the Office of the Chief Human Capital Officer; 

24 $53,500,000 shall be available for the Office of Field Pol25 icy and Management; $19,500,000 shall be available for 
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1 the Office of the Chief Procurement Officer; $3,800,000 

2 shall be available for the Office of Departmental Equal 

3 Employment Opportunity; $4,950,000 shall be available 

4 for the Office of Strategic Planning and Management; and 

5 $45,400,000 shall be available for the Office of the Chief 

6 Information Officer: Provided, That funds provided under 

7 this heading may be used for necessary administrative and 

8 non-administrative expenses of the Department of Hous9 ing and Urban Development, not otherwise provided for, 

10 including purchase of uniforms, or allowances therefor, as 

11 authorized by 5 U.S.C. 5901–5902; hire of passenger 

12 motor vehicles; and services as authorized by 5 U.S.C. 

13 3109: Provided further, That notwithstanding any other 

14 provision of law, funds appropriated under this heading 

15 may be used for advertising and promotional activities 

16 that directly support program activities funded in this 

17 title: Provided further, That the Secretary shall provide the 

18 House and Senate Committees on Appropriations quar19 terly written notification regarding the status of pending 

20 congressional reports: Provided further, That the Sec21 retary shall provide in electronic form all signed reports 

22 required by Congress. 
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1 PROGRAM OFFICE SALARIES AND EXPENSES

2 PUBLIC AND INDIAN HOUSING

3 For necessary salaries and expenses of the Office of 

4 Public and Indian Housing, $222,000,000. 

5 COMMUNITY PLANNING AND DEVELOPMENT

6 For necessary salaries and expenses of the Office of 

7 Community Planning and Development, $108,300,000. 

8 HOUSING

9 For necessary salaries and expenses of the Office of 

10 Housing, $383,000,000. 

11 POLICY DEVELOPMENT AND RESEARCH

12 For necessary salaries and expenses of the Office of 

13 Policy Development and Research, $25,400,000. 

14 FAIR HOUSING AND EQUAL OPPORTUNITY

15 For necessary salaries and expenses of the Office of 

16 Fair Housing and Equal Opportunity, $72,400,000. 

17 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

18 HOMES

19 For necessary salaries and expenses of the Office of 

20 Lead Hazard Control and Healthy Homes, $8,200,000. 

21 WORKING CAPITAL FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For the working capital fund for the Department of 

24 Housing and Urban Development (referred to in this para25 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 
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1 of the Department of Housing and Urban Development 

2 Act (42 U.S.C. 3535(f)), amounts transferred to the Fund 

3 under this heading shall be available for Federal shared 

4 services used by offices and agencies of the Department, 

5 and for such portion of any office or agency’s printing, 

6 records management, space renovation, furniture, or sup7 ply services as the Secretary determines shall be derived 

8 from centralized sources made available by the Depart9 ment to all offices and agencies and funded through the 

10 Fund: Provided, That of the amounts made available in 

11 this title for salaries and expenses under the headings 

12 ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, 

13 ‘‘Program Office Salaries and Expenses’’, and ‘‘Govern14 ment National Mortgage Association’’, the Secretary shall 

15 transfer to the Fund such amounts, to remain available 

16 until expended, as are necessary to fund services, specified 

17 in the matter preceding the first proviso, for which the 

18 appropriation would otherwise have been available, and 

19 may transfer not to exceed an additional $5,000,000, in 

20 aggregate, from all such appropriations, to be merged with 

21 the Fund and to remain available until expended for use 

22 for any office or agency: Provided further, That amounts 

23 in the Fund shall be the only amounts available to each 

24 office or agency of the Department for the services, or por25 tion of services, specified in the matter preceding the first 
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1 proviso: Provided further, That with respect to the Fund, 

2 the authorities and conditions under this heading shall 

3 supplement the authorities and conditions provided under 

4 section 7(f). 

5 PUBLIC AND INDIAN HOUSING

6 TENANT-BASED RENTAL ASSISTANCE

7 For activities and assistance for the provision of ten8 ant-based rental assistance authorized under the United 

9 States Housing Act of 1937, as amended (42 U.S.C. 1437 

10 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

11 $17,365,120,000, to remain available until expended, shall 

12 be available on October 1, 2017 (in addition to the 

13 $4,000,000,000 previously appropriated under this head14 ing that shall be available on October 1, 2017), and 

15 $4,000,000,000, to remain available until expended, shall 

16 be available on October 1, 2018: Provided, That the 

17 amounts made available under this heading are provided 

18 as follows: 

19 (1) $19,370,000,000 shall be available for re20 newals of expiring section 8 tenant-based annual 

21 contributions contracts (including renewals of en22 hanced vouchers under any provision of law author23 izing such assistance under section 8(t) of the Act) 

24 and including renewal of other special purpose incre25 mental vouchers: Provided, That notwithstanding 
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1 any other provision of law, from amounts provided 

2 under this paragraph and any carryover, the Sec3 retary for the calendar year 2018 funding cycle shall 

4 provide renewal funding for each public housing 

5 agency based on validated voucher management sys6 tem (VMS) leasing and cost data for the prior cal7 endar year and by applying an inflation factor as es8 tablished by the Secretary, by notice published in 

9 the Federal Register, and by making any necessary 

10 adjustments for the costs associated with the first11 time renewal of vouchers under this paragraph in12 cluding tenant protection, HOPE VI, and Choice 

13 Neighborhoods vouchers: Provided further, That 

14 none of the funds provided under this paragraph 

15 may be used to fund a total number of unit months 

16 under lease which exceeds a public housing agency’s 

17 authorized level of units under contract, except for 

18 public housing agencies participating in the MTW 

19 demonstration, which are instead governed by the 

20 terms and conditions of their MTW agreements: 

21 Provided further, That the Secretary shall, to the ex22 tent necessary to stay within the amount specified 

23 under this paragraph (except as otherwise modified 

24 under this paragraph), prorate each public housing 

25 agency’s allocation otherwise established pursuant to 
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1 this paragraph: Provided further, That except as 

2 provided in the following provisos, the entire amount 

3 specified under this paragraph (except as otherwise 

4 modified under this paragraph) shall be obligated to 

5 the public housing agencies based on the allocation 

6 and pro rata method described above, and the Sec7 retary shall notify public housing agencies of their 

8 annual budget by the latter of 60 days after enact9 ment of this Act or March 1, 2018: Provided further, 

10 That the Secretary may extend the notification pe11 riod with the prior written approval of the House 

12 and Senate Committees on Appropriations: Provided 

13 further, That public housing agencies participating 

14 in the MTW demonstration shall be funded pursuant 

15 to their MTW agreements and shall be subject to 

16 the same pro rata adjustments under the previous 

17 provisos: Provided further, That the Secretary may 

18 offset public housing agencies’ calendar year 2018 

19 allocations based on the excess amounts of public 

20 housing agencies’ net restricted assets accounts, in21 cluding HUD-held programmatic reserves (in ac22 cordance with VMS data in calendar year 2017 that 

23 is verifiable and complete), as determined by the 

24 Secretary: Provided further, That public housing 

25 agencies participating in the MTW demonstration 
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1 shall also be subject to the offset, as determined by 

2 the Secretary, excluding amounts subject to the sin3 gle fund budget authority provisions of their MTW 

4 agreements, from the agencies’ calendar year 2018 

5 MTW funding allocation: Provided further, That the 

6 Secretary shall use any offset referred to in the pre7 vious two provisos throughout the calendar year to 

8 prevent the termination of rental assistance for fam9 ilies as the result of insufficient funding, as deter10 mined by the Secretary, and to avoid or reduce the 

11 proration of renewal funding allocations: Provided 

12 further, That up to $75,000,000 shall be available 

13 only: (1) for adjustments in the allocations for public 

14 housing agencies, after application for an adjust15 ment by a public housing agency that experienced a 

16 significant increase, as determined by the Secretary, 

17 in renewal costs of vouchers resulting from unfore18 seen circumstances or from portability under section 

19 8(r) of the Act; (2) for vouchers that were not in use 

20 during the previous 12-month period in order to be 

21 available to meet a commitment pursuant to section 

22 8(o)(13) of the Act; (3) for adjustments for costs as23 sociated with HUD-Veterans Affairs Supportive 

24 Housing (HUD–VASH) vouchers; and (4) for public 

25 housing agencies that despite taking reasonable cost 
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1 savings measures, as determined by the Secretary, 

2 would otherwise be required to terminate rental as3 sistance for families as a result of insufficient fund4 ing: Provided further, That the Secretary shall allo5 cate amounts under the previous proviso based on 

6 need, as determined by the Secretary; 

7 (2) $75,000,000 shall be for section 8 rental as8 sistance for relocation and replacement of housing 

9 units that are demolished or disposed of pursuant to 

10 section 18 of the Act, conversion of section 23 

11 projects to assistance under section 8, the family 

12 unification program under section 8(x) of the Act, 

13 relocation of witnesses in connection with efforts to 

14 combat crime in public and assisted housing pursu15 ant to a request from a law enforcement or prosecu16 tion agency, enhanced vouchers under any provision 

17 of law authorizing such assistance under section 8(t) 

18 of the Act, HOPE VI and Choice Neighborhood 

19 vouchers, mandatory and voluntary conversions, and 

20 tenant protection assistance including replacement 

21 and relocation assistance or for project-based assist22 ance to prevent the displacement of unassisted elder23 ly tenants currently residing in section 202 prop24 erties financed between 1959 and 1974 that are refi25 nanced pursuant to Public Law 106–569, as amend-
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1 ed, or under the authority as provided under this 

2 Act: Provided, That when a public housing develop3 ment is submitted for demolition or disposition 

4 under section 18 of the Act, the Secretary may pro5 vide section 8 rental assistance when the units pose 

6 an imminent health and safety risk to residents: 

7 Provided further, That the Secretary may only pro8 vide replacement vouchers for units that were occu9 pied within the previous 24 months that cease to be 

10 available as assisted housing, subject only to the 

11 availability of funds: Provided further, That of the 

12 amounts made available under this paragraph, 

13 $5,000,000 may be available to provide tenant pro14 tection assistance, not otherwise provided under this 

15 paragraph, to residents residing in low vacancy 

16 areas and who may have to pay rents greater than 

17 30 percent of household income, as the result of: (A) 

18 the maturity of a HUD-insured, HUD-held or sec19 tion 202 loan that requires the permission of the 

20 Secretary prior to loan prepayment; (B) the expira21 tion of a rental assistance contract for which the 

22 tenants are not eligible for enhanced voucher or ten23 ant protection assistance under existing law; or (C) 

24 the expiration of affordability restrictions accom25 panying a mortgage or preservation program admin-
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1 istered by the Secretary: Provided further, That such 

2 tenant protection assistance made available under 

3 the previous proviso may be provided under the au4 thority of section 8(t) or section 8(o)(13) of the 

5 United States Housing Act of 1937 (42 U.S.C. 

6 1437f(t)): Provided further, That any tenant protec7 tion voucher made available from amounts under 

8 this paragraph shall not be reissued by any public 

9 housing agency, except the replacement vouchers as 

10 defined by the Secretary by notice, when the initial 

11 family that received any such voucher no longer re12 ceives such voucher, and the authority for any public 

13 housing agency to issue any such voucher shall cease 

14 to exist: Provided further, That the Secretary may 

15 provide section 8 rental assistance from amounts 

16 made available under this paragraph for units as17 sisted under a project-based subsidy contract funded 

18 under the ‘‘Project-Based Rental Assistance’’ head19 ing under this title where the owner has received a 

20 Notice of Default and the units pose an imminent 

21 health and safety risk to residents: Provided further, 

22 That to the extent that the Secretary determines 

23 that such units are not feasible for continued rental 

24 assistance payments or transfer of the subsidy con25 tract associated with such units to another project 
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1 or projects and owner or owners, any remaining 

2 amounts associated with such units under such con3 tract shall be recaptured and used to reimburse 

4 amounts used under this paragraph for rental assist5 ance under the preceding proviso; 

6 (3) $1,725,000,000 shall be for administrative 

7 and other expenses of public housing agencies in ad8 ministering the section 8 tenant-based rental assist9 ance program, of which up to $10,000,000 shall be 

10 available to the Secretary to allocate to public hous11 ing agencies that need additional funds to admin12 ister their section 8 programs, including fees associ13 ated with section 8 tenant protection rental assist14 ance, the administration of disaster related vouchers, 

15 Veterans Affairs Supportive Housing vouchers, and 

16 other special purpose incremental vouchers: Pro17 vided, That no less than $1,715,000,000 of the 

18 amount provided in this paragraph shall be allocated 

19 to public housing agencies for the calendar year 

20 2018 funding cycle based on section 8(q) of the Act 

21 (and related Appropriation Act provisions) as in ef22 fect immediately before the enactment of the Quality 

23 Housing and Work Responsibility Act of 1998 (Pub24 lic Law 105–276): Provided further, That if the 

25 amounts made available under this paragraph are 
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1 insufficient to pay the amounts determined under 

2 the previous proviso, the Secretary may decrease the 

3 amounts allocated to agencies by a uniform percent4 age applicable to all agencies receiving funding 

5 under this paragraph or may, to the extent nec6 essary to provide full payment of amounts deter7 mined under the previous proviso, utilize unobligated 

8 balances, including recaptures and carryovers, re9 maining from funds appropriated to the Department 

10 of Housing and Urban Development under this 

11 heading from prior fiscal years, excluding special 

12 purpose vouchers, notwithstanding the purposes for 

13 which such amounts were appropriated: Provided 

14 further, That all public housing agencies partici15 pating in the MTW demonstration shall be funded 

16 pursuant to their MTW agreements, and shall be 

17 subject to the same uniform percentage decrease as 

18 under the previous proviso: Provided further, That 

19 amounts provided under this paragraph shall be only 

20 for activities related to the provision of tenant-based 

21 rental assistance authorized under section 8, includ22 ing related development activities; 

23 (4) $130,120,000 for the renewal of tenant24 based assistance contracts under section 811 of the 

25 Cranston-Gonzalez National Affordable Housing Act 
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1 (42 U.S.C. 8013), including necessary administra2 tive expenses: Provided, That administrative and 

3 other expenses of public housing agencies in admin4 istering the special purpose vouchers in this para5 graph shall be funded under the same terms and be 

6 subject to the same pro rata reduction as the per7 cent decrease for administrative and other expenses 

8 to public housing agencies under paragraph (3) of 

9 this heading: Provided further, That any amounts 

10 provided under this paragraph in this Act or prior 

11 Acts, remaining available after funding renewals and 

12 administrative expenses under this paragraph, shall 

13 be available for incremental tenant-based assistance 

14 contracts under such section 811, including nec15 essary administrative expenses; 

16 (5) $5,000,000 shall be for rental assistance 

17 and associated administrative fees for Tribal HUD– 

18 VA Supportive Housing to serve Native American 

19 veterans that are homeless or at-risk of homeless20 ness living on or near a reservation or other Indian 

21 areas: Provided, That such amount shall be made 

22 available for renewal grants to recipients that re23 ceived assistance under prior Acts under the Tribal 

24 HUD–VA Supportive Housing program: Provided 

25 further, That the Secretary shall be authorized to 
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1 specify criteria for renewal grants, including data on 

2 the utilization of assistance reported by grant recipi3 ents: Provided further, That such assistance shall be 

4 administered in accordance with program require5 ments under the Native American Housing Assist6 ance and Self-Determination Act of 1996 and mod7 eled after the HUD–VASH program: Provided fur8 ther, That the Secretary shall be authorized to 

9 waive, or specify alternative requirements for any 

10 provision of any statute or regulation that the Sec11 retary administers in connection with the use of 

12 funds made available under this paragraph (except 

13 for requirements related to fair housing, non14 discrimination, labor standards, and the environ15 ment), upon a finding by the Secretary that any 

16 such waivers or alternative requirements are nec17 essary for the effective delivery and administration 

18 of such assistance: Provided further, That grant re19 cipients shall report to the Secretary on utilization 

20 of such rental assistance and other program data, as 

21 prescribed by the Secretary: Provided further, That 

22 the Secretary may reallocate, as determined by the 

23 Secretary, amounts returned or recaptured from 

24 awards under prior acts; 
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1 (6) $40,000,000 for incremental rental voucher 

2 assistance for use through a supported housing pro3 gram administered in conjunction with the Depart4 ment of Veterans Affairs as authorized under section 

5 8(o)(19) of the United States Housing Act of 1937: 

6 Provided, That the Secretary of Housing and Urban 

7 Development shall make such funding available, not8 withstanding section 203 (competition provision) of 

9 this title, to public housing agencies that partner 

10 with eligible VA Medical Centers or other entities as 

11 designated by the Secretary of the Department of 

12 Veterans Affairs, based on geographical need for 

13 such assistance as identified by the Secretary of the 

14 Department of Veterans Affairs, public housing 

15 agency administrative performance, and other fac16 tors as specified by the Secretary of Housing and 

17 Urban Development in consultation with the Sec18 retary of the Department of Veterans Affairs: Pro19 vided further, That the Secretary of Housing and 

20 Urban Development may waive, or specify alter21 native requirements for (in consultation with the 

22 Secretary of the Department of Veterans Affairs), 

23 any provision of any statute or regulation that the 

24 Secretary of Housing and Urban Development ad25 ministers in connection with the use of funds made 
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1 available under this paragraph (except for require2 ments related to fair housing, nondiscrimination, 

3 labor standards, and the environment), upon a find4 ing by the Secretary that any such waivers or alter5 native requirements are necessary for the effective 

6 delivery and administration of such voucher assist7 ance: Provided further, That assistance made avail8 able under this paragraph shall continue to remain 

9 available for homeless veterans upon turn-over; 

10 (7) $20,000,000 shall be made available for 

11 new incremental voucher assistance through the 

12 family unification program as authorized by section 

13 8(x) of the Act: Provided, That the assistance made 

14 available under this paragraph shall continue to re15 main available for family unification upon turnover: 

16 Provided further, That for any public housing agency 

17 administering voucher assistance appropriated in a 

18 prior Act under the family unification program that 

19 determines that it no longer has an identified need 

20 for such assistance upon turnover, such agency shall 

21 notify the Secretary, and the Secretary shall recap22 ture such assistance from the agency and reallocate 

23 it to any other public housing agency or agencies 

24 based on need for voucher assistance in connection 

25 with such program; and 
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1 (8) the Secretary shall separately track all spe2 cial purpose vouchers funded under this heading. 

3 HOUSING CERTIFICATE FUND

4 (INCLUDING RESCISSIONS)

5 Unobligated balances, including recaptures and car6 ryover, remaining from funds appropriated to the Depart7 ment of Housing and Urban Development under this 

8 heading, the heading ‘‘Annual Contributions for Assisted 

9 Housing’’ and the heading ‘‘Project-Based Rental Assist10 ance’’, for fiscal year 2018 and prior years may be used 

11 for renewal of or amendments to section 8 project-based 

12 contracts and for performance-based contract administra13 tors, notwithstanding the purposes for which such funds 

14 were appropriated: Provided, That any obligated balances 

15 of contract authority from fiscal year 1974 and prior that 

16 have been terminated shall be rescinded: Provided further, 

17 That amounts heretofore recaptured, or recaptured during 

18 the current fiscal year, from section 8 project-based con19 tracts from source years fiscal year 1975 through fiscal 

20 year 1987 are hereby rescinded, and an amount of addi21 tional new budget authority, equivalent to the amount re22 scinded is hereby appropriated, to remain available until 

23 expended, for the purposes set forth under this heading, 

24 in addition to amounts otherwise available. 
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1 PUBLIC HOUSING CAPITAL FUND

2 For the Public Housing Capital Fund Program to 

3 carry out capital and management activities for public 

4 housing agencies, as authorized under section 9 of the 

5 United States Housing Act of 1937 (42 U.S.C. 1437g) 

6 (the ‘‘Act’’) $1,945,000,000, to remain available until 

7 September 30, 2021: Provided, That notwithstanding any 

8 other provision of law or regulation, during fiscal year 

9 2018, the Secretary of Housing and Urban Development 

10 may not delegate to any Department official other than 

11 the Deputy Secretary and the Assistant Secretary for 

12 Public and Indian Housing any authority under paragraph 

13 (2) of section 9(j) regarding the extension of the time peri14 ods under such section: Provided further, That for pur15 poses of such section 9(j), the term ‘‘obligate’’ means, with 

16 respect to amounts, that the amounts are subject to a 

17 binding agreement that will result in outlays, immediately 

18 or in the future: Provided further, That up to $8,300,000 

19 shall be to support ongoing public housing financial and 

20 physical assessment activities: Provided further, That up 

21 to $1,000,000 shall be to support the costs of administra22 tive and judicial receiverships: Provided further, That of 

23 the total amount provided under this heading, not to ex24 ceed $21,500,000 shall be available for the Secretary to 

25 make grants, notwithstanding section 203 of this Act, to 
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1 public housing agencies for emergency capital needs in2 cluding safety and security measures necessary to address 

3 crime and drug-related activity as well as needs resulting 

4 from unforeseen or unpreventable emergencies and nat5 ural disasters excluding Presidentially declared emer6 gencies and natural disasters under the Robert T. Stafford 

7 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 

8 seq.) occurring in fiscal year 2018: Provided further, That 

9 of the amount made available under the previous proviso, 

10 not less than $5,000,000 shall be for safety and security 

11 measures: Provided further, That in addition to the 

12 amount in the previous proviso for such safety and secu13 rity measures, any amounts that remain available, after 

14 all applications received on or before September 30, 2019, 

15 for emergency capital needs have been processed, shall be 

16 allocated to public housing agencies for such safety and 

17 security measures: Provided further, That of the total 

18 amount provided under this heading, $25,000,000 shall be 

19 for supportive services, service coordinators and con20 gregate services as authorized by section 34 of the Act 

21 (42 U.S.C. 1437z–6) and the Native American Housing 

22 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

23 4101 et seq.): Provided further, That of the total amount 

24 made available under this heading, $15,000,000 shall be 

25 for a Jobs-Plus initiative modeled after the Jobs-Plus 
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1 demonstration: Provided further, That the funding pro2 vided under the previous proviso shall provide competitive 

3 grants to partnerships between public housing authorities, 

4 local workforce investment boards established under sec5 tion 117 of the Workforce Investment Act of 1998, and 

6 other agencies and organizations that provide support to 

7 help public housing residents obtain employment and in8 crease earnings: Provided further, That applicants must 

9 demonstrate the ability to provide services to residents, 

10 partner with workforce investment boards, and leverage 

11 service dollars: Provided further, That the Secretary may 

12 allow public housing agencies to request exemptions from 

13 rent and income limitation requirements under sections 3 

14 and 6 of the United States Housing Act of 1937 as nec15 essary to implement the Jobs-Plus program, on such 

16 terms and conditions as the Secretary may approve upon 

17 a finding by the Secretary that any such waivers or alter18 native requirements are necessary for the effective imple19 mentation of the Jobs-Plus initiative as a voluntary pro20 gram for residents: Provided further, That the Secretary 

21 shall publish by notice in the Federal Register any waivers 

22 or alternative requirements pursuant to the preceding pro23 viso no later than 10 days before the effective date of such 

24 notice: Provided further, That for funds provided under 

25 this heading, the limitation in section 9(g)(1) of the Act 
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1 shall be 25 percent: Provided further, That the Secretary 

2 may waive the limitation in the previous proviso to allow 

3 public housing agencies to fund activities authorized under 

4 section 9(e)(1)(C) of the Act: Provided further, That the 

5 Secretary shall notify public housing agencies requesting 

6 waivers under the previous proviso if the request is ap7 proved or denied within 14 days of submitting the request: 

8 Provided further, That from the funds made available 

9 under this heading, the Secretary shall provide bonus 

10 awards in fiscal year 2018 to public housing agencies that 

11 are designated high performers: Provided further, That the 

12 Department shall notify public housing agencies of their 

13 formula allocation within 60 days of enactment of this Act. 

14 PUBLIC HOUSING OPERATING FUND

15 For 2018 payments to public housing agencies for the 

16 operation and management of public housing, as author17 ized by section 9(e) of the United States Housing Act of 

18 1937 (42 U.S.C. 1437g(e)), $4,500,000,000, to remain 

19 available until September 30, 2019. 

20 CHOICE NEIGHBORHOODS INITIATIVE

21 For competitive grants under the Choice Neighbor22 hoods Initiative (subject to section 24 of the United States 

23 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

24 specified under this heading), for transformation, rehabili25 tation, and replacement housing needs of both public and 
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1 HUD-assisted housing and to transform neighborhoods of 

2 poverty into functioning, sustainable mixed income neigh3 borhoods with appropriate services, schools, public assets, 

4 transportation and access to jobs, $50,000,000, to remain 

5 available until September 30, 2020: Provided, That grant 

6 funds may be used for resident and community services, 

7 community development, and affordable housing needs in 

8 the community, and for conversion of vacant or foreclosed 

9 properties to affordable housing: Provided further, That 

10 the use of funds made available under this heading shall 

11 not be deemed to be public housing notwithstanding sec12 tion 3(b)(1) of such Act: Provided further, That grantees 

13 shall commit to an additional period of affordability deter14 mined by the Secretary of not fewer than 20 years: Pro15 vided further, That grantees shall provide a match in 

16 State, local, other Federal or private funds: Provided fur17 ther, That grantees may include local governments, tribal 

18 entities, public housing agencies, and nonprofits: Provided 

19 further, That for-profit developers may apply jointly with 

20 a public entity: Provided further, That for purposes of en21 vironmental review, a grantee shall be treated as a public 

22 housing agency under section 26 of the United States 

23 Housing Act of 1937 (42 U.S.C. 1437x), and grants under 

24 this heading shall be subject to the regulations issued by 

25 the Secretary to implement such section: Provided further, 
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1 That of the amount provided, not less than $25,000,000 

2 shall be awarded to public housing agencies: Provided fur3 ther, That such grantees shall create partnerships with 

4 other local organizations including assisted housing own5 ers, service agencies, and resident organizations: Provided 

6 further, That the Secretary shall consult with the Secre7 taries of Education, Labor, Transportation, Health and 

8 Human Services, Agriculture, and Commerce, the Attor9 ney General, and the Administrator of the Environmental 

10 Protection Agency to coordinate and leverage other appro11 priate Federal resources: Provided further, That no more 

12 than $5,000,000 of funds made available under this head13 ing may be provided as grants to undertake comprehensive 

14 local planning with input from residents and the commu15 nity: Provided further, That unobligated balances, includ16 ing recaptures and remaining from funds appropriated 

17 under the heading ‘‘Revitalization of Severely Distressed 

18 Public Housing (HOPE VI)’’ in fiscal year 2011 and prior 

19 fiscal years may be used for purposes under this heading, 

20 notwithstanding the purposes for which such amounts 

21 were appropriated. 

22 FAMILY SELF-SUFFICIENCY

23 For the Family Self-Sufficiency program to support 

24 family self-sufficiency coordinators under section 23 of the 

25 United States Housing Act of 1937, to promote the devel-
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1 opment of local strategies to coordinate the use of assist2 ance under sections 8(o) and 9 of such Act with public 

3 and private resources, and enable eligible families to 

4 achieve economic independence and self-sufficiency, 

5 $75,000,000, to remain available until September 30, 

6 2019: Provided, That the Secretary may, by Federal Reg7 ister notice, waive or specify alternative requirements 

8 under sections b(3), b(4), b(5), or c(1) of section 23 of 

9 such Act in order to facilitate the operation of a unified 

10 self-sufficiency program for individuals receiving assist11 ance under different provisions of the Act, as determined 

12 by the Secretary: Provided further, That owners of a pri13 vately owned multifamily property with a section 8 con14 tract may voluntarily make a Family Self-Sufficiency pro15 gram available to the assisted tenants of such property 

16 in accordance with procedures established by the Sec17 retary: Provided further, That such procedures established 

18 pursuant to the previous proviso shall permit participating 

19 tenants to accrue escrow funds in accordance with section 

20 23(d)(2) and shall allow owners to use funding from resid21 ual receipt accounts to hire coordinators for their own 

22 Family Self-Sufficiency program. 

23 NATIVE AMERICAN HOUSING BLOCK GRANTS

24 For the Native American Housing Block Grants pro25 gram, as authorized under title I of the Native American 
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1 Housing Assistance and Self-Determination Act of 1996 

2 (NAHASDA) (25 U.S.C. 4111 et seq.), $655,000,000, to 

3 remain available until September 30, 2022: Provided, 

4 That, notwithstanding NAHASDA, to determine the 

5 amount of the allocation under title I of such Act for each 

6 Indian tribe, the Secretary shall apply the formula under 

7 section 302 of such Act with the need component based 

8 on single-race census data and with the need component 

9 based on multi-race census data, and the amount of the 

10 allocation for each Indian tribe shall be the greater of the 

11 two resulting allocation amounts: Provided further, That 

12 of the amounts made available under this heading, 

13 $7,000,000 shall be for providing training and technical 

14 assistance to Indian housing authorities and tribally des15 ignated housing entities, to support the inspection of In16 dian housing units, contract expertise, and for training 

17 and technical assistance related to funding provided under 

18 this heading and other headings under this Act for the 

19 needs of Native American families and Indian country: 

20 Provided further, That amounts made available under the 

21 previous proviso may be used, contracted, or competed as 

22 determined by the Secretary: Provided further, That of the 

23 amount provided under this heading, $2,000,000 shall be 

24 made available for the cost of guaranteed notes and other 

25 obligations, as authorized by title VI of NAHASDA: Pro-
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1 vided further, That such costs, including the costs of modi2 fying such notes and other obligations, shall be as defined 

3 in section 502 of the Congressional Budget Act of 1974, 

4 as amended: Provided further, That these funds are avail5 able to subsidize the total principal amount of any notes 

6 and other obligations, any part of which is to be guaran7 teed, not to exceed $17,391,304: Provided further, That 

8 the Department will notify grantees of their formula allo9 cation within 60 days of the date of enactment of this Act: 

10 Provided further, That no Indian tribe shall receive an al11 location amount greater than 10 percent of the total 

12 amount made available under this paragraph. 

13 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

14 ACCOUNT

15 For the cost of guaranteed loans, as authorized by 

16 section 184 of the Housing and Community Development 

17 Act of 1992 (12 U.S.C. 1715z–13a), $1,000,000, to re18 main available until expended: Provided, That such costs, 

19 including the costs of modifying such loans, shall be as 

20 defined in section 502 of the Congressional Budget Act 

21 of 1974: Provided further, That these funds are available 

22 to subsidize total loan principal, any part of which is to 

23 be guaranteed, up to $270,270,270, to remain available 

24 until expended: Provided further, That up to $750,000 of 

25 this amount may be for administrative contract expenses 
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1 including management processes and systems to carry out 

2 the loan guarantee program. 

3 NATIVE HAWAIIAN HOUSING BLOCK GRANT

4 For the Native Hawaiian Housing Block Grant pro5 gram, as authorized under title VIII of the Native Amer6 ican Housing Assistance and Self-Determination Act of 

7 1996 (25 U.S.C. 4111 et seq.), $1,000,000 to remain 

8 available until September 30, 2019: Provided, That not9 withstanding section 812(b) of such Act, the Department 

10 of Hawaiian Home Lands may not invest grant amounts 

11 provided under this heading in investment securities and 

12 other obligations: Provided further, That the language 

13 under the first proviso under the heading ‘‘Native Hawai14 ian Housing Block Grant’’ in the Department of Housing 

15 and Urban Development Appropriations Act, 2015 (Public 

16 Law 113–235) is amended by striking ‘‘Hawaii-based’’: 

17 Provided further, That amounts made available under this 

18 heading in this and prior fiscal years may be used to pro19 vide rental assistance to eligible Native Hawaiian families 

20 both on and off the Hawaiian Home Lands, notwith21 standing any other provision of law. 

22 COMMUNITY PLANNING AND DEVELOPMENT

23 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

24 For carrying out the Housing Opportunities for Per25 sons with AIDS program, as authorized by the AIDS 
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1 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

2 $330,000,000, to remain available until September 30, 

3 2019, except that amounts allocated pursuant to section 

4 854(c)(5) of such Act shall remain available until Sep5 tember 30, 2020: Provided, That the Secretary shall renew 

6 all expiring contracts for permanent supportive housing 

7 that initially were funded under competitive grants from 

8 funds made available under this heading in fiscal year 

9 2010 and prior fiscal years that meet all program require10 ments before awarding funds for new contracts under sec11 tion 854(c)(5) of such Act: Provided further, That the De12 partment shall notify grantees of their formula allocation 

13 within 60 days of enactment of this Act. 

14 COMMUNITY DEVELOPMENT FUND

15 For assistance to units of State and local govern16 ment, and to other entities, for economic and community 

17 development activities, and for other purposes, 

18 $3,060,000,000, to remain available until September 30, 

19 2020, unless otherwise specified: Provided, That of the 

20 total amount provided, $3,000,000,000 is for carrying out 

21 the community development block grant program under 

22 title I of the Housing and Community Development Act 

23 of 1974, as amended (‘‘the Act’’ herein) (42 U.S.C. 5301 

24 et seq.): Provided further, That unless explicitly provided 

25 for under this heading, not to exceed 20 percent of any 
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1 grant made with funds appropriated under this heading 

2 shall be expended for planning and management develop3 ment and administration: Provided further, That a metro4 politan city, urban county, unit of general local govern5 ment, Indian tribe, or insular area that directly or indi6 rectly receives funds under this heading may not sell, 

7 trade, or otherwise transfer all or any portion of such 

8 funds to another such entity in exchange for any other 

9 funds, credits or non-Federal considerations, but must use 

10 such funds for activities eligible under title I of the Act: 

11 Provided further, That notwithstanding section 105(e)(1) 

12 of the Act, no funds provided under this heading may be 

13 provided to a for-profit entity for an economic develop14 ment project under section 105(a)(17) unless such project 

15 has been evaluated and selected in accordance with guide16 lines required under subparagraph (e)(2): Provided fur17 ther, That the Department shall notify grantees of their 

18 formula allocation within 60 days of enactment of this Act: 

19 Provided further, That of the total amount provided under 

20 this heading, $60,000,000 shall be for grants to Indian 

21 tribes notwithstanding section 106(a)(1) of such Act, of 

22 which, notwithstanding any other provision of law (includ23 ing section 203 of this Act), up to $4,000,000 may be 

24 used for emergencies that constitute imminent threats to 

25 health and safety. 
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1 COMMUNITY DEVELOPMENT LOAN GUARANTEES

2 PROGRAM ACCOUNT

3 Subject to section 502 of the Congressional Budget 

4 Act of 1974, during fiscal year 2018, commitments to 

5 guarantee loans under section 108 of the Housing and 

6 Community Development Act of 1974 (42 U.S.C. 5308), 

7 any part of which is guaranteed, shall not exceed a total 

8 principal amount of $300,000,000, notwithstanding any 

9 aggregate limitation on outstanding obligations guaran10 teed in subsection (k) of such section 108: Provided, That 

11 the Secretary shall collect fees from borrowers, notwith12 standing subsection (m) of such section 108, to result in 

13 a credit subsidy cost of zero for guaranteeing such loans, 

14 and any such fees shall be collected in accordance with 

15 section 502(7) of the Congressional Budget Act of 1974. 

16 HOME INVESTMENT PARTNERSHIPS PROGRAM

17 For the HOME Investment Partnerships program, as 

18 authorized under title II of the Cranston-Gonzalez Na19 tional Affordable Housing Act, as amended, 

20 $950,000,000, to remain available until September 30, 

21 2021: Provided, That notwithstanding the amount made 

22 available under this heading, the threshold reduction re23 quirements in sections 216(10) and 217(b)(4) of such Act 

24 shall not apply to allocations of such amount: Provided 
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1 further, That the Department shall notify grantees of their 

2 formula allocation within 60 days of enactment of this Act. 

3 SELF-HELP AND ASSISTED HOMEOWNERSHIP

4 OPPORTUNITY PROGRAM

5 For the Self-Help and Assisted Homeownership Op6 portunity Program, as authorized under section 11 of the 

7 Housing Opportunity Program Extension Act of 1996, as 

8 amended, $50,000,000, to remain available until Sep9 tember 30, 2020: Provided, That of the total amount pro10 vided under this heading, $10,000,000 shall be made 

11 available to the Self-Help Homeownership Opportunity 

12 Program as authorized under section 11 of the Housing 

13 Opportunity Program Extension Act of 1996, as amended: 

14 Provided further, That of the total amount provided under 

15 this heading, $35,000,000 shall be made available for the 

16 second, third, and fourth capacity building activities au17 thorized under section 4(a) of the HUD Demonstration 

18 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

19 $5,000,000 shall be made available for rural capacity 

20 building activities: Provided further, That of the total 

21 amount provided under this heading, $5,000,000 shall be 

22 made available for capacity building by national rural 

23 housing organizations with experience assessing national 

24 rural conditions and providing financing, training, tech25 nical assistance, information, and research to local non-
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1 profits, local governments, and Indian Tribes serving high 

2 need rural communities: Provided further, That an addi3 tional $4,000,000, to remain available until expended, 

4 shall be for a program to rehabilitate and modify homes 

5 of disabled or low-income veterans, as authorized under 

6 section 1079 of Public Law 113–291. 

7 HOMELESS ASSISTANCE GRANTS

8 For the Emergency Solutions Grants program as au9 thorized under subtitle B of title IV of the McKinney10 Vento Homeless Assistance Act, as amended; the Con11 tinuum of Care program as authorized under subtitle C 

12 of title IV of such Act; and the Rural Housing Stability 

13 Assistance program as authorized under subtitle D of title 

14 IV of such Act, $2,456,000,000, to remain available until 

15 September 30, 2020: Provided, That any rental assistance 

16 amounts that are recaptured under such Continuum of 

17 Care program shall remain available until expended: Pro18 vided further, That not less than $270,000,000 of the 

19 funds appropriated under this heading shall be available 

20 for such Emergency Solutions Grants program: Provided 

21 further, That not less than $2,099,000,000 of the funds 

22 appropriated under this heading shall be available for such 

23 Continuum of Care and Rural Housing Stability Assist24 ance programs: Provided further, That of the amounts 

25 made available under this heading, up to $25,000,000 
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1 shall be made available for grants for rapid re-housing 

2 projects and supportive service projects providing coordi3 nated entry, and for eligible activities the Secretary deter4 mines to be critical in order to assist survivors of domestic 

5 violence, dating violence, and stalking: Provided further, 

6 That such projects shall be eligible for renewal under the 

7 continuum of care program subject to the same terms and 

8 conditions as other renewal applicants: Provided further, 

9 That up to $7,000,000 of the funds appropriated under 

10 this heading shall be available for the national homeless 

11 data analysis project: Provided further, That all funds 

12 awarded for supportive services under the Continuum of 

13 Care program and the Rural Housing Stability Assistance 

14 program shall be matched by not less than 25 percent in 

15 cash or in kind by each grantee: Provided further, That 

16 for all match requirements applicable to funds made avail17 able under this heading for this fiscal year and prior years, 

18 a grantee may use (or could have used) as a source of 

19 match funds other funds administered by the Secretary 

20 and other Federal agencies unless there is (or was) a spe21 cific statutory prohibition on any such use of any such 

22 funds: Provided further, That the Secretary shall collect 

23 system performance measures for each continuum of care, 

24 and that relative to fiscal year 2015, under the Continuum 

25 of Care competition with respect to funds made available 
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1 under this heading, the Secretary shall base an increasing 

2 share of the score on performance criteria: Provided fur3 ther, That none of the funds provided under this heading 

4 shall be available to provide funding for new projects, ex5 cept for projects created through reallocation, unless the 

6 Secretary determines that the continuum of care has dem7 onstrated that projects are evaluated and ranked based 

8 on the degree to which they improve the continuum of 

9 care’s system performance: Provided further, That the 

10 Secretary shall prioritize funding under the Continuum of 

11 Care program to continuums of care that have dem12 onstrated a capacity to reallocate funding from lower per13 forming projects to higher performing projects: Provided 

14 further, That all awards of assistance under this heading 

15 shall be required to coordinate and integrate homeless pro16 grams with other mainstream health, social services, and 

17 employment programs for which homeless populations 

18 may be eligible: Provided further, That any unobligated 

19 amounts remaining from funds appropriated under this 

20 heading in fiscal year 2012 and prior years for project21 based rental assistance for rehabilitation projects with 10- 

22 year grant terms may be used for purposes under this 

23 heading, notwithstanding the purposes for which such 

24 funds were appropriated: Provided further, That all bal25 ances for Shelter Plus Care renewals previously funded 
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1 from the Shelter Plus Care Renewal account and trans2 ferred to this account shall be available, if recaptured, for 

3 Continuum of Care renewals in fiscal year 2018: Provided 

4 further, That the Department shall notify grantees of their 

5 formula allocation from amounts allocated (which may 

6 represent initial or final amounts allocated) for the Emer7 gency Solutions Grant program within 60 days of enact8 ment of this Act: Provided further, That up to 

9 $55,000,000 of the funds appropriated under this heading 

10 shall be to implement projects to demonstrate how a com11 prehensive approach to serving homeless youth, age 24 

12 and under, in up to 15 communities, including at least 

13 five communities with substantial rural populations, can 

14 dramatically reduce youth homelessness: Provided further, 

15 That of the amount made available under the previous 

16 proviso, up to $5,000,000 shall be available to provide 

17 technical assistance on youth homelessness, and collection, 

18 analysis, and reporting of data and performance measures 

19 under the comprehensive approaches to serve homeless 

20 youth, in addition to and in coordination with other tech21 nical assistance funds provided under this title: Provided 

22 further, That such projects shall be eligible for renewal 

23 under the continuum of care program subject to the same 

24 terms and conditions as other renewal applicants: Pro25 vided further, That youth aged 24 and under seeking as-
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1 sistance under this heading shall not be required to pro2 vide third party documentation to establish their eligibility 

3 under 42 U.S.C. 11302(a) or (b) to receive services: Pro4 vided further, That unaccompanied youth aged 24 and 

5 under or families headed by youth aged 24 and under who 

6 are living in unsafe situations may be served by youth7 serving providers funded under this heading. 

8 HOUSING PROGRAMS

9 RENTAL ASSISTANCE DEMONSTRATION

10 For continuing activities under the heading ‘‘Rental 

11 Assistance Demonstration’’ in the Department of Housing 

12 and Urban Development Appropriations Act, 2012 (Public 

13 Law 112–55), $4,000,000, to remain available until Sep14 tember 30, 2021: Provided, That such funds shall only be 

15 available to properties converting from assistance under 

16 section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 

17 1701q(c)(2)). 

18 PROJECT-BASED RENTAL ASSISTANCE

19 For activities and assistance for the provision of 

20 project-based subsidy contracts under the United States 

21 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

22 Act’’), not otherwise provided for, $11,107,000,000, to re23 main available until expended, shall be available on Octo24 ber 1, 2017 (in addition to the $400,000,000 previously 

25 appropriated under this heading that became available Oc-
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1 tober 1, 2017), and $400,000,000, to remain available 

2 until expended, shall be available on October 1, 2018: Pro3 vided, That the amounts made available under this head4 ing shall be available for expiring or terminating section 

5 8 project-based subsidy contracts (including section 8 

6 moderate rehabilitation contracts), for amendments to sec7 tion 8 project-based subsidy contracts (including section 

8 8 moderate rehabilitation contracts), for contracts entered 

9 into pursuant to section 441 of the McKinney-Vento 

10 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

11 of section 8 contracts for units in projects that are subject 

12 to approved plans of action under the Emergency Low In13 come Housing Preservation Act of 1987 or the Low-In14 come Housing Preservation and Resident Homeownership 

15 Act of 1990, and for administrative and other expenses 

16 associated with project-based activities and assistance 

17 funded under this paragraph: Provided further, That of 

18 the total amounts provided under this heading, not to ex19 ceed $285,000,000 shall be available for performance20 based contract administrators for section 8 project-based 

21 assistance, for carrying out 42 U.S.C. 1437(f): Provided 

22 further, That the Secretary of Housing and Urban Devel23 opment may also use such amounts in the previous proviso 

24 for performance-based contract administrators for the ad25 ministration of: interest reduction payments pursuant to 
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1 section 236(a) of the National Housing Act (12 U.S.C. 

2 1715z–1(a)); rent supplement payments pursuant to sec3 tion 101 of the Housing and Urban Development Act of 

4 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assist5 ance payments (12 U.S.C. 1715z–1(f)(2)); project rental 

6 assistance contracts for the elderly under section 

7 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); 

8 project rental assistance contracts for supportive housing 

9 for persons with disabilities under section 811(d)(2) of the 

10 Cranston-Gonzalez National Affordable Housing Act (42 

11 U.S.C. 8013(d)(2)); project assistance contracts pursuant 

12 to section 202(h) of the Housing Act of 1959 (Public Law 

13 86–372; 73 Stat. 667); and loans under section 202 of 

14 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

15 667): Provided further, That amounts recaptured under 

16 this heading, the heading ‘‘Annual Contributions for As17 sisted Housing’’, or the heading ‘‘Housing Certificate 

18 Fund’’, may be used for renewals of or amendments to 

19 section 8 project-based contracts or for performance-based 

20 contract administrators, notwithstanding the purposes for 

21 which such amounts were appropriated: Provided further, 

22 That, notwithstanding any other provision of law, upon 

23 the request of the Secretary of Housing and Urban Devel24 opment, project funds that are held in residual receipts 

25 accounts for any project subject to a section 8 project- 
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1 based Housing Assistance Payments contract that author2 izes HUD or a Housing Finance Agency to require that 

3 surplus project funds be deposited in an interest-bearing 

4 residual receipts account and that are in excess of an 

5 amount to be determined by the Secretary, shall be remit6 ted to the Department and deposited in this account, to 

7 be available until expended: Provided further, That 

8 amounts deposited pursuant to the previous proviso shall 

9 be available in addition to the amount otherwise provided 

10 by this heading for uses authorized under this heading. 

11 HOUSING FOR THE ELDERLY

12 For amendments to capital advance contracts, for 

13 housing for the elderly, as authorized by section 202 of 

14 the Housing Act of 1959, as amended, and for project 

15 rental assistance for the elderly under section 202(c)(2) 

16 of such Act, including amendments to contracts for such 

17 assistance and renewal of expiring contracts for such as18 sistance for up to a 1-year term, and for senior preserva19 tion rental assistance contracts, including renewals, as au20 thorized by section 811(e) of the American Housing and 

21 Economic Opportunity Act of 2000, as amended, and for 

22 supportive services associated with the housing, 

23 $573,000,000 to remain available until September 30, 

24 2021: Provided, That of the amount provided under this 

25 heading, up to $90,000,000 shall be for service coordina-
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1 tors and the continuation of existing congregate service 

2 grants for residents of assisted housing projects: Provided 

3 further, That amounts under this heading shall be avail4 able for Real Estate Assessment Center inspections and 

5 inspection-related activities associated with section 202 

6 projects: Provided further, That the Secretary may waive 

7 the provisions of section 202 governing the terms and con8 ditions of project rental assistance, except that the initial 

9 contract term for such assistance shall not exceed 5 years 

10 in duration: Provided further, That upon request of the 

11 Secretary of Housing and Urban Development, project 

12 funds that are held in residual receipts accounts for any 

13 project subject to a section 202 project rental assistance 

14 contract, and that upon termination of such contract are 

15 in excess of an amount to be determined by the Secretary, 

16 shall be remitted to the Department and deposited in this 

17 account, to be available until September 30, 2021: Pro18 vided further, That amounts deposited in this account pur19 suant to the previous proviso shall be available, in addition 

20 to the amounts otherwise provided by this heading, for 

21 amendments and renewals: Provided further, That unobli22 gated balances, including recaptures and carryover, re23 maining from funds transferred to or appropriated under 

24 this heading shall be available for amendments and renew-
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1 als notwithstanding the purposes for which such funds 

2 originally were appropriated. 

3 HOUSING FOR PERSONS WITH DISABILITIES

4 For amendments to capital advance contracts for 

5 supportive housing for persons with disabilities, as author6 ized by section 811 of the Cranston-Gonzalez National Af7 fordable Housing Act (42 U.S.C. 8013), for project rental 

8 assistance for supportive housing for persons with disabil9 ities under section 811(d)(2) of such Act, for project as10 sistance contracts pursuant to section 202(h) of the Hous11 ing Act of 1959 (Public Law 86–372; 73 Stat. 667), in12 cluding amendments to contracts for such assistance and 

13 renewal of expiring contracts for such assistance for up 

14 to a 1-year term, for project rental assistance to State 

15 housing finance agencies and other appropriate entities, 

16 as authorized under section 811(b)(3) of the Cranston17 Gonzalez National Housing Act, and for supportive serv18 ices associated with the housing for persons with disabil19 ities, as authorized by section 811(b)(1) of such Act, 

20 $147,00,000, to remain available until September 30, 

21 2021: Provided, That amounts made available under this 

22 heading shall be available for Real Estate Assessment 

23 Center inspections and inspection-related activities associ24 ated with section 811 projects: Provided further, That, in 

25 this fiscal year, upon the request of the Secretary of Hous-
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1 ing and Urban Development, project funds that are held 

2 in residual receipts accounts for any project subject to a 

3 section 811 project rental assistance contract and that 

4 upon termination of such contract are in excess of an 

5 amount to be determined by the Secretary shall be remit6 ted to the Department and deposited in this account, to 

7 be available until September 30, 2021: Provided further, 

8 That amounts deposited in this account pursuant to the 

9 previous proviso shall be available in addition to the 

10 amounts otherwise provided by this heading for amend11 ments and renewals: Provided further, That unobligated 

12 balances, including recaptures and carryover, remaining 

13 from funds transferred to or appropriated under this 

14 heading shall be used for amendments and renewals not15 withstanding the purposes for which such funds originally 

16 were appropriated. 

17 HOUSING COUNSELING ASSISTANCE

18 For contracts, grants, and other assistance excluding 

19 loans, as authorized under section 106 of the Housing and 

20 Urban Development Act of 1968, as amended, 

21 $47,000,000, to remain available until September 30, 

22 2019, including up to $4,500,000 for administrative con23 tract services: Provided, That grants made available from 

24 amounts provided under this heading shall be awarded 

25 within 180 days of enactment of this Act: Provided further, 
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1 That funds shall be used for providing counseling and ad2 vice to tenants and homeowners, both current and pro3 spective, with respect to property maintenance, financial 

4 management or literacy, and such other matters as may 

5 be appropriate to assist them in improving their housing 

6 conditions, meeting their financial needs, and fulfilling the 

7 responsibilities of tenancy or homeownership; for program 

8 administration; and for housing counselor training: Pro9 vided further, That for purposes of providing such grants 

10 from amounts provided under this heading, the Secretary 

11 may enter into multiyear agreements, as appropriate, sub12 ject to the availability of annual appropriations. 

13 RENTAL HOUSING ASSISTANCE

14 For amendments to contracts under section 101 of 

15 the Housing and Urban Development Act of 1965 (12 

16 U.S.C. 1701s) and section 236(f)(2) of the National 

17 Housing Act (12 U.S.C. 1715z–1) in State-aided, non18 insured rental housing projects, $14,000,000, to remain 

19 available until expended: Provided, That such amount, to20 gether with unobligated balances from recaptured 

21 amounts appropriated prior to fiscal year 2006 from ter22 minated contracts under such sections of law, and any un23 obligated balances, including recaptures and carryover, re24 maining from funds appropriated under this heading after 

25 fiscal year 2005, shall also be available for extensions of 
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1 up to one year for expiring contracts under such sections 

2 of law. 

3 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

4 FUND

5 For necessary expenses as authorized by the National 

6 Manufactured Housing Construction and Safety Stand7 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

8 $11,000,000, to remain available until expended, of which 

9 $11,000,000 is to be derived from the Manufactured 

10 Housing Fees Trust Fund: Provided, That not to exceed 

11 the total amount appropriated under this heading shall be 

12 available from the general fund of the Treasury to the ex13 tent necessary to incur obligations and make expenditures 

14 pending the receipt of collections to the Fund pursuant 

15 to section 620 of such Act: Provided further, That the 

16 amount made available under this heading from the gen17 eral fund shall be reduced as such collections are received 

18 during fiscal year 2018 so as to result in a final fiscal 

19 year 2018 appropriation from the general fund estimated 

20 at zero, and fees pursuant to such section 620 shall be 

21 modified as necessary to ensure such a final fiscal year 

22 2018 appropriation: Provided further, That for the dispute 

23 resolution and installation programs, the Secretary of 

24 Housing and Urban Development may assess and collect 

25 fees from any program participant: Provided further, That 
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1 such collections shall be deposited into the Fund, and the 

2 Secretary, as provided herein, may use such collections, 

3 as well as fees collected under section 620, for necessary 

4 expenses of such Act: Provided further, That, notwith5 standing the requirements of section 620 of such Act, the 

6 Secretary may carry out responsibilities of the Secretary 

7 under such Act through the use of approved service pro8 viders that are paid directly by the recipients of their serv9 ices. 

10 FEDERAL HOUSING ADMINISTRATION

11 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

12 New commitments to guarantee single family loans 

13 insured under the Mutual Mortgage Insurance Fund shall 

14 not exceed $400,000,000,000, to remain available until 

15 September 30, 2019: Provided, That during fiscal year 

16 2018, obligations to make direct loans to carry out the 

17 purposes of section 204(g) of the National Housing Act, 

18 as amended, shall not exceed $5,000,000: Provided fur19 ther, That the foregoing amount in the previous proviso 

20 shall be for loans to nonprofit and governmental entities 

21 in connection with sales of single family real properties 

22 owned by the Secretary and formerly insured under the 

23 Mutual Mortgage Insurance Fund: Provided further, That 

24 for administrative contract expenses of the Federal Hous25 ing Administration, $130,000,000, to remain available 
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1 until September 30, 2019: Provided further, That to the 

2 extent guaranteed loan commitments exceed 

3 $200,000,000,000 on or before April 1, 2018, an addi4 tional $1,400 for administrative contract expenses shall be 

5 available for each $1,000,000 in additional guaranteed 

6 loan commitments (including a pro rata amount for any 

7 amount below $1,000,000), but in no case shall funds 

8 made available by this proviso exceed $30,000,000. 

9 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

10 New commitments to guarantee loans insured under 

11 the General and Special Risk Insurance Funds, as author12 ized by sections 238 and 519 of the National Housing Act 

13 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

14 $30,000,000,000 in total loan principal, any part of which 

15 is to be guaranteed, to remain available until September 

16 30, 2019: Provided, That during fiscal year 2018, gross 

17 obligations for the principal amount of direct loans, as au18 thorized by sections 204(g), 207(l), 238, and 519(a) of 

19 the National Housing Act, shall not exceed $5,000,000, 

20 which shall be for loans to nonprofit and governmental en21 tities in connection with the sale of single family real prop22 erties owned by the Secretary and formerly insured under 

23 such Act. 
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1 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

2 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

3 GUARANTEE PROGRAM ACCOUNT

4 New commitments to issue guarantees to carry out 

5 the purposes of section 306 of the National Housing Act, 

6 as amended (12 U.S.C. 1721(g)), shall not exceed 

7 $500,000,000,000, to remain available until September 

8 30, 2019: Provided, That $24,000,000 shall be available 

9 for necessary salaries and expenses of the Office of Gov10 ernment National Mortgage Association: Provided further, 

11 That to the extent that guaranteed loan commitments ex12 ceed $155,000,000,000 on or before April 1, 2018, an ad13 ditional $100 for necessary salaries and expenses shall be 

14 available until expended for each $1,000,000 in additional 

15 guaranteed loan commitments (including a pro rata 

16 amount for any amount below $1,000,000), but in no case 

17 shall funds made available by this proviso exceed 

18 $3,000,000: Provided further, That receipts from Commit19 ment and Multiclass fees collected pursuant to title III of 

20 the National Housing Act, as amended, shall be credited 

21 as offsetting collections to this account. 

22 POLICY DEVELOPMENT AND RESEARCH

23 RESEARCH AND TECHNOLOGY

24 For contracts, grants, and necessary expenses of pro25 grams of research and studies relating to housing and 
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1 urban problems, not otherwise provided for, as authorized 

2 by title V of the Housing and Urban Development Act 

3 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

4 out the functions of the Secretary of Housing and Urban 

5 Development under section 1(a)(1)(i) of Reorganization 

6 Plan No. 2 of 1968, and for technical assistance, 

7 $85,000,000, to remain available until September 30, 

8 2019: Provided, That with respect to amounts made avail9 able under this heading, notwithstanding section 203 of 

10 this title, the Secretary may enter into cooperative agree11 ments funded with philanthropic entities, other Federal 

12 agencies, State or local governments and their agencies, 

13 or colleges or universities for research projects: Provided 

14 further, That with respect to the previous proviso, such 

15 partners to the cooperative agreements must contribute at 

16 least a 50 percent match toward the cost of the project: 

17 Provided further, That for non-competitive agreements en18 tered into in accordance with the previous two provisos, 

19 the Secretary of Housing and Urban Development shall 

20 comply with section 2(b) of the Federal Funding Account21 ability and Transparency Act of 2006 (Public Law 109– 

22 282, 31 U.S.C. note) in lieu of compliance with section 

23 102(a)(4)(C) with respect to documentation of award deci24 sions: Provided further, That prior to obligation of tech25 nical assistance funding, the Secretary shall submit a 
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1 plan, for approval, to the House and Senate Committees 

2 on Appropriations on how it will allocate funding for this 

3 activity: Provided further, That none of the funds provided 

4 under this heading may be available for the doctoral dis5 sertation research grant program. 

6 FAIR HOUSING AND EQUAL OPPORTUNITY

7 FAIR HOUSING ACTIVITIES

8 For contracts, grants, and other assistance, not oth9 erwise provided for, as authorized by title VIII of the Civil 

10 Rights Act of 1968, as amended by the Fair Housing 

11 Amendments Act of 1988, and section 561 of the Housing 

12 and Community Development Act of 1987, as amended, 

13 $65,300,000, to remain available until September 30, 

14 2019: Provided, That notwithstanding 31 U.S.C. 3302, 

15 the Secretary may assess and collect fees to cover the costs 

16 of the Fair Housing Training Academy, and may use such 

17 funds to provide such training: Provided further, That no 

18 funds made available under this heading shall be used to 

19 lobby the executive or legislative branches of the Federal 

20 Government in connection with a specific contract, grant, 

21 or loan: Provided further, That of the funds made available 

22 under this heading, $300,000 shall be available to the Sec23 retary of Housing and Urban Development for the cre24 ation and promotion of translated materials and other pro25 grams that support the assistance of persons with limited 
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1 English proficiency in utilizing the services provided by 

2 the Department of Housing and Urban Development. 

3 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

4 HOMES

5 LEAD HAZARD REDUCTION

6 For the Lead Hazard Reduction Program, as author7 ized by section 1011 of the Residential Lead-Based Paint 

8 Hazard Reduction Act of 1992, $160,000,000, to remain 

9 available until September 30, 2019, of which $30,000,000 

10 shall be for the Healthy Homes Initiative pursuant to sec11 tions 501 and 502 of the Housing and Urban Develop12 ment Act of 1970, that shall include research, studies, 

13 testing, and demonstration efforts, including education 

14 and outreach concerning lead-based paint poisoning and 

15 other housing-related diseases and hazards: Provided, 

16 That for purposes of environmental review, pursuant to 

17 the National Environmental Policy Act of 1969 (42 U.S.C. 

18 4321 et seq.) and other provisions of the law that further 

19 the purposes of such Act, a grant under the Healthy 

20 Homes Initiative, or the Lead Technical Studies program 

21 under this heading or under prior appropriations Acts for 

22 such purposes under this heading, shall be considered to 

23 be funds for a special project for purposes of section 

24 305(c) of the Multifamily Housing Property Disposition 

25 Reform Act of 1994: Provided further, That not less than 
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1 $65,000,000 of the amounts made available under this 

2 heading for the award of grants pursuant to section 1011 

3 of the Residential Lead-Based Paint Hazard Reduction 

4 Act of 1992 shall be provided to areas with the highest 

5 lead-based paint abatement needs: Provided further, That 

6 each applicant shall certify adequate capacity that is ac7 ceptable to the Secretary to carry out the proposed use 

8 of funds pursuant to a notice of funding availability: Pro9 vided further, That amounts made available under this 

10 heading in this or prior appropriations Acts, and that still 

11 remain available, may be used for any purpose under this 

12 heading notwithstanding the purpose for which such 

13 amounts were appropriated if a program competition is 

14 undersubscribed and there are other program competitions 

15 under this heading that are oversubscribed. 

16 INFORMATION TECHNOLOGY FUND

17 For the development of, modifications to, and infra18 structure for Department-wide and program-specific infor19 mation technology systems, for the continuing operation 

20 and maintenance of both Department-wide and program21 specific information systems, and for program-related 

22 maintenance activities, $250,000,000, shall remain avail23 able until September 30, 2019: Provided, That any 

24 amounts transferred to this Fund under this Act shall re25 main available until expended: Provided further, That any 
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1 amounts transferred to this Fund from amounts appro2 priated by previously enacted appropriations Acts may be 

3 used for the purposes specified under this Fund, in addi4 tion to any other information technology purposes for 

5 which such amounts were appropriated. 

6 OFFICE OF INSPECTOR GENERAL

7 For necessary salaries and expenses of the Office of 

8 Inspector General in carrying out the Inspector General 

9 Act of 1978, as amended, $126,000,000: Provided, That 

10 the Inspector General shall have independent authority 

11 over all personnel issues within this office. 

12 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

13 URBAN DEVELOPMENT

14 (INCLUDING TRANSFER OF FUNDS)

15 (INCLUDING RESCISSION)

16 SEC. 201. Fifty percent of the amounts of budget au17 thority, or in lieu thereof 50 percent of the cash amounts 

18 associated with such budget authority, that are recaptured 

19 from projects described in section 1012(a) of the Stewart 

20 B. McKinney Homeless Assistance Amendments Act of 

21 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 

22 case of cash, shall be remitted to the Treasury, and such 

23 amounts of budget authority or cash recaptured and not 

24 rescinded or remitted to the Treasury shall be used by 

25 State housing finance agencies or local governments or 
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1 local housing agencies with projects approved by the Sec2 retary of Housing and Urban Development for which set3 tlement occurred after January 1, 1992, in accordance 

4 with such section. Notwithstanding the previous sentence, 

5 the Secretary may award up to 15 percent of the budget 

6 authority or cash recaptured and not rescinded or remitted 

7 to the Treasury to provide project owners with incentives 

8 to refinance their project at a lower interest rate. 

9 SEC. 202. None of the amounts made available under 

10 this Act may be used during fiscal year 2018 to investigate 

11 or prosecute under the Fair Housing Act any otherwise 

12 lawful activity engaged in by one or more persons, includ13 ing the filing or maintaining of a nonfrivolous legal action, 

14 that is engaged in solely for the purpose of achieving or 

15 preventing action by a Government official or entity, or 

16 a court of competent jurisdiction. 

17 SEC. 203. Except as explicitly provided in law, any 

18 grant, cooperative agreement or other assistance made 

19 pursuant to title II of this Act shall be made on a competi20 tive basis and in accordance with section 102 of the De21 partment of Housing and Urban Development Reform Act 

22 of 1989 (42 U.S.C. 3545). 

23 SEC. 204. Funds of the Department of Housing and 

24 Urban Development subject to the Government Corpora25 tion Control Act or section 402 of the Housing Act of 
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1 1950 shall be available, without regard to the limitations 

2 on administrative expenses, for legal services on a contract 

3 or fee basis, and for utilizing and making payment for 

4 services and facilities of the Federal National Mortgage 

5 Association, Government National Mortgage Association, 

6 Federal Home Loan Mortgage Corporation, Federal Fi7 nancing Bank, Federal Reserve banks or any member 

8 thereof, Federal Home Loan banks, and any insured bank 

9 within the meaning of the Federal Deposit Insurance Cor10 poration Act, as amended (12 U.S.C. 1811–1). 

11 SEC. 205. Unless otherwise provided for in this Act 

12 or through a reprogramming of funds, no part of any ap13 propriation for the Department of Housing and Urban 

14 Development shall be available for any program, project 

15 or activity in excess of amounts set forth in the budget 

16 estimates submitted to Congress. 

17 SEC. 206. Corporations and agencies of the Depart18 ment of Housing and Urban Development which are sub19 ject to the Government Corporation Control Act are here20 by authorized to make such expenditures, within the limits 

21 of funds and borrowing authority available to each such 

22 corporation or agency and in accordance with law, and to 

23 make such contracts and commitments without regard to 

24 fiscal year limitations as provided by section 104 of such 

25 Act as may be necessary in carrying out the programs set 
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1 forth in the budget for 2018 for such corporation or agen2 cy except as hereinafter provided: Provided, That collec3 tions of these corporations and agencies may be used for 

4 new loan or mortgage purchase commitments only to the 

5 extent expressly provided for in this Act (unless such loans 

6 are in support of other forms of assistance provided for 

7 in this or prior appropriations Acts), except that this pro8 viso shall not apply to the mortgage insurance or guaranty 

9 operations of these corporations, or where loans or mort10 gage purchases are necessary to protect the financial in11 terest of the United States Government. 

12 SEC. 207. The Secretary of Housing and Urban De13 velopment shall provide quarterly reports to the House 

14 and Senate Committees on Appropriations regarding all 

15 uncommitted, unobligated, recaptured and excess funds in 

16 each program and activity within the jurisdiction of the 

17 Department and shall submit additional, updated budget 

18 information to these Committees upon request. 

19 SEC. 208. The President’s formal budget request for 

20 fiscal year 2019, as well as the Department of Housing 

21 and Urban Development’s congressional budget justifica22 tions to be submitted to the Committees on Appropriations 

23 of the House of Representatives and the Senate, shall use 

24 the identical account and sub-account structure provided 

25 under this Act. 
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1 SEC. 209. No funds provided under this title may be 

2 used for an audit of the Government National Mortgage 

3 Association that makes applicable requirements under the 

4 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

5 SEC. 210. (a) Notwithstanding any other provision 

6 of law, subject to the conditions listed under this section, 

7 for fiscal years 2018 and 2019, the Secretary of Housing 

8 and Urban Development may authorize the transfer of 

9 some or all project-based assistance, debt held or insured 

10 by the Secretary and statutorily required low-income and 

11 very low-income use restrictions if any, associated with one 

12 or more multifamily housing project or projects to another 

13 multifamily housing project or projects. 

14 (b) PHASED TRANSFERS.—Transfers of project15 based assistance under this section may be done in phases 

16 to accommodate the financing and other requirements re17 lated to rehabilitating or constructing the project or 

18 projects to which the assistance is transferred, to ensure 

19 that such project or projects meet the standards under 

20 subsection (c). 

21 (c) The transfer authorized in subsection (a) is sub22 ject to the following conditions: 

23 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

24 (A) For occupied units in the transferring 

25 project: The number of low-income and very 
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1 low-income units and the configuration (i.e., 

2 bedroom size) provided by the transferring 

3 project shall be no less than when transferred 

4 to the receiving project or projects and the net 

5 dollar amount of Federal assistance provided to 

6 the transferring project shall remain the same 

7 in the receiving project or projects. 

8 (B) For unoccupied units in the transfer9 ring project: The Secretary may authorize a re10 duction in the number of dwelling units in the 

11 receiving project or projects to allow for a re12 configuration of bedroom sizes to meet current 

13 market demands, as determined by the Sec14 retary and provided there is no increase in the 

15 project-based assistance budget authority. 

16 (2) The transferring project shall, as deter17 mined by the Secretary, be either physically obsolete 

18 or economically nonviable. 

19 (3) The receiving project or projects shall meet 

20 or exceed applicable physical standards established 

21 by the Secretary. 

22 (4) The owner or mortgagor of the transferring 

23 project shall notify and consult with the tenants re24 siding in the transferring project and provide a cer-
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1 tification of approval by all appropriate local govern2 mental officials. 

3 (5) The tenants of the transferring project who 

4 remain eligible for assistance to be provided by the 

5 receiving project or projects shall not be required to 

6 vacate their units in the transferring project or 

7 projects until new units in the receiving project are 

8 available for occupancy. 

9 (6) The Secretary determines that this transfer 

10 is in the best interest of the tenants. 

11 (7) If either the transferring project or the re12 ceiving project or projects meets the condition speci13 fied in subsection (d)(2)(A), any lien on the receiv14 ing project resulting from additional financing ob15 tained by the owner shall be subordinate to any 

16 FHA-insured mortgage lien transferred to, or placed 

17 on, such project by the Secretary, except that the 

18 Secretary may waive this requirement upon deter19 mination that such a waiver is necessary to facilitate 

20 the financing of acquisition, construction, and/or re21 habilitation of the receiving project or projects. 

22 (8) If the transferring project meets the re23 quirements of subsection (d)(2), the owner or mort24 gagor of the receiving project or projects shall exe25 cute and record either a continuation of the existing 
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1 use agreement or a new use agreement for the 

2 project where, in either case, any use restrictions in 

3 such agreement are of no lesser duration than the 

4 existing use restrictions. 

5 (9) The transfer does not increase the cost (as 

6 defined in section 502 of the Congressional Budget 

7 Act of 1974, as amended) of any FHA-insured 

8 mortgage, except to the extent that appropriations 

9 are provided in advance for the amount of any such 

10 increased cost. 

11 (d) For purposes of this section— 

12 (1) the terms ‘‘low-income’’ and ‘‘very low-in13 come’’ shall have the meanings provided by the stat14 ute and/or regulations governing the program under 

15 which the project is insured or assisted; 

16 (2) the term ‘‘multifamily housing project’’ 

17 means housing that meets one of the following con18 ditions— 

19 (A) housing that is subject to a mortgage 

20 insured under the National Housing Act; 

21 (B) housing that has project-based assist22 ance attached to the structure including 

23 projects undergoing mark to market debt re24 structuring under the Multifamily Assisted 

25 Housing Reform and Affordability Housing Act; 
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1 (C) housing that is assisted under section 

2 202 of the Housing Act of 1959, as amended 

3 by section 801 of the Cranston-Gonzales Na4 tional Affordable Housing Act; 

5 (D) housing that is assisted under section 

6 202 of the Housing Act of 1959, as such sec7 tion existed before the enactment of the Cran8 ston-Gonzales National Affordable Housing Act; 

9 (E) housing that is assisted under section 

10 811 of the Cranston-Gonzales National Afford11 able Housing Act; or 

12 (F) housing or vacant land that is subject 

13 to a use agreement; 

14 (3) the term ‘‘project-based assistance’’ 

15 means— 

16 (A) assistance provided under section 8(b) 

17 of the United States Housing Act of 1937; 

18 (B) assistance for housing constructed or 

19 substantially rehabilitated pursuant to assist20 ance provided under section 8(b)(2) of such Act 

21 (as such section existed immediately before Oc22 tober 1, 1983); 

23 (C) rent supplement payments under sec24 tion 101 of the Housing and Urban Develop25 ment Act of 1965; 
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1 (D) interest reduction payments under sec2 tion 236 and/or additional assistance payments 

3 under section 236(f)(2) of the National Hous4 ing Act; 

5 (E) assistance payments made under sec6 tion 202(c)(2) of the Housing Act of 1959; and 

7 (F) assistance payments made under sec8 tion 811(d)(2) of the Cranston-Gonzalez Na9 tional Affordable Housing Act; 

10 (4) the term ‘‘receiving project or projects’’ 

11 means the multifamily housing project or projects to 

12 which some or all of the project-based assistance, 

13 debt, and statutorily required low-income and very 

14 low-income use restrictions are to be transferred; 

15 (5) the term ‘‘transferring project’’ means the 

16 multifamily housing project which is transferring 

17 some or all of the project-based assistance, debt, and 

18 the statutorily required low-income and very low-in19 come use restrictions to the receiving project or 

20 projects; and 

21 (6) the term ‘‘Secretary’’ means the Secretary 

22 of Housing and Urban Development. 

23 (e) RESEARCH REPORT.—The Secretary shall con24 duct an evaluation of the transfer authority under this sec25 tion, including the effect of such transfers on the oper-
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1 ational efficiency, contract rents, physical and financial 

2 conditions, and long-term preservation of the affected 

3 properties. 

4 SEC. 211. (a) No assistance shall be provided under 

5 section 8 of the United States Housing Act of 1937 (42 

6 U.S.C. 1437f) to any individual who— 

7 (1) is enrolled as a student at an institution of 

8 higher education (as defined under section 102 of 

9 the Higher Education Act of 1965 (20 U.S.C. 

10 1002)); 

11 (2) is under 24 years of age; 

12 (3) is not a veteran; 

13 (4) is unmarried; 

14 (5) does not have a dependent child; 

15 (6) is not a person with disabilities, as such 

16 term is defined in section 3(b)(3)(E) of the United 

17 States Housing Act of 1937 (42 U.S.C. 

18 1437a(b)(3)(E)) and was not receiving assistance 

19 under such section 8 as of November 30, 2005; 

20 (7) is not a youth who left foster care at age 

21 14 or older and is at risk of becoming homeless; and 

22 (8) is not otherwise individually eligible, or has 

23 parents who, individually or jointly, are not eligible, 

24 to receive assistance under section 8 of the United 

25 States Housing Act of 1937 (42 U.S.C. 1437f). 
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1 (b) For purposes of determining the eligibility of a 

2 person to receive assistance under section 8 of the United 

3 States Housing Act of 1937 (42 U.S.C. 1437f), any finan4 cial assistance (in excess of amounts received for tuition 

5 and any other required fees and charges) that an indi6 vidual receives under the Higher Education Act of 1965 

7 (20 U.S.C. 1001 et seq.), from private sources, or an insti8 tution of higher education (as defined under the Higher 

9 Education Act of 1965 (20 U.S.C. 1002)), shall be consid10 ered income to that individual, except for a person over 

11 the age of 23 with dependent children. 

12 SEC. 212. The funds made available for Native Alas13 kans under the heading ‘‘Native American Housing Block 

14 Grants’’ in title II of this Act shall be allocated to the 

15 same Native Alaskan housing block grant recipients that 

16 received funds in fiscal year 2005. 

17 SEC. 213. Notwithstanding the limitation in the first 

18 sentence of section 255(g) of the National Housing Act 

19 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and 

20 Urban Development may, until September 30, 2018, in21 sure and enter into commitments to insure mortgages 

22 under such section 255 only to the extent that the net 

23 credit subsidy cost for such insurance does not exceed 

24 zero. 
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1 SEC. 214. Notwithstanding any other provision of 

2 law, in fiscal year 2018, in managing and disposing of any 

3 multifamily property that is owned or has a mortgage held 

4 by the Secretary of Housing and Urban Development, and 

5 during the process of foreclosure on any property with a 

6 contract for rental assistance payments under section 8 

7 of the United States Housing Act of 1937 or other Fed8 eral programs, the Secretary shall maintain any rental as9 sistance payments under section 8 of the United States 

10 Housing Act of 1937 and other programs that are at11 tached to any dwelling units in the property. To the extent 

12 the Secretary determines, in consultation with the tenants 

13 and the local government, that such a multifamily prop14 erty owned or held by the Secretary is not feasible for con15 tinued rental assistance payments under such section 8 

16 or other programs, based on consideration of (1) the costs 

17 of rehabilitating and operating the property and all avail18 able Federal, State, and local resources, including rent ad19 justments under section 524 of the Multifamily Assisted 

20 Housing Reform and Affordability Act of 1997 

21 (‘‘MAHRAA’’) and (2) environmental conditions that can22 not be remedied in a cost-effective fashion, the Secretary 

23 may, in consultation with the tenants of that property, 

24 contract for project-based rental assistance payments with 

25 an owner or owners of other existing housing properties, 
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1 or provide other rental assistance. The Secretary shall also 

2 take appropriate steps to ensure that project-based con3 tracts remain in effect prior to foreclosure, subject to the 

4 exercise of contractual abatement remedies to assist relo5 cation of tenants for imminent major threats to health and 

6 safety after written notice to and informed consent of the 

7 affected tenants and use of other available remedies, such 

8 as partial abatements or receivership. After disposition of 

9 any multifamily property described under this section, the 

10 contract and allowable rent levels on such properties shall 

11 be subject to the requirements under section 524 of 

12 MAHRAA. 

13 SEC. 215. The commitment authority funded by fees 

14 as provided under the heading ‘‘Community Development 

15 Loan Guarantees Program Account’’ may be used to guar16 antee, or make commitments to guarantee, notes, or other 

17 obligations issued by any State on behalf of non-entitle18 ment communities in the State in accordance with the re19 quirements of section 108 of the Housing and Community 

20 Development Act of 1974: Provided, That any State re21 ceiving such a guarantee or commitment shall distribute 

22 all funds subject to such guarantee to the units of general 

23 local government in non-entitlement areas that received 

24 the commitment. 
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1 SEC. 216. Public housing agencies that own and oper2 ate 400 or fewer public housing units may elect to be ex3 empt from any asset management requirement imposed by 

4 the Secretary of Housing and Urban Development in con5 nection with the operating fund rule: Provided, That an 

6 agency seeking a discontinuance of a reduction of subsidy 

7 under the operating fund formula shall not be exempt 

8 from asset management requirements. 

9 SEC. 217. With respect to the use of amounts pro10 vided in this Act and in future Acts for the operation, cap11 ital improvement and management of public housing as 

12 authorized by sections 9(d) and 9(e) of the United States 

13 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

14 Secretary shall not impose any requirement or guideline 

15 relating to asset management that restricts or limits in 

16 any way the use of capital funds for central office costs 

17 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

18 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro19 vided, That a public housing agency may not use capital 

20 funds authorized under section 9(d) for activities that are 

21 eligible under section 9(e) for assistance with amounts 

22 from the operating fund in excess of the amounts per23 mitted under section 9(g)(1) or 9(g)(2). 

24 SEC. 218. No official or employee of the Department 

25 of Housing and Urban Development shall be designated 
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1 as an allotment holder unless the Office of the Chief Fi2 nancial Officer has determined that such allotment holder 

3 has implemented an adequate system of funds control and 

4 has received training in funds control procedures and di5 rectives. The Chief Financial Officer shall ensure that 

6 there is a trained allotment holder for each HUD sub7 office under the accounts ‘‘Executive Offices’’ and ‘‘Ad8 ministrative Support Offices,’’ as well as each account re9 ceiving appropriations for ‘‘Program Office Salaries and 

10 Expenses’’, ‘‘Government National Mortgage Associa11 tion—Guarantees of Mortgage-Backed Securities Loan 

12 Guarantee Program Account’’, and ‘‘Office of Inspector 

13 General’’ within the Department of Housing and Urban 

14 Development. 

15 SEC. 219. The Secretary of the Department of Hous16 ing and Urban Development shall, for fiscal year 2018, 

17 notify the public through the Federal Register and other 

18 means, as determined appropriate, of the issuance of a no19 tice of the availability of assistance or notice of funding 

20 availability (NOFA) for any program or discretionary 

21 fund administered by the Secretary that is to be competi22 tively awarded. Notwithstanding any other provision of 

23 law, for fiscal year 2018, the Secretary may make the 

24 NOFA available only on the Internet at the appropriate 
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1 Government web site or through other electronic media, 

2 as determined by the Secretary. 

3 SEC. 220. Payment of attorney fees in program-re4 lated litigation shall be paid from the individual program 

5 office and Office of General Counsel salaries and expenses 

6 appropriations. The annual budget submission for the pro7 gram offices and the Office of General Counsel shall in8 clude any such projected litigation costs for attorney fees 

9 as a separate line item request. No funds provided in this 

10 title may be used to pay any such litigation costs for attor11 ney fees until the Department submits for review a spend12 ing plan for such costs to the House and Senate Commit13 tees on Appropriations. 

14 SEC. 221. The Secretary is authorized to transfer up 

15 to 10 percent or $5,000,000, whichever is less, of funds 

16 appropriated for any office under the heading ‘‘Adminis17 trative Support Offices’’ or for any account under the gen18 eral heading ‘‘Program Office Salaries and Expenses’’ to 

19 any other such office or account: Provided, That no appro20 priation for any such office or account shall be increased 

21 or decreased by more than 10 percent or $5,000,000, 

22 whichever is less, without prior written approval of the 

23 House and Senate Committees on Appropriations: Pro24 vided further, That the Secretary shall provide notification 

25 to such Committees three business days in advance of any 
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1 such transfers under this section up to 10 percent or 

2 $5,000,000, whichever is less. 

3 SEC. 222. (a) Any entity receiving housing assistance 

4 payments shall maintain decent, safe, and sanitary condi5 tions, as determined by the Secretary of Housing and 

6 Urban Development (in this section referred to as the 

7 ‘‘Secretary’’), and comply with any standards under appli8 cable State or local laws, rules, ordinances, or regulations 

9 relating to the physical condition of any property covered 

10 under a housing assistance payment contract. 

11 (b) The Secretary shall take action under subsection 

12 (c) when a multifamily housing project with a section 8 

13 contract or contract for similar project-based assistance— 

14 (1) receives a Uniform Physical Condition 

15 Standards (UPCS) score of 60 or less; or 

16 (2) fails to certify in writing to the Secretary 

17 within 3 days that all Exigent Health and Safety de18 ficiencies identified by the inspector at the project 

19 have been corrected. 

20 Such requirements shall apply to insured and noninsured 

21 projects with assistance attached to the units under sec22 tion 8 of the United States Housing Act of 1937 (42 

23 U.S.C. 1437f), but do not apply to such units assisted 

24 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

25 public housing units assisted with capital or operating 
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1 funds under section 9 of the United States Housing Act 

2 of 1937 (42 U.S.C. 1437g). 

3 (c)(1) Within 15 days of the issuance of the REAC 

4 inspection, the Secretary must provide the owner with a 

5 Notice of Default with a specified timetable, determined 

6 by the Secretary, for correcting all deficiencies. The Sec7 retary must also provide a copy of the Notice of Default 

8 to the tenants, the local government, any mortgagees, and 

9 any contract administrator. If the owner’s appeal results 

10 in a UPCS score of 60 or above, the Secretary may with11 draw the Notice of Default. Thirty days following the 

12 issuance of a Notice of Default for failure to provide de13 cent, safe and sanitary conditions or notice of violation 

14 of a regulatory agreement for failure to maintain a prop15 erty in accordance with HUD regulations, and when a 

16 physical inspection score underlying such notices has not 

17 been successfully appealed, the project owner shall pay to 

18 residents occupying units 25 percent of the HUD contract 

19 rent for such unit each month until owner has certified 

20 to HUD that the project has been restored to decent, safe 

21 and sanitary condition. These payments cannot be made 

22 from Federal funds including housing assistance payments 

23 by HUD. Projects exempted from this provision are those 

24 under a HUD-approved corrective action plan of a third 

25 party sale. Owners shall post in the management office 
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1 all notices of violation and-or default by HUD, owner’s 

2 HUD-approved corrective action plan and owners certifi3 cation that the property is decent, safe and sanitary. This 

4 creates a private right of action limited to enforcing pay5 ment of 25 percent of HUD contract rent for residents 

6 of these properties. 

7 (2) At the end of the time period for correcting all 

8 deficiencies specified in the Notice of Default, if the owner 

9 fails to fully correct such deficiencies, the Secretary may— 

10 (A) require immediate replacement of project 

11 management with a management agent approved by 

12 the Secretary; 

13 (B) impose civil money penalties, which shall be 

14 used solely for the purpose of supporting safe and 

15 sanitary conditions at applicable properties, as des16 ignated by the Secretary, with priority given to the 

17 tenants of the property affected by the penalty; 

18 (C) abate the section 8 contract, including par19 tial abatement, as determined by the Secretary, until 

20 all deficiencies have been corrected; 

21 (D) pursue transfer of the project to an owner, 

22 approved by the Secretary under established proce23 dures, which will be obligated to promptly make all 

24 required repairs and to accept renewal of the assist25 ance contract as long as such renewal is offered; 
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1 (E) transfer the existing section 8 contract to 

2 another project or projects and owner or owners; 

3 (F) pursue exclusionary sanctions, including 

4 suspensions or debarments from Federal programs; 

5 (G) seek judicial appointment of a receiver to 

6 manage the property and cure all project deficiencies 

7 or seek a judicial order of specific performance re8 quiring the owner to cure all project deficiencies; 

9 (H) work with the owner, lender, or other re10 lated party to stabilize the property in an attempt 

11 to preserve the property through compliance, trans12 fer of ownership, or an infusion of capital provided 

13 by a third-party that requires time to effectuate; or 

14 (I) take any other regulatory or contractual 

15 remedies available as deemed necessary and appro16 priate by the Secretary. 

17 (3) For purposes of this section and notwithstanding 

18 any provision of law, the amount of the civil money pen19 alties under paragraph (2) shall be the higher of one per20 cent of the housing assistance payment contract budget 

21 authority for such project or the applicable civil money 

22 penalty under current law. 

23 (d) The Secretary shall also take appropriate steps 

24 to ensure that project-based contracts remain in effect, 

25 subject to the exercise of contractual abatement remedies 
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1 to assist relocation of tenants for major threats to health 

2 and safety after written notice to the affected tenants. To 

3 the extent the Secretary determines, in consultation with 

4 the tenants and the local government, that the property 

5 is not feasible for continued rental assistance payments 

6 under such section 8 or other programs, based on consid7 eration of— 

8 (1) the costs of rehabilitating and operating the 

9 property and all available Federal, State, and local 

10 resources, including rent adjustments under section 

11 524 of the Multifamily Assisted Housing Reform 

12 and Affordability Act of 1997 (‘‘MAHRAA’’); and 

13 (2) environmental conditions that cannot be 

14 remedied in a cost-effective fashion, the Secretary 

15 may contract for project-based rental assistance pay16 ments with an owner or owners of other existing 

17 housing properties, or provide other rental assist18 ance. 

19 (e) The Secretary shall report quarterly on all prop20 erties covered by this section that are assessed through 

21 the Real Estate Assessment Center and have UPCS phys22 ical inspection scores of less than 60 or have received an 

23 unsatisfactory management and occupancy review within 

24 the past 36 months. The report shall include— 
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1 (1) the enforcement actions being taken to ad2 dress such conditions, including imposition of civil 

3 money penalties and termination of subsidies, and 

4 identify properties that have such conditions mul5 tiple times; 

6 (2) actions that the Department of Housing 

7 and Urban Development is taking to protect tenants 

8 of such identified properties; and 

9 (3) any administrative or legislative rec10 ommendations to further improve the living condi11 tions at properties covered under a housing assist12 ance payment contract. 

13 This report shall be due to the Senate and House Commit14 tees on Appropriations no later than 30 days after the 

15 enactment of this Act, and on the first business day of 

16 each Federal fiscal year quarter thereafter while this sec17 tion remains in effect. For each day after the due dates 

18 herein that this report has not been submitted to such 

19 Committees, the appropriations under this title for the 

20 ‘‘Executive Offices’’ account, the ‘‘Housing’’ account, and 

21 for the Office of the Chief Financial Officer under the 

22 ‘‘Administrative Support Offices’’ account shall each be 

23 reduced by $50,000. 

24 SEC. 223. None of the funds made available by this 

25 Act, or any other Act, for purposes authorized under sec-
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1 tion 8 (only with respect to the tenant-based rental assist2 ance program) and section 9 of the United States Housing 

3 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

4 any public housing agency for any amount of salary, in5 cluding bonuses, for the chief executive officer of which, 

6 or any other official or employee of which, that exceeds 

7 the annual rate of basic pay payable for a position at level 

8 IV of the Executive Schedule at any time during any pub9 lic housing agency fiscal year 2018. 

10 SEC. 224. Section 24 of the United States Housing 

11 Act of 1937 (42 U.S.C. 1437v) is amended— 

12 (1) in subsection (m)(1), by striking ‘‘fiscal 

13 year’’ and all that follows through the period at the 

14 end and inserting ‘‘fiscal year 2018.’’; and 

15 (2) in subsection (o), by striking ‘‘September’’ 

16 and all that follows through the period at the end 

17 and inserting ‘‘September 30, 2018.’’. 

18 SEC. 225. None of the funds in this Act provided to 

19 the Department of Housing and Urban Development may 

20 be used to make a grant award unless the Secretary noti21 fies the House and Senate Committees on Appropriations 

22 not less than 3 full business days before any project, 

23 State, locality, housing authority, tribe, nonprofit organi24 zation, or other entity selected to receive a grant award 

25 is announced by the Department or its offices. 
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1 SEC. 226. None of the funds made available by this 

2 Act may be used to require or enforce the Physical Needs 

3 Assessment (PNA). 

4 SEC. 227. None of the funds made available in this 

5 Act shall be used by the Federal Housing Administration, 

6 the Government National Mortgage Administration, or the 

7 Department of Housing and Urban Development to in8 sure, securitize, or establish a Federal guarantee of any 

9 mortgage or mortgage backed security that refinances or 

10 otherwise replaces a mortgage that has been subject to 

11 eminent domain condemnation or seizure, by a State, mu12 nicipality, or any other political subdivision of a State. 

13 SEC. 228. None of the funds made available by this 

14 Act may be used to terminate the status of a unit of gen15 eral local government as a metropolitan city (as defined 

16 in section 102 of the Housing and Community Develop17 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

18 grants under section 106 of such Act (42 U.S.C. 5306). 

19 SEC. 229. Amounts made available under this Act 

20 which are either appropriated, allocated, advanced on a 

21 reimbursable basis, or transferred to the Office of Policy 

22 Development and Research in the Department of Housing 

23 and Urban Development and functions thereof, for re24 search, evaluation, or statistical purposes, and which are 

25 unexpended at the time of completion of a contract, grant, 
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1 or cooperative agreement, may be deobligated and shall 

2 immediately become available and may be reobligated in 

3 that fiscal year or the subsequent fiscal year for the re4 search, evaluation, or statistical purposes for which the 

5 amounts are made available to that Office subject to re6 programming requirements in section 405 of this Act. 

7 SEC. 230. None of the funds provided in this Act or 

8 any other act may be used for awards, including perform9 ance, special act, or spot, for any employee of the Depart10 ment of Housing and Urban Development who has been 

11 subject to administrative discipline in fiscal years 2017 or 

12 2018, including suspension from work. 

13 SEC. 231. Funds made available in this title under 

14 the heading ‘‘Homeless Assistance Grants’’ may be used 

15 by the Secretary to participate in Performance Partner16 ship Pilots authorized under section 526 of division H of 

17 Public Law 113–76, section 524 of division G of Public 

18 Law 113–235, section 525 of division H of Public Law 

19 114–113, and such authorities as are enacted for Perform20 ance Partnership Pilots in an appropriations Act for fiscal 

21 year 2018: Provided, That such participation shall be lim22 ited to no more than 10 continuums of care and housing 

23 activities to improve outcomes for disconnected youth. 

24 SEC. 232. With respect to grant amounts awarded 

25 under the heading ‘‘Homeless Assistance Grants’’ for fis-
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1 cal years 2015, 2016, 2017, and 2018 for the continuum 

2 of care (CoC) program as authorized under subtitle C of 

3 title IV of the McKinney-Vento Homeless Assistance Act, 

4 costs paid by program income of grant recipients may 

5 count toward meeting the recipient’s matching require6 ments, provided the costs are eligible CoC costs that sup7 plement the recipient’s CoC program. 

8 SEC. 233. (a) From amounts made available under 

9 this title under the heading ‘‘Homeless Assistance 

10 Grants’’, the Secretary may award 1-year transition 

11 grants to recipients of funds for activities under subtitle 

12 C of the McKinney-Vento Homeless Assistance Act (42 

13 U.S.C. 11381 et seq.) to transition from one CoC program 

14 component to another. 

15 (b) No more than 50 percent of each transition grant 

16 may be used for costs of eligible activities of the program 

17 component originally funded. 

18 (c) Transition grants made under this section are eli19 gible for renewal in subsequent fiscal years for the eligible 

20 activities of the new program component. 

21 (d) In order to be eligible to receive a transition 

22 grant, the funding recipient must have the consent of the 

23 CoC and meet standards determined by the Secretary. 

24 SEC. 234. Section 218(g) of the Cranston-Gonzalez 

25 National Affordable Housing Act (42 U.S.C. 12748(g)) 
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1 shall not apply with respect to the right of a jurisdiction 

2 to draw funds from its HOME Investment Trust Fund 

3 that otherwise expired or would expire in 2016, 2017, 

4 2018, 2019, or 2020 under that section. 

5 SEC. 235. None of the funds made available by this 

6 Act may be used by the Department of Housing and 

7 Urban Development to direct a grantee to undertake spe8 cific changes to existing zoning laws as part of carrying 

9 out the final rule entitled ‘‘Affirmatively Furthering Fair 

10 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 

11 notice entitled ‘‘Affirmatively Furthering Fair Housing 

12 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 

13 2014)). 

14 SEC. 236. The language under the heading ‘‘Rental 

15 Assistance Demonstration’’ in the Department of Housing 

16 and Urban Development Appropriations Act, 2012 (Public 

17 Law 112–55), as amended by Public Law 113–76, Public 

18 Law 113–235, Public Law 114–113, and Public Law 115– 

19 31, is amended— 

20 (1) in the second proviso, by striking ‘‘until 

21 September 30, 2018’’ and inserting ‘‘for fiscal year 

22 2012 and thereafter’’; 

23 (2) in matter preceding the first proviso, by in24 serting the following before the colon: ‘‘(herein the 

25 ‘First Component’)’’; 
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1 (3) by striking the fourth proviso; 

2 (4) in the thirteenth proviso, as reordered 

3 above, by— 

4 (A) inserting ‘‘or nonprofit’’ before ‘‘entity, 

5 then a capable entity,’’; and 

6 (B) striking ‘‘preserves its interest’’ and 

7 inserting ‘‘or a nonprofit entity preserves an in8 terest’’; 

9 (5) in the seventeenth proviso, as reordered 

10 above, by— 

11 (A) inserting ‘‘or with a project rental as12 sistance contract under section 202(c)(2) of the 

13 Housing Act of 1959,’’ after ‘‘section 8(o) of 

14 the Act,’’; 

15 (B) inserting ‘‘the subordination, restruc16 turing, or both, of any mortgage or other agree17 ments securing a capital advance previously 

18 provided by the Secretary under section 

19 202(c)(1) of the Housing Act of 1959 in con20 nection with the conversion of assistance,’’ fol21 lowing ‘‘including but not limited to’’; 

22 (C) inserting ‘‘or assistance contracts’’ 

23 after ‘‘for such vouchers’’; and 

24 (D) inserting the following before the 

25 colon: ‘‘(herein the ‘Second Component’)’’; 
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1 (6) by inserting the following provisos after the 

2 seventeenth proviso, as reordered above: 

3 ‘‘ Provided further, That contracts provided to properties 

4 converting assistance from section 101 of the Housing and 

5 Urban Development Act of 1965 or section 236(f)(2) of 

6 the National Housing Act located in high-cost areas shall 

7 have initial rents set at comparable market rents for the 

8 market area: Provided further, That conversions of assist9 ance under the Second Component may not be the basis 

10 for re-screening or termination of assistance or eviction 

11 of any tenant family in a property participating in the 

12 demonstration and such a family shall not be considered 

13 a new admission for any purpose, including compliance 

14 with income targeting:’’; 

15 (7) in the twentieth proviso, as reordered above, 

16 by striking ‘‘the previous proviso’’ and all that fol17 lows through the end of the proviso and inserting 

18 ‘‘the Second Component shall be available for 

19 project-based subsidy contracts entered into pursu20 ant to the Second Component:’’; 

21 (8) in the twenty-first proviso, as reordered 

22 above, by striking ‘‘the previous two provisos’’ and 

23 inserting ‘‘the Second Component, except for conver24 sion of section 202 project rental assistance con25 tracts,’’; 
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1 (9) in the twenty-second proviso, as reordered 

2 above, by striking ‘‘the three previous provisos’’ and 

3 inserting ‘‘the Second Component, except for conver4 sion of section 202 project rental assistance con5 tracts,’’; 

6 (10) by inserting the following proviso before 

7 the final proviso: 

8 ‘‘ Provided further, That the Secretary may transfer 

9 amounts made available under the headings ‘Housing for 

10 the Elderly’ and ‘Rental Assistance Demonstration’ to the 

11 accounts under the headings ‘Project-Based Rental Assist12 ance’ or ‘Tenant-Based Rental Assistance’ to facilitate any 

13 section 202 project rental assistance contract conversion 

14 under the Second Component, and any increase in cost 

15 for ‘Project-Based Rental Assistance’ or ‘Tenant-Based 

16 Rental Assistance’ associated with such conversion shall 

17 be equal to amounts so transferred:’’; and 

18 (11) in the final proviso, by striking ‘‘the pre19 vious four provisos’’ and inserting ‘‘the Second Com20 ponent’’. 

21 SEC. 237. None of the funds made available under 

22 this Act may be used to interfere with State and local in23 spections of public housing dwelling units. 

24 SEC. 238. The Promise Zone designations and Prom25 ise Zone Designation Agreements entered into pursuant 
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1 to such designations, made by the Secretary of Housing 

2 and Urban Development in prior fiscal years, shall remain 

3 in effect in accordance with the terms and conditions of 

4 such agreements. 

5 This title may be cited as the ‘‘Department of Hous6 ing and Urban Development Appropriations Act, 2018’’. 
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1 TITLE III 

2 RELATED AGENCIES 

3 ACCESS BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Access Board, as au6 thorized by section 502 of the Rehabilitation Act of 1973, 

7 as amended, $8,190,000: Provided, That, notwithstanding 

8 any other provision of law, there may be credited to this 

9 appropriation funds received for publications and training 

10 expenses. 

11 FEDERAL MARITIME COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Maritime 

14 Commission as authorized by section 201(d) of the Mer15 chant Marine Act, 1936, as amended (46 U.S.C. 307), in16 cluding services as authorized by 5 U.S.C. 3109; hire of 

17 passenger motor vehicles as authorized by 31 U.S.C. 

18 1343(b); and uniforms or allowances therefore, as author19 ized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That 

20 not to exceed $2,000 shall be available for official recep21 tion and representation expenses. 
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1 NATIONAL RAILROAD PASSENGER CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector 

5 General for the National Railroad Passenger Corporation 

6 to carry out the provisions of the Inspector General Act 

7 of 1978, as amended, $23,274,000: Provided, That the In8 spector General shall have all necessary authority, in car9 rying out the duties specified in the Inspector General Act, 

10 as amended (5 U.S.C. App. 3), to investigate allegations 

11 of fraud, including false statements to the government (18 

12 U.S.C. 1001), by any person or entity that is subject to 

13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 

15 enter into contracts and other arrangements for audits, 

16 studies, analyses, and other services with public agencies 

17 and with private persons, subject to the applicable laws 

18 and regulations that govern the obtaining of such services 

19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 

22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within the Corporation: Pro-
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1 vided further, That concurrent with the President’s budget 

2 request for fiscal year 2019, the Inspector General shall 

3 submit to the House and Senate Committees on Appro4 priations a budget request for fiscal year 2019 in similar 

5 format and substance to those submitted by executive 

6 agencies of the Federal Government. 

7 NATIONAL TRANSPORTATION SAFETY BOARD

8 SALARIES AND EXPENSES

9 For necessary expenses of the National Transpor10 tation Safety Board, including hire of passenger motor ve11 hicles and aircraft; services as authorized by 5 U.S.C. 

12 3109, but at rates for individuals not to exceed the per 

13 diem rate equivalent to the rate for a GS–15; uniforms, 

14 or allowances therefor, as authorized by law (5 U.S.C. 

15 5901–5902), $110,400,000, of which not to exceed $2,000 

16 may be used for official reception and representation ex17 penses. The amounts made available to the National 

18 Transportation Safety Board in this Act include amounts 

19 necessary to make lease payments on an obligation in20 curred in fiscal year 2001 for a capital lease. 

21 NEIGHBORHOOD REINVESTMENT CORPORATION

22 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

23 CORPORATION

24 For payment to the Neighborhood Reinvestment Cor25 poration for use in neighborhood reinvestment activities, 
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1 as authorized by the Neighborhood Reinvestment Corpora2 tion Act (42 U.S.C. 8101–8107), $140,000,000, of which 

3 $5,000,000 shall be for a multi-family rental housing pro4 gram. 

5 SURFACE TRANSPORTATION BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses of the Surface Transpor8 tation Board, including services authorized by 5 U.S.C. 

9 3109, $37,100,000: Provided, That notwithstanding any 

10 other provision of law, not to exceed $1,250,000 from fees 

11 established by the Chairman of the Surface Transpor12 tation Board shall be credited to this appropriation as off13 setting collections and used for necessary and authorized 

14 expenses under this heading: Provided further, That the 

15 sum herein appropriated from the general fund shall be 

16 reduced on a dollar-for-dollar basis as such offsetting col17 lections are received during fiscal year 2018, to result in 

18 a final appropriation from the general fund estimated at 

19 no more than $35,850,000. 

20 UNITED STATES INTERAGENCY COUNCIL ON

21 HOMELESSNESS

22 OPERATING EXPENSES

23 For necessary expenses (including payment of sala24 ries, authorized travel, hire of passenger motor vehicles, 

25 the rental of conference rooms, and the employment of ex-
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1 perts and consultants under section 3109 of title 5, United 

2 States Code) of the United States Interagency Council on 

3 Homelessness in carrying out the functions pursuant to 

4 title II of the McKinney-Vento Homeless Assistance Act, 

5 as amended, $3,600,000: Provided, That title II of the 

6 McKinney-Vento Homeless Assistance Act (42 U.S.C. 

7 11311 et seq.) is amended by: (1) in section 208 (42 

8 U.S.C. 11318), by striking ‘‘to carry out this subchapter 

9 $3,000,000 for fiscal year 2010 and such sums as may 

10 be necessary for fiscal years 2011’’ and inserting ‘‘such 

11 sums as may be necessary to carry out this title’’; (2) by 

12 striking section 209 (42 U.S.C. 11319); and (3) by redes13 ignating section 210 (42 U.S.C. 11320) as section 209. 

14 TITLE IV 

15 GENERAL PROVISIONS—THIS ACT 

16 SEC. 401. None of the funds in this Act shall be used 

17 for the planning or execution of any program to pay the 

18 expenses of, or otherwise compensate, non-Federal parties 

19 intervening in regulatory or adjudicatory proceedings 

20 funded in this Act. 

21 SEC. 402. None of the funds appropriated in this Act 

22 shall remain available for obligation beyond the current 

23 fiscal year, nor may any be transferred to other appropria24 tions, unless expressly so provided herein. 
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1 SEC. 403. The expenditure of any appropriation 

2 under this Act for any consulting service through a pro3 curement contract pursuant to section 3109 of title 5, 

4 United States Code, shall be limited to those contracts 

5 where such expenditures are a matter of public record and 

6 available for public inspection, except where otherwise pro7 vided under existing law, or under existing Executive order 

8 issued pursuant to existing law. 

9 SEC. 404. (a) None of the funds made available in 

10 this Act may be obligated or expended for any employee 

11 training that— 

12 (1) does not meet identified needs for knowl13 edge, skills, and abilities bearing directly upon the 

14 performance of official duties; 

15 (2) contains elements likely to induce high lev16 els of emotional response or psychological stress in 

17 some participants; 

18 (3) does not require prior employee notification 

19 of the content and methods to be used in the train20 ing and written end of course evaluation; 

21 (4) contains any methods or content associated 

22 with religious or quasi-religious belief systems or 

23 ‘‘new age’’ belief systems as defined in Equal Em24 ployment Opportunity Commission Notice N– 

25 915.022, dated September 2, 1988; or 
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1 (5) is offensive to, or designed to change, par2 ticipants’ personal values or lifestyle outside the 

3 workplace. 

4 (b) Nothing in this section shall prohibit, restrict, or 

5 otherwise preclude an agency from conducting training 

6 bearing directly upon the performance of official duties. 

7 SEC. 405. Except as otherwise provided in this Act, 

8 none of the funds provided in this Act, provided by pre9 vious appropriations Acts to the agencies or entities fund10 ed in this Act that remain available for obligation or ex11 penditure in fiscal year 2018, or provided from any ac12 counts in the Treasury derived by the collection of fees 

13 and available to the agencies funded by this Act, shall be 

14 available for obligation or expenditure through a re15 programming of funds that— 

16 (1) creates a new program; 

17 (2) eliminates a program, project, or activity; 

18 (3) increases funds or personnel for any pro19 gram, project, or activity for which funds have been 

20 denied or restricted by the Congress; 

21 (4) proposes to use funds directed for a specific 

22 activity by either the House or Senate Committees 

23 on Appropriations for a different purpose; 
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1 (5) augments existing programs, projects, or ac2 tivities in excess of $5,000,000 or 10 percent, which3 ever is less; 

4 (6) reduces existing programs, projects, or ac5 tivities by $5,000,000 or 10 percent, whichever is 

6 less; or 

7 (7) creates, reorganizes, or restructures a 

8 branch, division, office, bureau, board, commission, 

9 agency, administration, or department different from 

10 the budget justifications submitted to the Commit11 tees on Appropriations or the table accompanying 

12 the explanatory statement accompanying this Act, 

13 whichever is more detailed, unless prior approval is 

14 received from the House and Senate Committees on 

15 Appropriations: Provided, That not later than 60 

16 days after the date of enactment of this Act, each 

17 agency funded by this Act shall submit a report to 

18 the Committees on Appropriations of the Senate and 

19 of the House of Representatives to establish the 

20 baseline for application of reprogramming and trans21 fer authorities for the current fiscal year: Provided 

22 further, That the report shall include— 

23 (A) a table for each appropriation with a 

24 separate column to display the prior year en25 acted level, the President’s budget request, ad-
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1 justments made by Congress, adjustments due 

2 to enacted rescissions, if appropriate, and the 

3 fiscal year enacted level; 

4 (B) a delineation in the table for each ap5 propriation and its respective prior year enacted 

6 level by object class and program, project, and 

7 activity as detailed in the budget appendix for 

8 the respective appropriation; and 

9 (C) an identification of items of special 

10 congressional interest. 

11 SEC. 406. Except as otherwise specifically provided 

12 by law, not to exceed 50 percent of unobligated balances 

13 remaining available at the end of fiscal year 2018 from 

14 appropriations made available for salaries and expenses 

15 for fiscal year 2018 in this Act, shall remain available 

16 through September 30, 2019, for each such account for 

17 the purposes authorized: Provided, That a request shall 

18 be submitted to the House and Senate Committees on Ap19 propriations for approval prior to the expenditure of such 

20 funds: Provided further, That these requests shall be made 

21 in compliance with reprogramming guidelines under sec22 tion 405 of this Act. 

23 SEC. 407. No funds in this Act may be used to sup24 port any Federal, State, or local projects that seek to use 

25 the power of eminent domain, unless eminent domain is 
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1 employed only for a public use: Provided, That for pur2 poses of this section, public use shall not be construed to 

3 include economic development that primarily benefits pri4 vate entities: Provided further, That any use of funds for 

5 mass transit, railroad, airport, seaport or highway 

6 projects, as well as utility projects which benefit or serve 

7 the general public (including energy-related, communica8 tion-related, water-related and wastewater-related infra9 structure), other structures designated for use by the gen10 eral public or which have other common-carrier or public11 utility functions that serve the general public and are sub12 ject to regulation and oversight by the government, and 

13 projects for the removal of an immediate threat to public 

14 health and safety or brownfields as defined in the Small 

15 Business Liability Relief and Brownfields Revitalization 

16 Act (Public Law 107–118) shall be considered a public 

17 use for purposes of eminent domain. 

18 SEC. 408. None of the funds made available in this 

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government, except 

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriations Act. 

23 SEC. 409. No part of any appropriation contained in 

24 this Act shall be available to pay the salary for any person 

25 filling a position, other than a temporary position, for-
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1 merly held by an employee who has left to enter the Armed 

2 Forces of the United States and has satisfactorily com3 pleted his or her period of active military or naval service, 

4 and has within 90 days after his or her release from such 

5 service or from hospitalization continuing after discharge 

6 for a period of not more than 1 year, made application 

7 for restoration to his or her former position and has been 

8 certified by the Office of Personnel Management as still 

9 qualified to perform the duties of his or her former posi10 tion and has not been restored thereto. 

11 SEC. 410. No funds appropriated pursuant to this 

12 Act may be expended by an entity unless the entity agrees 

13 that in expending the assistance the entity will comply 

14 with sections 2 through 4 of the Act of March 3, 1933 

15 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

16 American Act’’). 

17 SEC. 411. No funds appropriated or otherwise made 

18 available under this Act shall be made available to any 

19 person or entity that has been convicted of violating the 

20 Buy American Act (41 U.S.C. 8301–8305). 

21 SEC. 412. None of the funds made available in this 

22 Act may be used for first-class airline accommodations in 

23 contravention of sections 301–10.122 and 301–10.123 of 

24 title 41, Code of Federal Regulations. 
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1 SEC. 413. (a) None of the funds made available by 

2 this Act may be used to approve a new foreign air carrier 

3 permit under sections 41301 through 41305 of title 49, 

4 United States Code, or exemption application under sec5 tion 40109 of that title of an air carrier already holding 

6 an air operators certificate issued by a country that is 

7 party to the U.S.-E.U.-Iceland-Norway Air Transport 

8 Agreement where such approval would contravene United 

9 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor10 way Air Transport Agreement. 

11 (b) Nothing in this section shall prohibit, restrict or 

12 otherwise preclude the Secretary of Transportation from 

13 granting a foreign air carrier permit or an exemption to 

14 such an air carrier where such authorization is consistent 

15 with the U.S.-E.U.-Iceland-Norway Air Transport Agree16 ment and United States law. 

17 SEC. 414. None of the funds made available in this 

18 Act may be used to send or otherwise pay for the attend19 ance of more than 50 employees of a single agency or de20 partment of the United States Government, who are sta21 tioned in the United States, at any single international 

22 conference unless the relevant Secretary reports to the 

23 House and Senate Committees on Appropriations at least 

24 5 days in advance that such attendance is important to 

25 the national interest: Provided, That for purposes of this 
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1 section the term ‘‘international conference’’ shall mean a 

2 conference occurring outside of the United States attended 

3 by representatives of the United States Government and 

4 of foreign governments, international organizations, or 

5 nongovernmental organizations. 

6 SEC. 415. None of the funds made available by this 

7 Act may be used by the Department of Transportation, 

8 the Department of Housing and Urban Development, or 

9 any other Federal agency to lease or purchase new light 

10 duty vehicles for any executive fleet, or for an agency’s 

11 fleet inventory, except in accordance with Presidential 

12 Memorandum—Federal Fleet Performance, dated May 

13 24, 2011. 

14 SEC. 416. None of the funds appropriated or other15 wise made available under this Act may be used by the 

16 Surface Transportation Board to charge or collect any fil17 ing fee for rate or practice complaints filed with the Board 

18 in an amount in excess of the amount authorized for dis19 trict court civil suit filing fees under section 1914 of title 

20 28, United States Code. 

21 SEC. 417. None of the funds in this Act shall be used 

22 to plan, design, or implement the privatization of the air 

23 traffic organization functions of the Federal Aviation Ad24 ministration. 
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1 SEC. 418. (a) None of the funds made available in 

2 this Act may be used to deny an Inspector General funded 

3 under this Act timely access to any records, documents, 

4 or other materials available to the department or agency 

5 over which that Inspector General has responsibilities 

6 under the Inspector General Act of 1978 (5 U.S.C. App.), 

7 or to prevent or impede that Inspector General’s access 

8 to such records, documents, or other materials, under any 

9 provision of law, except a provision of law that expressly 

10 refers to the Inspector General and expressly limits the 

11 Inspector General’s right of access. 

12 (b) A department or agency covered by this section 

13 shall provide its Inspector General with access to all such 

14 records, documents, and other materials in a timely man15 ner. 

16 (c) Each Inspector General shall ensure compliance 

17 with statutory limitations on disclosure relevant to the in18 formation provided by the establishment over which that 

19 Inspector General has responsibilities under the Inspector 

20 General Act of 1978 (5 U.S.C. App.). 

21 (d) Each Inspector General covered by this section 

22 shall report to the Committees on Appropriations of the 

23 House of Representatives and the Senate within 5 cal24 endar days any failures to comply with this requirement. 
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1 This Act may be cited as the ‘‘Transportation, Hous2 ing and Urban Development, and Related Agencies Appro3 priations Act, 2018’’. 

Calendar No. 185 

115TH CONGRESS 

1ST SESSION S. 1655 

[Report No. 115–138] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2018, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelJULY 27, 2017 

Read twice and placed on the calendar