IIB 

116TH CONGRESS 

1ST SESSION H. R. 267 

IN THE SENATE OF THE UNITED STATES 

JANUARY 11, 2019 

Received; read twice and referred to the Committee on Appropriations 

AN ACT 

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

2019, 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, 


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1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 Departments of Transportation, and Housing and Urban 

4 Development, and related agencies for the fiscal year end5 ing September 30, 2019, and for other purposes, namely: 

6 TITLE I—DEPARTMENT OF TRANSPORTATION 

7 OFFICE OF THE SECRETARY

8 SALARIES AND EXPENSES

9 For necessary expenses of the Office of the Secretary, 

10 $113,535,000, of which not to exceed $3,001,000 shall be 

11 available for the immediate Office of the Secretary; not 

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

13 Office of the Deputy Secretary; not to exceed $20,428,000 

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

15 not to exceed $10,265,000 shall be available for the Office 

16 of the Under Secretary of Transportation for Policy; not 

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

18 the Assistant Secretary for Budget and Programs; not to 

19 exceed $2,550,000 shall be available for the Office of the 

20 Assistant Secretary for Governmental Affairs; not to ex21 ceed $29,244,000 shall be available for the Office of the 

22 Assistant Secretary for Administration; not to exceed 

23 $2,142,000 shall be available for the Office of Public Af24 fairs; not to exceed $1,835,000 shall be available for the 

25 Office of the Executive Secretariat; not to exceed 


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1 $12,325,000 shall be available for the Office of Intel2 ligence, Security, and Emergency Response; and not to ex3 ceed $16,686,000 shall be available for the Office of the 

4 Chief Information Officer: Provided, That the Secretary 

5 of Transportation is authorized to transfer funds appro6 priated for any office of the Office of the Secretary to any 

7 other office of the Office of the Secretary: Provided fur8 ther, That no appropriation for any office shall be in9 creased or decreased by more than 5 percent by all such 

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

11 funding greater than 5 percent shall be submitted for ap12 proval to the House and Senate Committees on Appropria13 tions: Provided further, That not to exceed $60,000 shall 

14 be for allocation within the Department for official recep15 tion and representation expenses as the Secretary may de16 termine: Provided further, That notwithstanding any other 

17 provision of law, excluding fees authorized in Public Law 

18 107–71, there may be credited to this appropriation up 

19 to $2,500,000 in funds received in user fees: Provided fur20 ther, That none of the funds provided in this Act shall 

21 be available for the position of Assistant Secretary for 

22 Public Affairs. 

23 RESEARCH AND TECHNOLOGY

24 For necessary expenses related to the Office of the 

25 Assistant Secretary for Research and Technology, 


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1 $8,471,000, of which $2,218,000 shall remain available 

2 until September 30, 2021: Provided, That there may be 

3 credited to this appropriation, to be available until ex4 pended, funds received from States, counties, municipali5 ties, other public authorities, and private sources for ex6 penses incurred for training: Provided further, That any 

7 reference in law, regulation, judicial proceedings, or else8 where to the Research and Innovative Technology Admin9 istration shall continue to be deemed to be a reference to 

10 the Office of the Assistant Secretary for Research and 

11 Technology of the Department of Transportation. 

12 NATIONAL INFRASTRUCTURE INVESTMENTS

13 For capital investments in surface transportation in14 frastructure, $1,000,000,000, to remain available through 

15 September 30, 2021: Provided, That the Secretary of 

16 Transportation shall distribute funds provided under this 

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

18 local government, transit agency, port authority, or a col19 laboration among such entities on a competitive basis for 

20 projects that will have a significant local or regional im21 pact: Provided further, That projects eligible for funding 

22 provided under this heading shall include, but not be lim23 ited to, highway or bridge projects eligible under title 23, 

24 United States Code; public transportation projects eligible 

25 under chapter 53 of title 49, United States Code; pasVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 senger and freight rail transportation projects; and port 

2 infrastructure investments (including inland port infra3 structure and land ports of entry): Provided further, That 

4 of the amount made available under this heading, the Sec5 retary may use an amount not to exceed $15,000,000 for 

6 the planning, preparation or design of projects eligible for 

7 funding under this heading: Provided further, That grants 

8 awarded under the previous proviso shall not be subject 

9 to a minimum grant size: Provided further, That the Sec10 retary may use up to 20 percent of the funds made avail11 able under this heading for the purpose of paying the sub12 sidy and administrative costs of projects eligible for Fed13 eral credit assistance under chapter 6 of title 23, United 

14 States Code, or sections 501 through 504 of the Railroad 

15 Revitalization and Regulatory Reform Act of 1976 (Public 

16 Law 94–210), as amended, if the Secretary finds that 

17 such use of the funds would advance the purposes of this 

18 paragraph: Provided further, That in distributing funds 

19 provided under this heading, the Secretary shall take such 

20 measures so as to ensure an equitable geographic distribu21 tion of funds, an appropriate balance in addressing the 

22 needs of urban and rural areas, and the investment in a 

23 variety of transportation modes: Provided further, That a 

24 grant funded under this heading shall be not less than 

25 $5,000,000 and not greater than $25,000,000: Provided 


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1 further, That not more than 10 percent of the funds made 

2 available under this heading may be awarded to projects 

3 in a single State: Provided further, That the Federal share 

4 of the costs for which an expenditure is made under this 

5 heading shall be, at the option of the recipient, up to 80 

6 percent: Provided further, That the Secretary shall give 

7 priority to projects that require a contribution of Federal 

8 funds in order to complete an overall financing package: 

9 Provided further, That not less than 30 percent of the 

10 funds provided under this heading shall be for projects lo11 cated in rural areas: Provided further, That for projects 

12 located in rural areas, the minimum grant size shall be 

13 $1,000,000 and the Secretary may increase the Federal 

14 share of costs above 80 percent: Provided further, That 

15 projects conducted using funds provided under this head16 ing must comply with the requirements of subchapter IV 

17 of chapter 31 of title 40, United States Code: Provided 

18 further, That the Secretary shall conduct a new competi19 tion to select the grants and credit assistance awarded 

20 under this heading: Provided further, That the Secretary 

21 may retain up to $25,000,000 of the funds provided under 

22 this heading, and may transfer portions of those funds to 

23 the Administrators of the Federal Highway Administra24 tion, the Federal Transit Administration, the Federal 

25 Railroad Administration, and the Maritime AdministraVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 tion to fund the award and oversight of grants and credit 

2 assistance made under the National Infrastructure Invest3 ments program: Provided further, That none of the funds 

4 provided in the previous proviso may be used to hire addi5 tional personnel: Provided further, That the Secretary 

6 shall consider and award projects based solely on the selec7 tion criteria from the fiscal year 2016 Notice of Funding 

8 Opportunity: Provided further, That the Secretary shall 

9 not use the Federal share or an applicant’s ability to gen10 erate non-Federal revenue as a selection criteria in award11 ing projects: Provided further, That the Secretary shall 

12 issue the Notice of Funding Opportunity no later than 60 

13 days after enactment of this Act: Provided further, That 

14 the Notice of Funding Opportunity shall require applica15 tion submissions 90 days after the publishing of such No16 tice: Provided further, That of the applications submitted 

17 under the previous two provisos, the Secretary shall make 

18 grants no later than 270 days after enactment of this Act 

19 in such amounts that the Secretary determines: Provided 

20 further, That such sums provided for national infrastruc21 ture investments for passenger rail transportation projects 

22 under title I of division C of the Consolidated and Further 

23 Continuing Appropriations Act, 2012 (Public Law 112– 

24 55; 125 Stat. 641), shall remain available for expenditure 

25 through fiscal year 2019 for the liquidation of valid obligaVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 tions of active grants incurred in fiscal year 2012: Pro2 vided further, That such sums provided for national infra3 structure investments for port infrastructure projects 

4 under title VIII of division F of the Consolidated and Fur5 ther Continuing Appropriations Act, 2013 (Public Law 

6 113–6; 127 Stat. 432) shall remain available through fis7 cal year 2020 for the liquidation of valid obligations of 

8 active grants incurred in fiscal year 2013: Provided fur9 ther, That the 2 preceding provisos shall be applied as if 

10 they were in effect on September 30, 2018: Provided fur11 ther, That after calculating the distribution of obligation 

12 limitation for Federal-aid highways for fiscal year 2019 

13 under section 120(a), the obligation limitation shall be re14 duced by $52,000,000 to a total of $45,216,596,000: Pro15 vided further, That the reduction in the preceding proviso 

16 shall be applied to the obligation limitation determined 

17 under section 120(a)(4) for the TIFIA program (as de18 fined in section 601(a) of title 23, United States Code). 

19 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

20 FINANCE BUREAU

21 For necessary expenses of the National Surface 

22 Transportation and Innovative Finance Bureau as author23 ized by 49 U.S.C. 116, $2,987,000, to remain available 

24 until expended. 


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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, $2,000,000, to remain 

5 available through September 30, 2020. 

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, 2020. 

17 OFFICE OF CIVIL RIGHTS

18 For necessary expenses of the Office of Civil Rights, 

19 $9,470,000. 

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, $7,879,000, to remain avail25 able until expended: Provided, That of such amount, 


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1 $1,000,000 shall be for necessary expenses for 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 transferred from other Federal agencies for ex6 penses incurred under this heading for IIPIC activities not 

7 related to transportation infrastructure: Provided further, 

8 That the tools and analysis developed by the IIPIC shall 

9 be available to other Federal agencies for the permitting 

10 and 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 $203,883,000, 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 necessary expenses of the Minority Business Re10 source Center, the provision of financial education out11 reach activities to eligible transportation-related small 

12 businesses, the monitoring of existing loans in the guaran13 teed loan program, and the modification of such loans of 

14 the Minority Business Resource Center, $249,000, as au15 thorized by 49 U.S.C. 332: Provided, That notwith16 standing that section, these funds may be for business op17 portunities related to any mode of transportation. 

18 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

19 OUTREACH

20 For necessary expenses for small and disadvantaged 

21 business utilization and outreach activities, $3,488,000, to 

22 remain available until September 30, 2020: 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, $175,000,000, 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. The Secretary shall post on the Web site 

15 of the Department of Transportation a schedule of all 

16 meetings of the Council on Credit and Finance, including 

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

18 Credit and Finance to record the decisions and actions 

19 of each meeting. 

20 SEC. 103. In addition to authority provided by section 

21 327 of title 49, United States Code, the Department’s 

22 Working Capital Fund is hereby authorized to provide 

23 partial or full payments in advance and accept subsequent 

24 reimbursements from all Federal agencies from available 

25 funds for transit benefit distribution services that are necVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 essary to carry out the Federal transit pass transportation 

2 fringe benefit program under Executive Order No. 13150 

3 and section 3049 of Public Law 109–59: Provided, That 

4 the Department shall maintain a reasonable operating re5 serve in the Working Capital Fund, to be expended in ad6 vance to provide uninterrupted transit benefits to Govern7 ment employees: Provided further, That such reserve will 

8 not exceed one month of benefits payable and may be used 

9 only for the purpose of providing for the continuation of 

10 transit benefits: Provided further, That the Working Cap11 ital Fund will be fully reimbursed by each customer agen12 cy from available funds for the actual cost of the transit 

13 benefit. 

14 FEDERAL AVIATION ADMINISTRATION

15 OPERATIONS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 For necessary expenses of the Federal Aviation Ad18 ministration, not otherwise provided for, including oper19 ations and research activities related to commercial space 

20 transportation, administrative expenses for research and 

21 development, establishment of air navigation facilities, the 

22 operation (including leasing) and maintenance of aircraft, 

23 subsidizing the cost of aeronautical charts and maps sold 

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

25 vehicles for replacement only, in addition to amounts made 


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1 available by Public Law 112–95, $10,410,758,000, to re2 main available until September 30, 2020, of which 

3 $9,833,400,000 shall be derived from the Airport and Air4 way Trust Fund, of which not to exceed $7,843,427,000 

5 shall be available for air traffic organization activities; not 

6 to exceed $1,334,377,000 shall be available for aviation 

7 safety activities; not to exceed $24,981,000 shall be avail8 able for commercial space transportation activities; not to 

9 exceed $816,562,000 shall be available for finance and 

10 management activities; not to exceed $61,796,000 shall be 

11 available for NextGen and operations planning activities; 

12 not to exceed $114,312,000 shall be available for security 

13 and hazardous materials safety; and not to exceed 

14 $215,303,000 shall be available for staff offices: Provided, 

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

16 for aviation safety budget activity, may be transferred to 

17 any budget activity under this heading: Provided further, 

18 That no transfer may increase or decrease any appropria19 tion by more than 5 percent: Provided further, That any 

20 transfer in excess of 5 percent shall be treated as a re21 programming of funds under section 405 of this Act and 

22 shall not be available for obligation or expenditure except 

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

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

25 fiscal year hereafter, the Administrator of the Federal 


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1 Aviation Administration shall transmit to Congress an an2 nual update to the report submitted to Congress in De3 cember 2004 pursuant to section 221 of Public Law 108– 

4 176: Provided further, That the amount herein appro5 priated shall be reduced by $100,000 for each day after 

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

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

8 of each fiscal year hereafter, the Administrator shall 

9 transmit to Congress a companion report that describes 

10 a comprehensive strategy for staffing, hiring, and training 

11 flight standards and aircraft certification staff in a format 

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

13 including stated attrition estimates and numerical hiring 

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

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

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

17 submitted to Congress: Provided further, That funds may 

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

19 standard-setting organization to assist in the development 

20 of aviation safety standards: Provided further, That none 

21 of the funds in this Act shall be available for new appli22 cants for the second career training program: Provided 

23 further, That none of the funds in this Act shall be avail24 able for the Federal Aviation Administration to finalize 

25 or implement any regulation that would promulgate new 


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1 aviation user fees not specifically authorized by law after 

2 the date of the enactment of this Act: Provided further, 

3 That there may be credited to this appropriation, as off4 setting collections, funds received from States, counties, 

5 municipalities, foreign authorities, other public authori6 ties, and private sources for expenses incurred in the pro7 vision of agency services, including receipts for the mainte8 nance and operation of air navigation facilities, and for 

9 issuance, renewal or modification of certificates, including 

10 airman, aircraft, and repair station certificates, or for 

11 tests related thereto, or for processing major repair or al12 teration forms: Provided further, That of the funds appro13 priated under this heading, not less than $168,000,000 

14 shall be used to fund direct operations of the current 254 

15 air traffic control towers in the contract tower program, 

16 including the contract tower cost share program, and any 

17 airport that is currently qualified or that will qualify for 

18 the program during the fiscal year: Provided further, That 

19 none of the funds in this Act for aeronautical charting 

20 and cartography are available for activities conducted by, 

21 or coordinated through, the Working Capital Fund: Pro22 vided further, That none of the funds appropriated or oth23 erwise made available by this Act or any other Act may 

24 be used to eliminate the Contract Weather Observers pro25 gram at any airport: Provided further, That of the amount 


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1 appropriated under this heading, up to $6,000,000 shall 

2 be used for providing matching funds to qualified commer3 cial entities seeking to demonstrate or validate tech4 nologies that the Federal Aviation Administration con5 siders essential to the safe integration of unmanned air6 craft systems (UAS) in the National Airspace System at 

7 Federal Aviation Administration designated UAS test 

8 sites: Provided further, That not later than 60 days after 

9 the date of enactment of this Act, the Administrator of 

10 the Federal Aviation Administration shall identify essen11 tial integration technologies that could be demonstrated 

12 or validated at test sites designated in accordance with 

13 the preceding proviso. 

14 FACILITIES AND EQUIPMENT

15 (AIRPORT AND AIRWAY TRUST FUND)

16 For necessary expenses, not otherwise provided for, 

17 for acquisition, establishment, technical support services, 

18 improvement by contract or purchase, and hire of national 

19 airspace systems and experimental facilities and equip20 ment, as authorized under part A of subtitle VII of title 

21 49, United States Code, including initial acquisition of 

22 necessary sites by lease or grant; engineering and service 

23 testing, including construction of test facilities and acqui24 sition of necessary sites by lease or grant; construction 

25 and furnishing of quarters and related accommodations 


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1 for officers and employees of the Federal Aviation Admin2 istration stationed at remote localities where such accom3 modations are not available; and the purchase, lease, or 

4 transfer of aircraft from funds available under this head5 ing, including aircraft for aviation regulation and certifi6 cation; to be derived from the Airport and Airway Trust 

7 Fund, $3,000,000,000, of which $512,823,000 shall re8 main available until September 30, 2020, $2,362,977,000 

9 shall remain available until September 30, 2021, and 

10 $124,200,000 shall remain available until expended: Pro11 vided, That there may be credited to this appropriation 

12 funds received from States, counties, municipalities, other 

13 public authorities, and private sources, for expenses in14 curred in the establishment, improvement, and moderniza15 tion of national airspace systems: Provided further, That 

16 no later than March 31, the Secretary of Transportation 

17 shall transmit to the Congress an investment plan for the 

18 Federal Aviation Administration which includes funding 

19 for each budget line item for fiscal years 2020 through 

20 2024, with total funding for each year of the plan con21 strained 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 $191,000,000, to be derived from the Airport and Airway 

9 Trust Fund and to remain available until September 30, 

10 2021: 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, $3,000,000,000, 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 $3,350,000,000 in fiscal year 2019, 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 conVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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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 $112,600,000 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, United States Code, 

13 such program may include the participation of an airport 

14 that serves a community or consortium that is not larger 

15 than a small hub airport, according to FAA hub classifica16 tions effective at the time the Office of the Secretary 

17 issues a request for proposals. 

18 GRANTS-IN-AID FOR AIRPORTS

19 For an additional amount for ‘‘Grants-In-Aid for Air20 ports’’, to enable the Secretary of Transportation to make 

21 grants for projects as authorized by subchapter 1 of chap22 ter 471 and subchapter 1 of chapter 475 of title 49, 

23 United States Code, $750,000,000, to remain available 

24 through September 30, 2021: Provided, That amounts 

25 made available under this heading shall be derived from 


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1 the general fund, and such funds shall not be subject to 

2 apportionment formulas, special apportionment categories, 

3 or minimum percentages under chapter 471: Provided fur4 ther, That the Secretary shall distribute funds provided 

5 under this heading as discretionary grants to airports: 

6 Provided further, That the amount made available under 

7 this heading shall not be subject to any limitation on obli8 gations for the Grants-in-Aid for Airports program set 

9 forth in any Act: Provided further, That the Administrator 

10 of the Federal Aviation Administration may retain up to 

11 0.5 percent of the funds provided under this heading to 

12 fund the award and oversight by the Administrator of 

13 grants made under this heading. 

14 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

15 ADMINISTRATION

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

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

18 the federally funded research and development center con19 tract between the Federal Aviation Administration and the 

20 Center for Advanced Aviation Systems Development dur21 ing fiscal year 2019. 

22 SEC. 111. None of the funds in this Act shall be used 

23 to pursue or adopt guidelines or regulations requiring air24 port sponsors to provide to the Federal Aviation Adminis25 tration without cost building construction, maintenance, 


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

2 buildings for services relating to air traffic control, air 

3 navigation, or weather reporting: Provided, That the pro4 hibition of funds in this section does not apply to negotia5 tions between the agency and airport sponsors to achieve 

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

7 grant assurances that require airport sponsors to provide 

8 land without cost to the Federal Aviation Administration 

9 for air traffic control facilities. 

10 SEC. 112. The Administrator of the Federal Aviation 

11 Administration may reimburse amounts made available to 

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

13 49 U.S.C. 45303 and any amount remaining in such ac14 count at the close of that fiscal year may be made available 

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

16 year. 

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

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

19 appropriation current at the time of collection, to be 

20 merged with and available for the same purposes of such 

21 appropriation. 

22 SEC. 114. None of the funds in this Act shall be avail23 able for paying premium pay under subsection 5546(a) of 

24 title 5, United States Code, to any Federal Aviation Ad25 ministration employee unless such employee actually perVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 formed work during the time corresponding to such pre2 mium pay. 

3 SEC. 115. None of the funds in this Act may be obli4 gated or expended for an employee of the Federal Aviation 

5 Administration to purchase a store gift card or gift certifi6 cate through use of a Government-issued credit card. 

7 SEC. 116. None of the funds in this Act may be obli8 gated or expended for retention bonuses for an employee 

9 of the Federal Aviation Administration without the prior 

10 written approval of the Assistant Secretary for Adminis11 tration of the Department of Transportation. 

12 SEC. 117. Notwithstanding any other provision of 

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

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

15 to implement any limitation on the ability of any owner 

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

17 to the Administrator of the Federal Aviation Administra18 tion, a blocking of that owner’s or operator’s aircraft reg19 istration number from any display of the Federal Aviation 

20 Administration’s Aircraft Situational Display to Industry 

21 data that is made available to the public, except data made 

22 available to a Government agency, for the noncommercial 

23 flights of that owner or operator. 

24 SEC. 118. None of the funds in this Act shall be avail25 able for salaries and expenses of more than eight political 


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1 and Presidential appointees in the Federal Aviation Ad2 ministration. 

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

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

5 44721 of title 49, United States Code, until the Federal 

6 Aviation Administration provides to the House and Senate 

7 Committees on Appropriations a report that justifies all 

8 fees related to aeronautical navigation products and ex9 plains how such fees are consistent with Executive Order 

10 13642. 

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

12 used to close a regional operations center of the Federal 

13 Aviation Administration or reduce its services unless the 

14 Administrator notifies the House and Senate Committees 

15 on Appropriations not less than 90 full business days in 

16 advance. 

17 SEC. 119B. None of the funds appropriated or lim18 ited by this Act may be used to change weight restrictions 

19 or prior permission rules at Teterboro airport in 

20 Teterboro, New Jersey. 

21 SEC. 119C. None of the funds provided under this 

22 Act may be used by the Administrator of the Federal Avia23 tion Administration to withhold from consideration and 

24 approval any new application for participation in the Con25 tract Tower Program, or for reevaluation of Cost-share 


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1 Program participants, as long as the Federal Aviation Ad2 ministration has received an application from the airport, 

3 and as long as the Administrator determines such tower 

4 is eligible using the factors set forth in the Federal Avia5 tion Administration report, Establishment and Dis6 continuance Criteria for Airport Traffic Control Towers 

7 (FAA–APO–90–7 as of August, 1990). 

8 SEC. 119D. Notwithstanding any other provision of 

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

10 obligated or expended to limit the use of an Organization 

11 Designation Authorization’s (ODA) delegated functions 

12 documented in its procedures manual on a type certifi13 cation project unless the Administrator documents a sys14 temic airworthiness noncompliance performance issue as 

15 a result of inspection or oversight that the safety of air 

16 commerce requires a limitation with regard to a specific 

17 authorization or where an ODA’s capability has not been 

18 previously established in terms of a new compliance meth19 od or design feature: Provided, That in such cases the 

20 Federal Aviation Administration shall work with the ODA 

21 holder if requested to develop the capability to execute 

22 that function safely, efficiently and effectively. 

23 SEC. 119E. (a) TERMINAL AERODROME FORE24 CAST.—The Administrator shall permit an air carrier op25 eration under part 121 of title 14, Code of Federal ReguVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 lations, to operate to a destination determined to be under 

2 visual flight rules without a Terminal Aerodrome Forecast 

3 or Meteorological Aerodrome Report if a current Area 

4 Forecast, supplemented by other local weather observa5 tions or reports, is available, and an alternate airport that 

6 has an available Terminal Aerodrome Forecast and weath7 er report is specified. The air carrier shall have approved 

8 procedures for dispatch and en route weather evaluation 

9 and shall operate under instrument flight rules en route 

10 to the destination. 

11 (b) LIMITATION.—Without a written finding of neces12 sity, based on objective and historical evidence of immi13 nent threat to safety, the Administrator shall not promul14 gate any operation specification, policy, or guidance docu15 ment that is more restrictive than, or requires procedures 

16 that are not expressly stated in, the regulations. 

17 SEC. 119F. Of the funds provided under the heading 

18 ‘‘Grants-in-aid for Airports’’, up to $3,500,000 shall be 

19 for necessary expenses, including an independent 

20 verification regime, to provide reimbursement to airport 

21 sponsors that do not provide gateway operations and pro22 viders of general aviation ground support services located 

23 at those airports closed during a temporary flight restric24 tion (TFR) for any residence of the President that is des25 ignated or identified to be secured by the United States 


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1 Secret Service, and for direct and incremental financial 

2 losses incurred while such airports are closed solely due 

3 to the actions of the Federal Government: Provided, That 

4 no funds shall be obligated or distributed to airport spon5 sors that do not provide gateway operations and providers 

6 of general aviation ground support services until an inde7 pendent audit is completed: Provided further, That losses 

8 incurred as a result of violations of law, or through fault 

9 or negligence, of such operators and service providers or 

10 of third parties (including airports) are not eligible for re11 imbursements: Provided further, That obligation and ex12 penditure of funds are conditional upon full release of the 

13 United States Government for all claims for financial 

14 losses resulting from such actions. 

15 REPORT ON NEXTGEN IMPLEMENTATION

16 SEC. 119G. (a) IN GENERAL.—Not later than 1 year 

17 after the date of enactment of this Act, the Administrator 

18 shall submit to Congress a report on the implementation 

19 of NextGen at commercial service airports in the United 

20 States. 

21 (b) ELEMENTS.—The report required by subsection 

22 (a) shall include the following: 

23 (1) The number and percentage of commercial 

24 service airports in the United States that have fully 

25 implemented NextGen. 


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1 (2) The percentage completion of NextGen im2 plementation at each commercial service airport in 

3 the United States. 

4 (c) DEVELOPMENT OF STANDARD TO DETERMINE

5 PERCENTAGE IMPLEMENTATION OF NEXTGEN.— 

6 (1) IN GENERAL.—The Administrator shall de7 velop a standard for determining under subsection 

8 (b)(2) the percentage completion of NextGen imple9 mentation at commercial service airports in the 

10 United States based on factors that may include an 

11 accounting of efficiency benefits achieved, the degree 

12 of NextGen technology and infrastructure installed, 

13 and the extent of controller training on NextGen. 

14 (2) INCLUSION IN REPORT.—The Administrator 

15 shall include in the report submitted under sub16 section (a) the standard developed under paragraph 

17 (1). 

18 (d) DEFINITIONS.—In this section: 

19 (1) ADMINISTRATOR.—The term ‘‘Adminis20 trator’’ means the Administrator of the Federal 

21 Aviation Administration. 

22 (2) NEXTGEN.—The term ‘‘NextGen’’ means 

23 the Next Generation Air Transportation System. 


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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 $446,444,304, 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. In addition, $3,248,000 shall be transferred 

10 to the Appalachian Regional Commission in accordance 

11 with section 104(a) of title 23, United States Code. 

12 FEDERAL-AID HIGHWAYS

13 (LIMITATION ON OBLIGATIONS)

14 (HIGHWAY TRUST FUND)

15 Funds available for the implementation or execution 

16 of Federal-aid highway and highway safety construction 

17 programs authorized under titles 23 and 49, United States 

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

19 Transportation Act shall not exceed total obligations of 

20 $45,268,596,000 for fiscal year 2019: Provided, That the 

21 Secretary may collect and spend fees, as authorized by 

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

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

24 and project finance to assist in the underwriting and serv25 icing of Federal credit instruments and all or a portion 


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1 of the costs to the Federal Government of servicing such 

2 credit instruments: Provided further, That such fees are 

3 available until expended to pay for such costs: Provided 

4 further, That such amounts are in addition to administra5 tive expenses that are also available for such purpose, and 

6 are not subject to any obligation limitation or the limita7 tion on administrative expenses under section 608 of title 

8 23, United States Code. 

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (HIGHWAY TRUST FUND)

11 For the payment of obligations incurred in carrying 

12 out Federal-aid highway and highway safety construction 

13 programs authorized under title 23, United States Code, 

14 $46,007,596,000 derived from the Highway Trust Fund 

15 (other than the Mass Transit Account), to remain avail16 able until expended. 

17 HIGHWAY INFRASTRUCTURE PROGRAMS

18 There is hereby appropriated to the Secretary of 

19 Transportation $3,300,000,000: Provided, That the 

20 amounts made available under this heading shall be de21 rived from the general fund, shall be in addition to any 

22 funds provided for fiscal year 2019 in this or any other 

23 Act for ‘‘Federal-aid Highways’’ under chapter 1 of title 

24 23, United States Code, and shall not affect the distribu25 tion or amount of funds provided in any other Act: ProVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 vided further, That section 1101(b) of Public Law 114– 

2 94 shall apply to funds made available under this heading: 

3 Provided further, That of the funds made available under 

4 this heading, $2,389,200,000 shall be set aside for activi5 ties eligible under section 133(b)(1)(A) of title 23, United 

6 States Code, $15,800,000 shall be set aside for activities 

7 eligible under the Puerto Rico Highway Program as de8 scribed in section 165(b)(2)(C) of such title, $5,000,000 

9 shall be set aside for activities eligible under the Terri10 torial Highway Program, as described in section 165(c)(6) 

11 of such title, $90,000,000 shall be set aside for the elimi12 nation of hazards and installation of protective devices at 

13 railway-highway crossings, as described in section 

14 130(e)(1)(A) of such title, and $800,000,000 shall be set 

15 aside for a bridge replacement and rehabilitation program 

16 for States: Provided further, That for purposes of this 

17 heading, the term ‘‘State’’ means any of the 50 States 

18 or the District of Columbia: Provided further, That the 

19 funds made available under this heading for activities eli20 gible under section 133(b)(1)(A) of title 23, United States 

21 Code, shall be suballocated in the manner described in sec22 tion 133(d) of such title, except that the set-aside de23 scribed in section 133(h) of such title shall not apply to 

24 funds made available under this heading: Provided further, 

25 That the funds made available under this heading for (1) 


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1 activities eligible under section 133(b)(1)(A) of such title 

2 (2) the elimination of hazards and installation of protec3 tive devices at railway-highway crossings, and (3) a bridge 

4 replacement and rehabilitation program shall be adminis5 tered as if apportioned under chapter 1 of such title and 

6 shall remain available through September 30, 2022: Pro7 vided further, That the funds made available under this 

8 heading for activities eligible under section 133(b)(1)(A) 

9 of title 23, United States Code, shall be apportioned to 

10 the States in the same ratio as the obligation limitation 

11 for fiscal year 2019 is distributed among the States in 

12 section 120(a)(5) of this Act: Provided further, That, ex13 cept as provided in the following proviso, the funds made 

14 available under this heading for activities eligible under 

15 the Puerto Rico Highway Program and activities eligible 

16 under the Territorial Highway Program shall be adminis17 tered as if allocated under sections 165(b) and 165(c), re18 spectively, of such title and shall remain available through 

19 September 30, 2022: Provided further, That the funds 

20 made available under this heading for activities eligible 

21 under the Puerto Rico Highway Program shall not be sub22 ject to the requirements of sections 165(b)(2)(A) or 

23 165(b)(2)(B) of such title: Provided further, That the 

24 funds made available under this heading for the elimi25 nation of hazards and installation of protective devices at 


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1 railway-highway crossings shall be apportioned to the 

2 States as described in sections 130(f)(1) and (f)(2) of such 

3 title: Provided further, That at least one-half of the funds 

4 made available to a State under this heading for the elimi5 nation of hazards and installation of protective devices at 

6 railway-highway crossings shall be available for the instal7 lation of protective devices at railway-highway crossings: 

8 Provided further, That the funds made available under this 

9 heading for the elimination of hazards and installation of 

10 protective devices at railway-highway crossings shall be 

11 subject to the special rule described in section 130(e)(2) 

12 of such title: Provided further, That projects carried out 

13 with funds made available under this heading for the 

14 elimination of hazards and installation of protective de15 vices at railway-highway crossings shall be (1) subject to 

16 sections 130(b), (c), and (j) of such title, (2) included in 

17 the annual report described in section 130(g) of such title, 

18 and (3) subject to the Federal share requirement de19 scribed in section 130(f)(3) of such title: Provided further, 

20 That the funds made available under this heading for the 

21 elimination of hazards and installation of protective de22 vices at railway-highway crossings shall be (1) available 

23 for matching, as described in section 130(h) of such title, 

24 subject to the requirements of such section, (2) available 

25 for incentive payments, as described in section 130(i) of 


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1 such title, subject to the requirements of such section, and 

2 (3) subject to the limitation in section 130(k) of such title: 

3 Provided further, That the funds made available under this 

4 heading for a bridge replacement and rehabilitation pro5 gram shall be used for highway bridge replacement or re6 habilitation projects on public roads: Provided further, 

7 That except as provided in the following proviso the funds 

8 made available under this heading for a bridge replace9 ment and rehabilitation program shall be used in areas 

10 of a State that have a population of 200,000 or fewer indi11 viduals: Provided further, That if a State has no bridges 

12 located in areas with a population of 200,000 or fewer 

13 individuals, or if a State has no bridge replacement or re14 habilitation needs in areas of the State with a population 

15 of 200,000 or fewer individuals, the funds made available 

16 under this heading for a bridge replacement and rehabili17 tation program may be used for highway bridge replace18 ment or rehabilitation projects on public roads in any area 

19 of the State: Provided further, That the Secretary shall 

20 distribute funds made available under this heading for the 

21 bridge replacement and rehabilitation program to each 

22 State by the proportion that the percentage of total deck 

23 area of bridges classified as in poor condition in each State 

24 bears to the sum of the percentages of total deck area 

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1 vided further, That for purposes of this heading for the 

2 bridge replacement and rehabilitation program, the Sec3 retary shall (1) calculate population based on the latest 

4 available data from the decennial census conducted under 

5 section 141(a) of title 13, United States Code, and (2) 

6 calculate the percentages of total deck area of bridges clas7 sified as in poor condition based on the National Bridge 

8 Inventory as of December 31, 2017. 

9 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

10 ADMINISTRATION

11 SEC. 120. (a) For fiscal year 2019, the Secretary of 

12 Transportation shall— 

13 (1) not distribute from the obligation limitation 

14 for Federal-aid highways— 

15 (A) amounts authorized for administrative 

16 expenses and programs by section 104(a) of 

17 title 23, United States Code; and 

18 (B) amounts authorized for the Bureau of 

19 Transportation Statistics; 

20 (2) not distribute an amount from the obliga21 tion limitation for Federal-aid highways that is equal 

22 to the unobligated balance of amounts— 

23 (A) made available from the Highway 

24 Trust Fund (other than the Mass Transit Ac25 count) for Federal-aid highway and highway 


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1 safety construction programs for previous fiscal 

2 years the funds for which are allocated by the 

3 Secretary (or apportioned by the Secretary 

4 under sections 202 or 204 of title 23, United 

5 States Code); and 

6 (B) for which obligation limitation was 

7 provided in a previous fiscal year; 

8 (3) determine the proportion that— 

9 (A) the obligation limitation for Federal10 aid highways, less the aggregate of amounts not 

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

12 this subsection; bears to 

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

14 appropriated for the Federal-aid highway and 

15 highway safety construction programs (other 

16 than sums authorized to be appropriated for 

17 provisions of law described in paragraphs (1) 

18 through (11) of subsection (b) and sums au19 thorized to be appropriated for section 119 of 

20 title 23, United States Code, equal to the 

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

22 such fiscal year), less the aggregate of the 

23 amounts not distributed under paragraphs (1) 

24 and (2) of this subsection; 


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1 (4) distribute the obligation limitation for Fed2 eral-aid highways, less the aggregate amounts not 

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

4 of the programs (other than programs to which 

5 paragraph (1) applies) that are allocated by the Sec6 retary under the Fixing America’s Surface Trans7 portation Act and title 23, United States Code, or 

8 apportioned by the Secretary under sections 202 or 

9 204 of that title, by multiplying— 

10 (A) the proportion determined under para11 graph (3); by 

12 (B) the amounts authorized to be appro13 priated for each such program for such fiscal 

14 year; and 

15 (5) distribute the obligation limitation for Fed16 eral-aid highways, less the aggregate amounts not 

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

18 amounts distributed under paragraph (4), for Fed19 eral-aid highway and highway safety construction 

20 programs that are apportioned by the Secretary 

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

22 amounts apportioned for the National Highway Per23 formance Program in section 119 of title 23, United 

24 States Code, that are exempt from the limitation 

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1 tioned under sections 202 and 204 of that title) in 

2 the proportion that— 

3 (A) amounts authorized to be appropriated 

4 for the programs that are apportioned under 

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

6 such fiscal year; bears to 

7 (B) the total of the amounts authorized to 

8 be appropriated for the programs that are ap9 portioned under title 23, United States Code, to 

10 all States for such fiscal year. 

11 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

12 The obligation limitation for Federal-aid highways shall 

13 not apply to obligations under or for— 

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

15 (2) section 147 of the Surface Transportation 

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

17 Stat. 2714); 

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

19 of 1981 (95 Stat. 1701); 

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

21 Surface Transportation Assistance Act of 1982 (96 

22 Stat. 2119); 

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

24 Surface Transportation and Uniform Relocation As25 sistance Act of 1987 (101 Stat. 198); 


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1 (6) sections 1103 through 1108 of the Inter2 modal Surface Transportation Efficiency Act of 

3 1991 (105 Stat. 2027); 

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

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

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

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

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

9 of those fiscal years); 

10 (9) Federal-aid highway programs for which ob11 ligation authority was made available under the 

12 Transportation Equity Act for the 21st Century 

13 (112 Stat. 107) or subsequent Acts for multiple 

14 years or to remain available until expended, but only 

15 to the extent that the obligation authority has not 

16 lapsed or been used; 

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

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

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

20 of those fiscal years); 

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

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

23 funds obligated in accordance with that section were 

24 not subject to a limitation on obligations at the time 


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1 at which the funds were initially made available for 

2 obligation; and 

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

4 (but, for each of fiscal years 2013 through 2019, 

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

6 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU7 THORITY.—Notwithstanding subsection (a), the Secretary 

8 shall, after August 1 of such fiscal year— 

9 (1) revise a distribution of the obligation limita10 tion made available under subsection (a) if an 

11 amount distributed cannot be obligated during that 

12 fiscal year; and 

13 (2) redistribute sufficient amounts to those 

14 States able to obligate amounts in addition to those 

15 previously distributed during that fiscal year, giving 

16 priority to those States having large unobligated bal17 ances of funds apportioned under sections 144 (as in 

18 effect on the day before the date of enactment of 

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

20 States Code. 

21 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

22 TRANSPORTATION RESEARCH PROGRAMS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), the obligation limitation for Federal-aid 


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1 highways shall apply to contract authority for trans2 portation research programs carried out under— 

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

4 Code; and 

5 (B) title VI of the Fixing America’s Sur6 face Transportation Act. 

7 (2) EXCEPTION.—Obligation authority made 

8 available under paragraph (1) shall— 

9 (A) remain available for a period of 4 fis10 cal years; and 

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

12 limitation imposed on obligations for Federal13 aid highway and highway safety construction 

14 programs for future fiscal years. 

15 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

16 FUNDS.— 

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

18 the date of distribution of obligation limitation 

19 under subsection (a), the Secretary shall distribute 

20 to the States any funds (excluding funds authorized 

21 for the program under section 202 of title 23, 

22 United States Code) that— 

23 (A) are authorized to be appropriated for 

24 such fiscal year for Federal-aid highway pro25 grams; and 


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1 (B) the Secretary determines will not be 

2 allocated to the States (or will not be appor3 tioned to the States under section 204 of title 

4 23, United States Code), and will not be avail5 able for obligation, for such fiscal year because 

6 of the imposition of any obligation limitation for 

7 such fiscal year. 

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

9 paragraph (1) in the same proportion as the dis10 tribution of obligation authority under subsection 

11 (a)(5). 

12 (3) AVAILABILITY.—Funds distributed to each 

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

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

15 United States Code. 

16 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re17 ceived by the Bureau of Transportation Statistics from the 

18 sale of data products, for necessary expenses incurred pur19 suant to chapter 63 of title 49, United States Code, may 

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

21 purpose of reimbursing the Bureau for such expenses: 

22 Provided, That such funds shall be subject to the obliga23 tion limitation for Federal-aid highway and highway safety 

24 construction programs. 


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

2 under his or her statutory authority, any Buy America re3 quirement for Federal-aid highways projects, the Sec4 retary of Transportation shall make an informal public no5 tice and comment opportunity on the intent to issue such 

6 waiver and the reasons therefor: Provided, That the Sec7 retary shall provide an annual report to the House and 

8 Senate Committees on Appropriations on any waivers 

9 granted under the Buy America requirements. 

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

11 the Department of Transportation may be used to provide 

12 credit assistance unless not less than 3 days before any 

13 application approval to provide credit assistance under 

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

15 Secretary of Transportation provides notification in writ16 ing to the following committees: the House and Senate 

17 Committees on Appropriations; the Committee on Envi18 ronment and Public Works and the Committee on Bank19 ing, Housing and Urban Affairs of the Senate; and the 

20 Committee on Transportation and Infrastructure of the 

21 House of Representatives: Provided, That such notifica22 tion shall include, but not be limited to, the name of the 

23 project sponsor; a description of the project; whether cred24 it assistance will be provided as a direct loan, loan guarVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 antee, or line of credit; and the amount of credit assist2 ance. 

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

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

5 23, United States Code, unless the Secretary, at least 60 

6 days before making a grant under that section, provides 

7 written notification to the House and Senate Committees 

8 on Appropriations of the proposed grant, including an 

9 evaluation and justification for the project and the amount 

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

11 notification required in the previous proviso shall be made 

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

13 SEC. 125. (a) A State or territory, as defined in sec14 tion 165 of title 23, United States Code, may use for any 

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

16 165 of title 23 and located within the boundary of the 

17 State or territory any earmarked amount, and any associ18 ated obligation limitation: Provided, That the Department 

19 of Transportation for the State or territory for which the 

20 earmarked amount was originally designated or directed 

21 notifies the Secretary of Transportation of its intent to 

22 use its authority under this section and submits a quar23 terly report to the Secretary identifying the projects to 

24 which the funding would be applied. Notwithstanding the 

25 original period of availability of funds to be obligated 


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1 under this section, such funds and associated obligation 

2 limitation shall remain available for obligation for a period 

3 of 3 fiscal years after the fiscal year in which the Sec4 retary of Transportation is notified. The Federal share of 

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

6 under this section shall be the same as associated with 

7 the earmark. 

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

9 means— 

10 (1) congressionally directed spending, as de11 fined in rule XLIV of the Standing Rules of the 

12 Senate, identified in a prior law, report, or joint ex13 planatory statement, which was authorized to be ap14 propriated or appropriated more than 10 fiscal years 

15 prior to the current fiscal year, and administered by 

16 the Federal Highway Administration; or 

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

18 XXI of the Rules of the House of Representatives 

19 identified in a prior law, report, or joint explanatory 

20 statement, which was authorized to be appropriated 

21 or appropriated more than 10 fiscal years prior to 

22 the current fiscal year, and administered by the Fed23 eral Highway Administration. 

24 (c) The authority under subsection (a) may be exer25 cised only for those projects or activities that have obliVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 gated less than 10 percent of the amount made available 

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

3 and shall be applied to projects within the same general 

4 geographic area within 50 miles for which the funding was 

5 designated, except that a State or territory may apply 

6 such authority to unexpended balances of funds from 

7 projects or activities the State or territory certifies have 

8 been closed and for which payments have been made under 

9 a final voucher. 

10 (d) The Secretary shall submit consolidated reports 

11 of the information provided by the States and territories 

12 each quarter to the House and Senate Committees on Ap13 propriations. 

14 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

15 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (HIGHWAY TRUST FUND)

19 For payment of obligations incurred in the implemen20 tation, execution and administration of motor carrier safe21 ty operations and programs pursuant to section 31110 of 

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

23 America’s Surface Transportation Act, $284,000,000, to 

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

25 Mass Transit Account), together with advances and reimVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 bursements received by the Federal Motor Carrier Safety 

2 Administration, the sum of which shall remain available 

3 until expended: Provided, That funds available for imple4 mentation, execution or administration of motor carrier 

5 safety operations and programs authorized under title 49, 

6 United States Code, shall not exceed total obligations of 

7 $284,000,000 for ‘‘Motor Carrier Safety Operations and 

8 Programs’’ for fiscal year 2019, of which $9,073,000, to 

9 remain available for obligation until September 30, 2021, 

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

11 $34,824,000, to remain available for obligation until Sep12 tember 30, 2021, is for information management. 

13 MOTOR CARRIER SAFETY GRANTS

14 (LIQUIDATION OF CONTRACT AUTHORIZATION)

15 (LIMITATION ON OBLIGATIONS)

16 (HIGHWAY TRUST FUND)

17 (INCLUDING TRANSFER OF FUNDS)

18 For payment of obligations incurred in carrying out 

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

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

21 Surface Transportation Act, $382,800,000, to be derived 

22 from the Highway Trust Fund (other than the Mass Tran23 sit Account) and to remain available until expended: Pro24 vided, That funds available for the implementation or exe25 cution of motor carrier safety programs shall not exceed 


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1 total obligations of $382,800,000 in fiscal year 2019 for 

2 ‘‘Motor Carrier Safety Grants’’; of which $304,300,000 

3 shall be available for the motor carrier safety assistance 

4 program, $32,500,000 shall be available for the commer5 cial driver’s license program implementation program, 

6 $44,000,000 shall be available for the high priority activi7 ties program, and $2,000,000 shall be made available for 

8 commercial motor vehicle operators grants, of which 

9 $1,000,000 is to be made available from prior year unobli10 gated contract authority provided for Motor Carrier Safe11 ty grants in the Transportation Equity Act for the 21st 

12 Century (Public Law 105–178), SAFETEA–LU (Public 

13 Law 109–59), or other appropriations or authorization 

14 acts. 

15 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

16 CARRIER SAFETY ADMINISTRATION

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

18 shall be subject to the terms and conditions stipulated in 

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

20 Public Law 110–28. 

21 SEC. 131. The Federal Motor Carrier Safety Admin22 istration shall send notice of 49 CFR section 385.308 vio23 lations by certified mail, registered mail, or another man24 ner of delivery, which records the receipt of the notice by 

25 the persons responsible for the violations. 


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1 SEC. 132. To the maximum extent practicable, the 

2 Federal Motor Carrier Safety Administration shall ensure 

3 the safe and timely completion of the flexible sleeper berth 

4 pilot program of the Administration. 

5 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

6 OPERATIONS AND RESEARCH

7 For expenses necessary to discharge the functions of 

8 the Secretary, with respect to traffic and highway safety 

9 authorized under chapter 301 and part C of subtitle VI 

10 of title 49, United States Code, $190,000,000, of which 

11 $40,000,000 shall remain available through September 

12 30, 2020. 

13 OPERATIONS AND RESEARCH

14 (LIQUIDATION OF CONTRACT AUTHORIZATION)

15 (LIMITATION ON OBLIGATIONS)

16 (HIGHWAY TRUST FUND)

17 For payment of obligations incurred in carrying out 

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

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

20 49, United States Code, $152,100,000, to be derived from 

21 the Highway Trust Fund (other than the Mass Transit 

22 Account) and to remain available until expended: Pro23 vided, That none of the funds in this Act shall be available 

24 for the planning or execution of programs the total obliga25 tions for which, in fiscal year 2019, are in excess of 


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1 $152,100,000, of which $146,700,000 shall be for pro2 grams authorized under 23 U.S.C. 403 and $5,400,000 

3 shall be for the National Driver Register authorized under 

4 chapter 303 of title 49, United States Code: Provided fur5 ther, That within the $152,100,000 obligation limitation 

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

7 available until September 30, 2020, and shall be in addi8 tion to the amount of any limitation imposed on obliga9 tions for future years. 

10 HIGHWAY TRAFFIC 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 provisions of 23 U.S.C. 402, 404, and 405, and section 

16 4001(a)(6) of the Fixing America’s Surface Transpor17 tation Act, to remain available until expended, 

18 $610,208,000, to be derived from the Highway Trust 

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

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

21 the planning or execution of programs the total obligations 

22 for which, in fiscal year 2019, are in excess of 

23 $610,208,000 for programs authorized under 23 U.S.C. 

24 402, 404, and 405, and section 4001(a)(6) of the Fixing 

25 America’s Surface Transportation Act, of which 


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1 $270,400,000 shall be for ‘‘Highway Safety Programs’’ 

2 under 23 U.S.C. 402; $283,000,000 shall be for ‘‘National 

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

4 $30,200,000 shall be for ‘‘High Visibility Enforcement 

5 Program’’ under 23 U.S.C. 404; and $26,608,000 shall 

6 be for ‘‘Administrative Expenses’’ under section 

7 4001(a)(6) of the Fixing America’s Surface Transpor8 tation Act: Provided further, That none of these funds 

9 shall be used for construction, rehabilitation, or remod10 eling costs, or for office furnishings and fixtures for State, 

11 local or private buildings or structures: Provided further, 

12 That not to exceed $500,000 of the funds made available 

13 for ‘‘National Priority Safety Programs’’ under 23 U.S.C. 

14 405 for ‘‘Impaired Driving Countermeasures’’ (as de15 scribed in subsection (d) of that section) shall be available 

16 for technical assistance to the States: Provided further, 

17 That with respect to the ‘‘Transfers’’ provision under 23 

18 U.S.C. 405(a)(8), any amounts transferred to increase the 

19 amounts made available under section 402 shall include 

20 the obligation authority for such amounts: Provided fur21 ther, That the Administrator shall notify the House and 

22 Senate Committees on Appropriations of any exercise of 

23 the authority granted under the previous proviso or under 

24 23 U.S.C. 405(a)(8) within 5 days. 


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1 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

2 TRAFFIC SAFETY ADMINISTRATION

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

4 available to the National Highway Traffic Safety Adminis5 tration, out of the amount limited for section 402 of title 

6 23, United States Code, to pay for travel and related ex7 penses for State management reviews and to pay for core 

8 competency development training and related expenses for 

9 highway safety staff. 

10 SEC. 141. The limitations on obligations for the pro11 grams of the National Highway Traffic Safety Adminis12 tration set in this Act shall not apply to obligations for 

13 which obligation authority was made available in previous 

14 public laws but only to the extent that the obligation au15 thority has not lapsed or been used. 

16 SEC. 142. In addition to the amounts made available 

17 under the heading, ‘‘Operations and Research (Liquida18 tion of Contract Authorization) (Limitation on Obliga19 tions) (Highway Trust Fund)’’ for carrying out the provi20 sions of section 403 of title 23, United States Code, 

21 $4,000,000 shall be available to continue a high visibility 

22 enforcement paid-media campaign regarding highway-rail 

23 grade crossing safety in collaboration with the Federal 

24 Railroad Administration. 


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1 FEDERAL RAILROAD ADMINISTRATION

2 SAFETY AND OPERATIONS

3 For necessary expenses of the Federal Railroad Ad4 ministration, not otherwise provided for, $221,698,000, of 

5 which $15,900,000 shall remain available until expended. 

6 RAILROAD RESEARCH AND DEVELOPMENT

7 For necessary expenses for railroad research and de8 velopment, $40,600,000, to remain available until ex9 pended. 

10 RAILROAD REHABILITATION AND IMPROVEMENT

11 FINANCING PROGRAM

12 The Secretary of Transportation is authorized to 

13 issue direct loans and loan guarantees pursuant to sec14 tions 501 through 504 of the Railroad Revitalization and 

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

16 amended, such authority shall exist as long as any such 

17 direct loan or loan guarantee is outstanding. 

18 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

19 REPAIR

20 For necessary expenses related to Federal-State 

21 Partnership for State of Good Repair Grants as author22 ized by section 24911 of title 49, United States Code, 

23 $300,000,000, to remain available until expended: Pro24 vided, That the Secretary may withhold up to one percent 

25 of the amount provided under this heading for the costs 


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1 of award and project management oversight of grants car2 ried out under section 24911 of title 49, United States 

3 Code: Provided further, That the Secretary shall issue the 

4 Notice of Funding Opportunity that encompasses funds 

5 provided under this heading in this Act and previously 

6 unawarded funds provided under this heading in fiscal 

7 year 2017 by Public Law 115–31 and fiscal year 2018 

8 by Public Law 115–141, no later than 30 days after enact9 ment of this Act: Provided further, That the Secretary 

10 shall announce the selection of projects to receive awards 

11 for the funds in the previous proviso no later than 180 

12 days after enactment of this Act. 

13 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

14 IMPROVEMENTS

15 For necessary expenses related to Consolidated Rail 

16 Infrastructure and Safety Improvements Grants, as au17 thorized by section 24407 of title 49, United States Code, 

18 $255,000,000, to remain available until expended: Pro19 vided, That section 24405(f) of title 49, United States 

20 Code, shall not apply to projects for the implementation 

21 of positive train control systems otherwise eligible under 

22 section 24407(c)(1) of title 49, United States Code: Pro23 vided further, That amounts available under this heading 

24 for projects selected for commuter rail passenger transpor25 tation may be transferred by the Secretary, after selection, 


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1 to the appropriate agencies to be administered in accord2 ance with chapter 53 of title 49, United States Code: Pro3 vided further, That the Secretary shall not limit eligible 

4 projects from consideration for funding for planning, engi5 neering, environmental, construction, and design elements 

6 of the same project in the same application: Provided fur7 ther, That unobligated balances remaining after 4 years 

8 from the date of enactment may be used for any eligible 

9 project under section 24407(c) of title 49, United States 

10 Code: Provided further, That the Secretary may withhold 

11 up to one percent of the amount provided under this head12 ing for the costs of award and project management over13 sight of grants carried out under section 24407 of title 

14 49, United States Code: Provided further, That the Sec15 retary shall issue the Notice of Funding Opportunity that 

16 encompasses previously unawarded funds provided under 

17 this heading in fiscal year 2018 by Public Law 115–141 

18 and funds provided under this heading in this Act no later 

19 than 30 days after enactment of this Act: Provided further, 

20 That the Secretary shall announce the selection of projects 

21 to receive awards for the funds in the previous proviso no 

22 later than 120 days after enactment of this Act. 

23 RESTORATION AND ENHANCEMENT

24 For necessary expenses related to Restoration and 

25 Enhancement Grants, as authorized by section 24408 of 


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1 title 49, United States Code, $10,000,000, to remain 

2 available until expended: Provided, That the Secretary 

3 may withhold up to one percent of the funds provided 

4 under this heading to fund the costs of award and project 

5 management and oversight: Provided further, That the 

6 Secretary shall issue the Notice of Funding Opportunity 

7 for funds provided under this heading no later than 30 

8 days after enactment of this Act: Provided further, That 

9 the Secretary shall announce the selection of projects to 

10 receive awards for the funds in the previous proviso no 

11 later than 120 days after enactment of this Act. 

12 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

13 RAILROAD PASSENGER CORPORATION

14 To enable the Secretary of Transportation to make 

15 grants to the National Railroad Passenger Corporation for 

16 activities associated with the Northeast Corridor as au17 thorized by section 11101(a) of the Fixing America’s Sur18 face Transportation Act (division A of Public Law 114– 

19 94), $650,000,000, to remain available until expended: 

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

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

22 and the ‘‘National Network Grants to the National Rail23 road Passenger Corporation’’ heading to fund the costs 

24 of project management and oversight of activities author25 ized by section 11101(c) of division A of Public Law 114– 


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1 94: Provided further, That in addition to the project man2 agement oversight funds authorized under section 

3 11101(c) of division A of Public Law 114–94, the Sec4 retary may retain up to an additional $5,000,000 of the 

5 funds provided under this heading to fund expenses associ6 ated with the Northeast Corridor Commission established 

7 under section 24905 of title 49, United States Code: Pro8 vided further, That of the amounts made available under 

9 this heading and the ‘‘National Network Grants to the Na10 tional Railroad Passenger Corporation’’ heading, not less 

11 than $50,000,000 shall be made available to bring Am12 trak-served facilities and stations into compliance with the 

13 Americans with Disabilities Act: Provided further, That of 

14 the amounts made available under this heading and the 

15 heading ‘‘National Network Grants to the National Rail16 road Passenger Corporation’’, not more than $500,000 

17 may be made available to provide a discount of not less 

18 than 15 percent on passenger fares to veterans (as defined 

19 in section 101 of title 38, United States Code). 

20 NATIONAL NETWORK 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 National Network as author25 ized by section 11101(b) of the Fixing America’s Surface 


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

2 $1,291,600,000, to remain available until expended: Pro3 vided, That the Secretary may retain up to an additional 

4 $2,000,000 of the funds provided under this heading to 

5 fund expenses associated with the State-Supported Route 

6 Committee established under section 24712 of title 49, 

7 United States Code: Provided further, That at least 

8 $50,000,000 of the amount provided under this heading 

9 shall be available for the development, installation and op10 eration of railroad safety technology, including the imple11 mentation of a positive train control system, on State-sup12 ported routes as defined under section 24102(13) of title 

13 49, United States Code, on which positive train control 

14 systems are not required by law or regulation: Provided 

15 further, That not less than $50,000,000 of the amount 

16 provided under this heading shall be for capital expenses 

17 related to safety improvements, maintenance, and the non18 Federal match for discretionary Federal grant programs 

19 to enable continued passenger rail operations on long-dis20 tance routes (as defined in section 24102 of title 49, 

21 United States Code) on which Amtrak is the sole tenant 

22 of the host railroad and positive train control systems are 

23 not required by law (including regulations): Provided fur24 ther, That none of the funds provided under this heading 

25 shall be used by Amtrak to give notice under subsection 


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1 (a) or (b) of section 24706 of title 49, United States Code, 

2 with respect to long-distance routes (as defined in section 

3 24102 of title 49, United States Code) on which Amtrak 

4 is the sole tenant of the host railroad and positive train 

5 control systems are not required by law (including regula6 tions), or otherwise initiate discontinuance of, reduce the 

7 frequency of, suspend, or substantially alter the schedule 

8 or route of rail service on any portion of such route oper9 ated in fiscal year 2018, including implementation of serv10 ice permitted by section 24305(a)(3)(A) of title 49, United 

11 States Code, in lieu of rail service. 

12 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

13 ADMINISTRATION

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

15 Railroad Passenger Corporation may be used to fund any 

16 overtime costs in excess of $35,000 for any individual em17 ployee: Provided, That the President of Amtrak may waive 

18 the cap set in the previous proviso for specific employees 

19 when the President of Amtrak determines such a cap 

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

21 system: Provided further, That the President of Amtrak 

22 shall report to the House and Senate Committees on Ap23 propriations within 60 days of enactment of this Act, a 

24 summary of all overtime payments incurred by the Cor25 poration for 2018 and the three prior calendar years: ProVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 vided further, That such summary shall include the total 

2 number of employees that received waivers and the total 

3 overtime payments the Corporation paid to those employ4 ees receiving waivers for each month for 2018 and for the 

5 three prior calendar years. 

6 SEC. 151. It is the sense of Congress that— 

7 (1) long-distance passenger rail routes provide 

8 much-needed transportation access for 4,700,000 

9 riders in 325 communities in 40 States and are par10 ticularly important in rural areas; and 

11 (2) long-distance passenger rail routes and 

12 services should be sustained to ensure connectivity 

13 throughout the National Network (as defined in sec14 tion 24102 of title 49, United States Code). 

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 2020 Presi24 dent’s budget, the Secretary of Transportation shall transVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 mit to Congress the annual report on New Starts, includ2 ing proposed allocations for fiscal year 2020. 

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, section 20005(b) of Public Law 112–141, 

14 and section 3006(b) of the Fixing America’s Surface 

15 Transportation Act, $9,900,000,000, to be derived from 

16 the Mass Transit Account of the Highway Trust Fund 

17 and to remain available until expended: Provided, That 

18 funds available for the implementation or execution of pro19 grams authorized under 49 U.S.C. 5305, 5307, 5310, 

20 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 

21 and 5340, as amended by the Fixing America’s Surface 

22 Transportation Act, section 20005(b) of Public Law 112– 

23 141, and section 3006(b) of the Fixing America’s Surface 

24 Transportation Act, shall not exceed total obligations of 

25 $9,939,380,030 in fiscal year 2019: Provided further, That 


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1 the Federal share of the cost of activities carried out under 

2 49 U.S.C. section 5312 shall not exceed 80 percent, except 

3 that if there is substantial public interest or benefit, the 

4 Secretary may approve a greater Federal share. 

5 TRANSIT INFRASTRUCTURE GRANTS

6 For an additional amount for buses and bus facilities 

7 grants under section 5339 of title 49, United States Code, 

8 state of good repair grants under section 5337 of such 

9 title, high density state apportionments under section 

10 5340(d) of such title, and the bus testing facilities under 

11 sections 5312 and 5318 of such title, $800,000,000 to re12 main available until expended: Provided, That 

13 $400,000,000 shall be available for grants as authorized 

14 under section 5339 of such title, of which $209,104,000 

15 shall be available for the buses and bus facilities formula 

16 grants as authorized under section 5339(a) of such title, 

17 $161,446,000 shall be available for the buses and bus fa18 cilities competitive grants as authorized under section 

19 5339(b) of such title, and $29,450,000 shall be available 

20 for the low or no emission grants as authorized under sec21 tion 5339(c) of such title: Provided further, That 

22 $362,000,000 shall be available for the state of good re23 pair grants as authorized under section 5337 of such title: 

24 Provided further, That $30,000,000 shall be available for 

25 the high density state apportionments as authorized under 


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1 section 5340(d) of such title: Provided further, That 

2 $2,000,000 shall be available for the bus testing facility 

3 as authorized under section 5318 of such title: Provided 

4 further, That notwithstanding section 5318(a) of such 

5 title, $6,000,000 shall be available for the operation and 

6 maintenance of bus testing facilities by institutions of 

7 higher education selected pursuant to section 5312(h) of 

8 such title: Provided further, That the Secretary shall enter 

9 into a contract or cooperative agreement with, or make 

10 a grant to, each institution of higher education selected 

11 pursuant to section 5312(h) of such title, to operate and 

12 maintain a facility to conduct the testing of low or no 

13 emission vehicle new bus models using the standards es14 tablished pursuant to section 5318(e)(2) of such title: Pro15 vided further, That the term ‘‘low or no emission vehicle’’ 

16 has the meaning given the term in section 5312(e)(6) of 

17 such title: Provided further, That the Secretary shall pay 

18 80 percent of the cost of testing a low or no emission vehi19 cle new bus model at each selected institution of higher 

20 education: Provided further, That the entity having the ve21 hicle tested shall pay 20 percent of the cost of testing: 

22 Provided further, That a low or no emission vehicle new 

23 bus model tested that receives a passing aggregate test 

24 score in accordance with the standards established under 

25 section 5318(e)(2) of such title, shall be deemed to be in 


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1 compliance with the requirements of section 5318(e) of 

2 such title: Provided further, That amounts made available 

3 by this heading shall be derived from the general fund: 

4 Provided further, That the amounts made available under 

5 this heading shall not be subject to any limitation on obli6 gations for transit programs set forth in any Act. 

7 TECHNICAL ASSISTANCE AND TRAINING

8 For necessary expenses to carry out 49 U.S.C. 5314, 

9 $5,000,000, of which up to $1,500,000 shall be for a coop10 erative agreement through which the Federal Transit Ad11 ministration assists small-urban, rural and tribal public 

12 transit recipients and planning organizations with applied 

13 innovation and capacity-building: Provided, That the as14 sistance provided under this heading not duplicate the ac15 tivities of 49 U.S.C. 5311(b) or 49 U.S.C. 5312. 

16 CAPITAL INVESTMENT GRANTS

17 For necessary expenses to carry out fixed guideway 

18 capital investment grants under section 5309 of title 49, 

19 United States Code, and section 3005(b) of the Fixing 

20 America’s Surface Transportation Act, $2,552,687,000, to 

21 remain available until September 30, 2022: Provided, 

22 That of the amounts made available under this heading, 

23 $1,315,670,000 shall be available for projects authorized 

24 under section 5309(d) of title 49, United States Code, 

25 $543,500,000 shall be available for projects authorized 


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1 under section 5309(e) of title 49, United States Code, 

2 $568,000,000 shall be available for projects authorized 

3 under section 5309(h) of title 49, United States Code, and 

4 $100,000,000 shall be available for projects authorized 

5 under section 3005(b) of the Fixing America’s Surface 

6 Transportation Act: Provided further, That the Secretary 

7 shall continue to administer the capital investment grants 

8 program in accordance with the procedural and sub9 stantive requirements of section 5309 of title 49, United 

10 States Code, and of section 3005(b) of the Fixing Amer11 ica’s Surface Transportation Act. 

12 GRANTS TO THE WASHINGTON METROPOLITAN AREA

13 TRANSIT AUTHORITY

14 For grants to the Washington Metropolitan Area 

15 Transit Authority as authorized under section 601 of divi16 sion B of Public Law 110–432, $150,000,000, to remain 

17 available until expended: Provided, That the Secretary of 

18 Transportation shall approve grants for capital and pre19 ventive maintenance expenditures for the Washington 

20 Metropolitan Area Transit Authority only after receiving 

21 and reviewing a request for each specific project: Provided 

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

23 shall certify that the Washington Metropolitan Area Tran24 sit Authority is making progress to improve its safety 

25 management system in response to the Federal Transit 


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1 Administration’s 2015 safety management inspection: 

2 Provided further, That the Secretary shall determine that 

3 the Washington Metropolitan Area Transit Authority has 

4 placed the highest priority on those investments that will 

5 improve the safety of the system before approving such 

6 grants: Provided further, That the Secretary, in order to 

7 ensure safety throughout the rail system, may waive the 

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

9 Law 110–432. 

10 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

11 ADMINISTRATION

12 (INCLUDING RESCISSION)

13 SEC. 160. The limitations on obligations for the pro14 grams of the Federal Transit Administration shall not 

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

16 made available for obligation, or to any other authority 

17 previously made available for obligation. 

18 SEC. 161. Notwithstanding any other provision of 

19 law, any funds appropriated before October 1, 2018, under 

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

21 that remain available for expenditure, may be transferred 

22 to and administered under the most recent appropriation 

23 heading for any such section. 

24 SEC. 162. Of the unobligated amounts made available 

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1 mula Grants’’, a total of $46,560,000 is hereby perma2 nently rescinded. 

3 SEC. 163. None of the funds made available under 

4 this Act may be used for the implementation or further5 ance of new policies detailed in the ‘‘Dear Colleague’’ let6 ter distributed by the Federal Transit Administration to 

7 capital investment grant program project sponsors on 

8 June 29, 2018. 

9 SAINT LAWRENCE SEAWAY DEVELOPMENT

10 CORPORATION

11 The Saint Lawrence Seaway Development Corpora12 tion is hereby authorized to make such expenditures, with13 in the limits of funds and borrowing authority available 

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

15 such contracts and commitments without regard to fiscal 

16 year limitations, as provided by section 104 of the Govern17 ment Corporation Control Act, as amended, as may be 

18 necessary in carrying out the programs set forth in the 

19 Corporation’s budget for the current fiscal year. 

20 OPERATIONS AND MAINTENANCE

21 (HARBOR MAINTENANCE TRUST FUND)

22 For necessary expenses to conduct the operations, 

23 maintenance, and capital asset renewal activities on those 

24 portions of the Saint Lawrence Seaway owned, operated, 

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1 ment Corporation, $36,000,000, to be derived from the 

2 Harbor Maintenance Trust Fund, pursuant to Public Law 

3 99–662: Provided, That of the amounts made available 

4 under this heading, not less than $16,000,000 shall be 

5 used on capital asset renewal activities. 

6 MARITIME ADMINISTRATION

7 MARITIME SECURITY PROGRAM

8 For necessary expenses to maintain and preserve a 

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

10 needs of the United States, $300,000,000, to remain avail11 able until expended. 

12 OPERATIONS AND TRAINING

13 (INCLUDING TRANSFER OF FUNDS)

14 For necessary expenses of operations and training ac15 tivities authorized by law, $149,442,000, to remain avail16 able until September 30, 2020, of which $71,000,000 shall 

17 be for the operations of the United States Merchant Ma18 rine Academy, and of which $18,000,000 shall remain 

19 available until expended for the maintenance and repair, 

20 equipment, and capital improvements at the United States 

21 Merchant Marine Academy: Provided, That not later than 

22 January 12, 2020, the Administrator of the Maritime Ad23 ministration shall transmit to the House and Senate Com24 mittees on Appropriations the annual report on sexual as25 sault and sexual harassment at the United States MerVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 chant Marine Academy as required pursuant to section 

2 3507 of Public Law 110–417: Provided further, That of 

3 the amounts made available under this heading, 

4 $3,000,000 shall be for the Maritime Environment and 

5 Technology Assistance program authorized under section 

6 50307 of title 46, United States Code: Provided further, 

7 That of the amounts made available under this heading, 

8 $7,000,000, shall remain available until expended for the 

9 Short Sea Transportation Program (America’s Marine 

10 Highways) to make grants for the purposes authorized 

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

12 States Code: Provided further, That available balances 

13 under this heading for the Short Sea Transportation Pro14 gram (America’s Marine Highways) from prior year recov15 eries shall be available to carry out activities authorized 

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

17 States Code: Provided further, That from funds provided 

18 under the previous two provisos, the Secretary of Trans19 portation shall make grants no later than 180 days after 

20 enactment of this Act in such amounts as the Secretary 

21 determines: Provided further, That any unobligated bal22 ances available from previous appropriations for programs 

23 and activities supporting State Maritime Academies shall 

24 be transferred to and merged with the appropriations for 

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1 erations’’ and shall be made available for the same pur2 poses. 

3 STATE MARITIME ACADEMY OPERATIONS

4 For necessary expenses of operations, support and 

5 training activities for State Maritime Academies, 

6 $340,200,000, of which $30,000,000, to remain available 

7 until expended, shall be for maintenance, repair, life exten8 sion, and capacity improvement of National Defense Re9 serve Fleet training ships in support of State Maritime 

10 Academies, as well as other expenses related to training 

11 mariners, as determined by the Secretary, of which 

12 $300,000,000, to remain available until expended shall be 

13 for the National Security Multi-Mission Vessel Program, 

14 including funds for construction, planning, administration, 

15 and design of school ships, of which $2,400,000 shall re16 main available through September 30, 2020, for the Stu17 dent Incentive Program, of which $1,800,000 shall remain 

18 available until expended for training ship fuel assistance, 

19 and of which $6,000,000 shall remain available until Sep20 tember 30, 2020, for direct payments for State Maritime 

21 Academies. 

22 ASSISTANCE TO SMALL SHIPYARDS

23 To make grants to qualified shipyards as authorized 

24 under section 54101 of title 46, United States Code, as 


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1 amended by Public Law 113–281, $20,000,000, to remain 

2 available until expended. 

3 SHIP DISPOSAL

4 For necessary expenses related to the disposal of ob5 solete vessels in the National Defense Reserve Fleet of the 

6 Maritime Administration, $5,000,000, to remain available 

7 until expended. 

8 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

9 ACCOUNT

10 (INCLUDING TRANSFER OF FUNDS)

11 For administrative expenses to carry out the guaran12 teed loan program, $3,000,000, which shall be transferred 

13 to and merged with the appropriations for ‘‘Operations 

14 and Training’’, Maritime Administration. 

15 ADMINISTRATIVE PROVISIONS—MARITIME

16 ADMINISTRATION

17 SEC. 170. Notwithstanding any other provision of 

18 this Act, in addition to any existing authority, the Mari19 time Administration is authorized to furnish utilities and 

20 services and make necessary repairs in connection with 

21 any lease, contract, or occupancy involving Government 

22 property under control of the Maritime Administration: 

23 Provided, That payments received therefor shall be cred24 ited to the appropriation charged with the cost thereof and 

25 shall remain available until expended: Provided further, 


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

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

3 repairs shall be covered into the Treasury as miscellaneous 

4 receipts. 

5 PIPELINE AND HAZARDOUS MATERIALS SAFETY

6 ADMINISTRATION

7 OPERATIONAL EXPENSES

8 For necessary operational expenses of the Pipeline 

9 and Hazardous Materials Safety Administration, 

10 $23,710,000: Provided, That the Secretary of Transpor11 tation shall issue a final rule to expand the applicability 

12 of comprehensive oil spill response plans within 45 days 

13 of enactment of this Act: Provided further, That the 

14 amounts appropriated under this heading shall be reduced 

15 by $100,000 per day for each day that such rule has not 

16 been issued following the expiration of the period set forth 

17 in the previous proviso. 

18 HAZARDOUS MATERIALS SAFETY

19 For expenses necessary to discharge the hazardous 

20 materials safety functions of the Pipeline and Hazardous 

21 Materials Safety Administration, $58,000,000, of which 

22 $7,570,000 shall remain available until September 30, 

23 2021: Provided, That up to $800,000 in fees collected 

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

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1 ther, That there may be credited to this appropriation, to 

2 remain available until expended, funds received from 

3 States, counties, municipalities, other public authorities, 

4 and private sources for expenses incurred for training, for 

5 reports publication and dissemination, and for travel ex6 penses incurred in the performance of hazardous materials 

7 exemptions and approvals functions. 

8 PIPELINE SAFETY

9 (PIPELINE SAFETY FUND)

10 (OIL SPILL LIABILITY TRUST FUND)

11 For expenses necessary to conduct the functions of 

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

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

14 60107, and to discharge the pipeline program responsibil15 ities of the Oil Pollution Act of 1990, $165,000,000, to 

16 remain available until September 30, 2021, of which 

17 $23,000,000 shall be derived from the Oil Spill Liability 

18 Trust Fund; of which $134,000,000 shall be derived from 

19 the Pipeline Safety Fund; and of which $8,000,000 shall 

20 be derived from fees collected under 49 U.S.C. 60302 and 

21 deposited in the Underground Natural Gas Storage Facil22 ity Safety Account for the purpose of carrying out 49 

23 U.S.C. 60141: Provided, That not less than $1,058,000 

24 of the funds provided under this heading shall be for the 

25 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 remain 

5 available until September 30, 2021, from amounts made 

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

7 Provided, That notwithstanding 49 U.S.C. 5116(h)(4), not 

8 more than 4 percent of the amounts made available from 

9 this account shall be available to pay administrative costs: 

10 Provided further, That none of the funds made available 

11 by 49 U.S.C. 5116(h), 5128(b), or 5128(c) shall be made 

12 available for obligation by individuals other than the Sec13 retary of Transportation, or his or her designee. 

14 OFFICE OF INSPECTOR GENERAL

15 SALARIES AND EXPENSES

16 For necessary expenses of the Office of the Inspector 

17 General to carry out the provisions of the Inspector Gen18 eral Act of 1978, as amended, $92,600,000: Provided, 

19 That the Inspector General shall have all necessary au20 thority, in carrying out the duties specified in the Inspec21 tor General Act, as amended (5 U.S.C. App. 3), to inves22 tigate allegations of fraud, including false statements to 

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

24 that is subject to regulation by the Department of Trans25 portation: Provided further, That the funds made available 


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1 under this heading may be used to investigate, pursuant 

2 to section 41712 of title 49, United States Code: (1) un3 fair or deceptive practices and unfair methods of competi4 tion by domestic and foreign air carriers and ticket agents; 

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

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

7 GENERAL PROVISIONS—DEPARTMENT OF

8 TRANSPORTATION

9 SEC. 180. (a) During the current fiscal year, applica10 ble appropriations to the Department of Transportation 

11 shall be available for maintenance and operation of air12 craft; hire of passenger motor vehicles and aircraft; pur13 chase of liability insurance for motor vehicles operating 

14 in foreign countries on official department business; and 

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

16 U.S.C. 5901–5902). 

17 (b) During the current fiscal year, applicable appro18 priations to the Department and its operating administra19 tions shall be available for the purchase, maintenance, op20 eration, and deployment of unmanned aircraft systems 

21 that advance the Department’s, or its operating adminis22 trations’, missions. 

23 (c) Any unmanned aircraft system purchased or pro24 cured by the Department prior to the enactment of this 

25 Act shall be deemed authorized. 


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1 SEC. 181. Appropriations contained in this Act for 

2 the Department of Transportation shall be available for 

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

4 individuals not to exceed the per diem rate equivalent to 

5 the rate for an Executive Level IV. 

6 SEC. 182. (a) No recipient of funds made available 

7 in this Act shall disseminate personal information (as de8 fined in 18 U.S.C. 2725(3)) obtained by a State depart9 ment of motor vehicles in connection with a motor vehicle 

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

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

12 2721. 

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

14 shall not withhold funds provided in this Act for any 

15 grantee if a State is in noncompliance with this provision. 

16 SEC. 183. None of the funds in this Act shall be avail17 able for salaries and expenses of more than 110 political 

18 and Presidential appointees in the Department of Trans19 portation: Provided, That none of the personnel covered 

20 by this provision may be assigned on temporary detail out21 side the Department of Transportation. 

22 SEC. 184. Funds received by the Federal Highway 

23 Administration and Federal Railroad Administration from 

24 States, counties, municipalities, other public authorities, 

25 and private sources for expenses incurred for training may 


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1 be credited respectively to the Federal Highway Adminis2 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed3 eral Railroad Administration’s ‘‘Safety and Operations’’ 

4 account, except for State rail safety inspectors partici5 pating in training pursuant to 49 U.S.C. 20105. 

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

7 to the Department of Transportation may be used to make 

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

9 grant unless the Secretary of Transportation notifies the 

10 House and Senate Committees on Appropriations not less 

11 than 3 full business days before any project competitively 

12 selected to receive any discretionary grant award, letter 

13 of intent, loan commitment, loan guarantee commitment, 

14 line of credit commitment, or full funding grant agreement 

15 is announced by the Department or its modal administra16 tions: Provided, That the Secretary gives concurrent noti17 fication to the House and Senate Committees on Appro18 priations for any ‘‘quick release’’ of funds from the emer19 gency relief program: Provided further, That no notifica20 tion shall involve funds that are not available for obliga21 tion. 

22 (b) In addition to the notification required in sub23 section (a), none of the funds made available in this Act 

24 to the Department of Transportation may be used to make 

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1 ment or discretionary grant unless the Secretary of Trans2 portation provides the House and Senate Committees on 

3 Appropriations a comprehensive list of all such loans, loan 

4 guarantees, lines of credit, cooperative agreement or dis5 cretionary grants that will be announced not less the 3 

6 full business days before such announcement: Provided, 

7 That the requirement to provide a list in this subsection 

8 does not apply to any ‘‘quick release’’ of funds from the 

9 emergency relief program: Provided further, That no list 

10 shall involve funds that are not available for obligation. 

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

12 minor fees and other funds received by the Department 

13 of Transportation from travel management centers, 

14 charge card programs, the subleasing of building space, 

15 and miscellaneous sources are to be credited to appropria16 tions of the Department of Transportation and allocated 

17 to elements of the Department of Transportation using 

18 fair and equitable criteria and such funds shall be avail19 able until expended. 

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

21 prior Act that the Secretary determines represent im22 proper payments by the Department of Transportation to 

23 a third-party contractor under a financial assistance 

24 award, which are recovered pursuant to law, shall be avail25 able— 


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1 (1) to reimburse the actual expenses incurred 

2 by the Department of Transportation in recovering 

3 improper payments: Provided, That amounts made 

4 available in this Act shall be available until ex5 pended; and 

6 (2) to pay contractors for services provided in 

7 recovering improper payments or contractor support 

8 in the implementation of the Improper Payments In9 formation Act of 2002: Provided, That amounts in 

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

11 (A) shall be credited to and merged with 

12 the appropriation from which the improper pay13 ments were made, and shall be available for the 

14 purposes and period for which such appropria15 tions are available: Provided further, That 

16 where specific project or accounting information 

17 associated with the improper payment or pay18 ments is not readily available, the Secretary 

19 may credit an appropriate account, which shall 

20 be available for the purposes and period associ21 ated with the account so credited; or 

22 (B) if no such appropriation remains avail23 able, shall be deposited in the Treasury as mis24 cellaneous receipts: Provided further, That prior 

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1 propriations account, the Secretary shall notify 

2 the House and Senate Committees on Appro3 priations of the amount and reasons for such 

4 transfer: Provided further, That for purposes of 

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

6 the same meaning as that provided in section 

7 2(d)(2) of Public Law 107–300. 

8 SEC. 188. Notwithstanding any other provision of 

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

10 subject to a reprogramming action that requires notice to 

11 be provided to the House and Senate Committees on Ap12 propriations, transmission of said reprogramming notice 

13 shall be provided solely to the House and Senate Commit14 tees on Appropriations, and said reprogramming action 

15 shall be approved or denied solely by the House and Sen16 ate Committees on Appropriations: Provided, That the 

17 Secretary of Transportation may provide notice to other 

18 congressional committees of the action of the House and 

19 Senate Committees on Appropriations on such reprogram20 ming but not sooner than 30 days following the date on 

21 which the reprogramming action has been approved or de22 nied by the House and Senate Committees on Appropria23 tions. 

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

25 modal administrations may be obligated for the Office of 


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1 the Secretary for the costs related to assessments or reim2 bursable agreements only when such amounts are for the 

3 costs of goods and services that are purchased to provide 

4 a direct benefit to the applicable modal administration or 

5 administrations. 

6 SEC. 190. The Secretary of Transportation is author7 ized to carry out a program that establishes uniform 

8 standards for developing and supporting agency transit 

9 pass and transit benefits authorized under section 7905 

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

11 transit benefits by various paper and electronic media. 

12 SEC. 191. The Department of Transportation may 

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

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

15 geographic, economic, or any other hiring preference not 

16 otherwise authorized by law, or to amend a rule, regula17 tion, policy or other measure that forbids a recipient of 

18 a Federal Highway Administration or Federal Transit Ad19 ministration grant from imposing such hiring preference 

20 on a contract or construction project with which the De21 partment of Transportation is assisting, only if the grant 

22 recipient certifies the following: 

23 (1) that except with respect to apprentices or 

24 trainees, a pool of readily available but unemployed 

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1 ity to perform the work that the contract requires 

2 resides in the jurisdiction; 

3 (2) that the grant recipient will include appro4 priate provisions in its bid document ensuring that 

5 the contractor does not displace any of its existing 

6 employees in order to satisfy such hiring preference; 

7 and 

8 (3) that any increase in the cost of labor, train9 ing, or delays resulting from the use of such hiring 

10 preference does not delay or displace any transpor11 tation project in the applicable Statewide Transpor12 tation Improvement Program or Transportation Im13 provement Program. 

14 SEC. 192. Not later than 90 days after the date of 

15 enactment of this Act, the Secretary of Transportation 

16 shall submit to the Committees on Appropriations and 

17 Commerce, Science, and Transportation of the Senate and 

18 the Committees on Appropriations and Transportation 

19 and Infrastructure of the House of Representatives a re20 port on efforts by the Department of Transportation to 

21 engage with local communities, metropolitan planning or22 ganizations, and regional transportation commissions on 

23 advancing data and intelligent transportation systems 

24 technologies and other smart cities solutions. 


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1 SEC. 193. The Secretary of Transportation shall con2 sult with the Assistant Secretary of the Army for Civil 

3 Works to identify any existing authorities and any addi4 tional authorities that may be needed to leverage funds 

5 from Department of Transportation programs for pur6 poses of inland waterway project costs. 

7 SEC. 194. (a) Subject to subsections (c) and (d), none 

8 of the funds appropriated or otherwise made available to 

9 the Department of Transportation by this or any other 

10 Act may be obligated or expended to enforce or require 

11 the enforcement of section 127(a) of title 23, United 

12 States Code, with respect to a segment described in para13 graph (1) or (2) of subsection (b) if the segment is des14 ignated as a route of the Interstate System. 

15 (b) The segments referred to in subsection (a) are 

16 the following: 

17 (1) The William H. Natcher Parkway (to be 

18 designated as a spur of Interstate Route 65) from 

19 Interstate Route 65 in Bowling Green, Kentucky, to 

20 United States Route 60 in Owensboro, Kentucky. 

21 (2) The Julian M. Carroll (Purchase) Parkway 

22 (to be designated as Interstate Route 69) in the 

23 State of Kentucky from the Tennessee State line to 

24 the interchange with Interstate Route 24, near Cal25 vert City, Kentucky. 


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1 (c) Only a vehicle that could operate legally on a seg2 ment described in paragraph (1) or (2) of subsection (b) 

3 before the date of designation of the segment as a route 

4 of the Interstate System may continue to operate on that 

5 segment, subject to the condition that, except as provided 

6 in subsection (d), the gross vehicle weight of such a vehicle 

7 shall not exceed 120,000 pounds. 

8 (d) Nothing in this section prohibits a State from 

9 issuing a permit for a nondivisible load or vehicle with a 

10 gross vehicle weight that exceeds 120,000 pounds. 

11 SEC. 195. None of the funds appropriated or other12 wise made available to the Department of Transportation 

13 may be obligated or expended to implement, administer, 

14 or enforce the requirements of section 31137 of title 49, 

15 United States Code, or any regulation issued by the Sec16 retary pursuant to such section, with respect to the use 

17 of electronic logging devices by operators of commercial 

18 motor vehicles, as defined in section 31132(1) of such 

19 title, transporting livestock, as defined in section 602 of 

20 the Emergency Livestock Feed Assistance Act of 1988 (7 

21 U.S.C. 1471) or insects. 

22 SEC. 196. (a) None of the funds appropriated or oth23 erwise made available to the Federal Transit Administra24 tion under this title to carry out sections 5307, 5311, 

25 5337, and 5339 of title 49, United States Code, may be 


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1 used in awarding a contract or subcontract to an entity 

2 on or after the date of enactment of this Act for the pro3 curement of rolling stock for use in public transportation 

4 if the manufacturer of the rolling stock is incorporated 

5 in or has manufacturing facilities in the United States and 

6 receives support from the government of a country that— 

7 (1) is identified as a nonmarket economy coun8 try (as defined in section 771(18) of the Tariff Act 

9 of 1930 (19 U.S.C. 1677(18))) as of the date of en10 actment of this Act; 

11 (2) was identified by the United States Trade 

12 Representative in the most recent report required by 

13 section 182 of the Trade Act of 1974 (19 U.S.C. 

14 2242) as a priority foreign country under subsection 

15 (a)(2) of that section; and 

16 (3) is subject to monitoring by the Trade Rep17 resentative under section 306 of the Trade Act of 

18 1974 (19 U.S.C. 2416). 

19 (b) This section shall be applied in a manner con20 sistent with the obligations of the United States under 

21 international agreements. 

22 (c)(1) This section shall not apply to the award of 

23 a contract or subcontract made by a public transportation 

24 agency with a rail rolling stock manufacturer described in 

25 subsection (a) if the manufacturer produces rail rolling 


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1 stock for an eligible public transportation agency through 

2 a contract executed prior to the date of enactment of this 

3 Act. 

4 (2) A rail rolling stock manufacturer described in 

5 subsection (a) may not use funds provided under a con6 tract or subcontract described in paragraph (1) to expand 

7 the manufacturer’s production of rail rolling stock within 

8 the United States to an amount of rolling stock vehicles 

9 or railcars that is greater than the amount required under 

10 contractual obligations of the manufacturer as of the date 

11 of enactment of this Act including all options for addi12 tional rolling stock. 

13 (d) Nothing in this section shall be construed to apply 

14 to funds that are not appropriated or otherwise made 

15 available to the Federal Transit Administration under this 

16 title. 

17 This title may be cited as the ‘‘Department of Trans18 portation Appropriations Act, 2019’’. 

19 TITLE II 

20 DEPARTMENT OF HOUSING AND URBAN 

21 DEVELOPMENT 

22 MANAGEMENT AND ADMINISTRATION

23 EXECUTIVE OFFICES

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1 retary, Deputy Secretary, Adjudicatory Services, Congres2 sional and Intergovernmental Relations, Public Affairs, 

3 Small and Disadvantaged Business Utilization, and the 

4 Center for Faith-Based and Neighborhood Partnerships, 

5 $14,898,000: Provided, That not to exceed $25,000 of the 

6 amount made available under this heading shall be avail7 able to the Secretary for official reception and representa8 tion expenses as the Secretary may determine. 

9 ADMINISTRATIVE SUPPORT OFFICES

10 For necessary salaries and expenses for Administra11 tive Support Offices, $556,000,000, of which $76,600,000 

12 shall be available for the Office of the Chief Financial Offi13 cer, (and of which $25,000,000, to remain available until 

14 September 30, 2021, shall be for the financial trans15 formation initiative); $98,000,000 shall be available for 

16 the Office of the General Counsel, of which not less than 

17 $15,000,000 shall be for the Departmental Enforcement 

18 Center; $213,300,000 shall be available for the Office of 

19 Administration; $40,200,000 shall be available for the Of20 fice of the Chief Human Capital Officer; $54,000,000 

21 shall be available for the Office of Field Policy and Man22 agement; $20,000,000 shall be available for the Office of 

23 the Chief Procurement Officer; $3,600,000 shall be avail24 able for the Office of Departmental Equal Employment 

25 Opportunity; $4,300,000 shall be available for the Office 


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1 of Business Transformation; and $46,00,000 shall be 

2 available for the Office of the Chief Information Officer: 

3 Provided, That funds provided under this heading may be 

4 used for necessary administrative and non-administrative 

5 expenses of the Department of Housing and Urban Devel6 opment, not otherwise provided for, including purchase of 

7 uniforms, or allowances therefor, as authorized by 5 

8 U.S.C. 5901–5902; hire of passenger motor vehicles; and 

9 services as authorized by 5 U.S.C. 3109: Provided further, 

10 That notwithstanding any other provision of law, funds 

11 appropriated under this heading may be used for adver12 tising and promotional activities that directly support pro13 gram activities funded in this title: Provided further, That 

14 the Secretary shall provide the House and Senate Commit15 tees on Appropriations quarterly written notification re16 garding the status of pending congressional reports: Pro17 vided further, That the Secretary shall provide in elec18 tronic form all signed reports required by Congress: Pro19 vided further, That not more than 10 percent of the funds 

20 made available under this heading for the Office of Chief 

21 Financial Officer for the financial transformation initia22 tive may be obligated until the Secretary submits to the 

23 House and Senate Committees on Appropriations, for ap24 proval, a plan for expenditure that includes the financial 

25 and internal control capabilities to be delivered and the 


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1 mission benefits to be realized, key milestones to be met, 

2 and the relationship between the proposed use of funds 

3 made available under this heading and the projected total 

4 cost and scope of the initiative. 

5 PROGRAM OFFICE SALARIES AND EXPENSES

6 PUBLIC AND INDIAN HOUSING

7 For necessary salaries and expenses of the Office of 

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

9 COMMUNITY PLANNING AND DEVELOPMENT

10 For necessary salaries and expenses of the Office of 

11 Community Planning and Development, $110,000,000. 

12 HOUSING

13 For necessary salaries and expenses of the Office of 

14 Housing, $390,000,000, of which not less than 

15 $12,500,000 shall be for the Office of Recapitalization. 

16 POLICY DEVELOPMENT AND RESEARCH

17 For necessary salaries and expenses of the Office of 

18 Policy Development and Research, $26,000,000. 

19 FAIR HOUSING AND EQUAL OPPORTUNITY

20 For necessary salaries and expenses of the Office of 

21 Fair Housing and Equal Opportunity, $71,500,000. 

22 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

23 HOMES

24 For necessary salaries and expenses of the Office of 

25 Lead Hazard Control and Healthy Homes, $7,800,000. 


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1 WORKING CAPITAL FUND

2 (INCLUDING TRANSFER OF FUNDS)

3 For the working capital fund for the Department of 

4 Housing and Urban Development (referred to in this para5 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

6 of the Department of Housing and Urban Development 

7 Act (42 U.S.C. 3535(f)), amounts transferred, including 

8 reimbursements pursuant to section 7(f), to the Fund 

9 under this heading shall be available for Federal shared 

10 services used by offices and agencies of the Department, 

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

12 records management, space renovation, furniture, or sup13 ply services as the Secretary determines shall be derived 

14 from centralized sources made available by the Depart15 ment to all offices and agencies and funded through the 

16 Fund: Provided, That of the amounts made available in 

17 this title for salaries and expenses under the headings 

18 ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, 

19 ‘‘Program Office Salaries and Expenses’’, and ‘‘Govern20 ment National Mortgage Association’’, the Secretary shall 

21 transfer to the Fund such amounts, to remain available 

22 until expended, as are necessary to fund services, specified 

23 in the matter preceding the first proviso, for which the 

24 appropriation would otherwise have been available, and 

25 may transfer not to exceed an additional $5,000,000, in 


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1 aggregate, from all such appropriations, to be merged with 

2 the Fund and to remain available until expended for any 

3 purpose under this heading: Provided further, That 

4 amounts in the Fund shall be the only amounts available 

5 to each office or agency of the Department for the serv6 ices, or portion of services, specified in the matter pre7 ceding the first proviso: Provided further, That with re8 spect to the Fund, the authorities and conditions under 

9 this heading shall supplement the authorities and condi10 tions provided under section 7(f). 

11 PUBLIC AND INDIAN HOUSING

12 TENANT-BASED RENTAL ASSISTANCE

13 For activities and assistance for the provision of ten14 ant-based rental assistance authorized under the United 

15 States Housing Act of 1937, as amended (42 U.S.C. 1437 

16 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

17 $18,780,987,000, to remain available until expended, shall 

18 be available on October 1, 2018 (in addition to the 

19 $4,000,000,000 previously appropriated under this head20 ing that shall be available on October 1, 2018), and 

21 $4,000,000,000, to remain available until expended, shall 

22 be available on October 1, 2019: Provided, That the 

23 amounts made available under this heading are provided 

24 as follows: 


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1 (1) $20,520,000,000 shall be available for re2 newals of expiring section 8 tenant-based annual 

3 contributions contracts (including renewals of en4 hanced vouchers under any provision of law author5 izing such assistance under section 8(t) of the Act) 

6 and including renewal of other special purpose incre7 mental vouchers: Provided, That notwithstanding 

8 any other provision of law, from amounts provided 

9 under this paragraph and any carryover, the Sec10 retary for the calendar year 2019 funding cycle shall 

11 provide renewal funding for each public housing 

12 agency based on validated voucher management sys13 tem (VMS) leasing and cost data for the prior cal14 endar year and by applying an inflation factor as es15 tablished by the Secretary, by notice published in 

16 the Federal Register, and by making any necessary 

17 adjustments for the costs associated with the first18 time renewal of vouchers under this paragraph in19 cluding tenant protection and Choice Neighborhoods 

20 vouchers: Provided further, That none of the funds 

21 provided under this paragraph may be used to fund 

22 a total number of unit months under lease which ex23 ceeds a public housing agency’s authorized level of 

24 units under contract, except for public housing agen25 cies participating in the MTW demonstration, which 


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1 are instead governed by the terms and conditions of 

2 their MTW agreements: Provided further, That the 

3 Secretary shall, to the extent necessary to stay with4 in the amount specified under this paragraph (ex5 cept as otherwise modified under this paragraph), 

6 prorate each public housing agency’s allocation oth7 erwise established pursuant to this paragraph: Pro8 vided further, That except as provided in the fol9 lowing provisos, the entire amount specified under 

10 this paragraph (except as otherwise modified under 

11 this paragraph) shall be obligated to the public hous12 ing agencies based on the allocation and pro rata 

13 method described above, and the Secretary shall no14 tify public housing agencies of their annual budget 

15 by the latter of 60 days after enactment of this Act 

16 or March 1, 2019: Provided further, That the Sec17 retary may extend the notification period with the 

18 prior written approval of the House and Senate 

19 Committees on Appropriations: Provided further, 

20 That public housing agencies participating in the 

21 MTW demonstration shall be funded pursuant to 

22 their MTW agreements and shall be subject to the 

23 same pro rata adjustments under the previous pro24 visos: Provided further, That the Secretary may off25 set public housing agencies’ calendar year 2019 alloVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 cations based on the excess amounts of public hous2 ing agencies’ net restricted assets accounts, includ3 ing HUD-held programmatic reserves (in accordance 

4 with VMS data in calendar year 2018 that is 

5 verifiable and complete), as determined by the Sec6 retary: Provided further, That public housing agen7 cies participating in the MTW demonstration shall 

8 also be subject to the offset, as determined by the 

9 Secretary, excluding amounts subject to the single 

10 fund budget authority provisions of their MTW 

11 agreements, from the agencies’ calendar year 2019 

12 MTW funding allocation: Provided further, That the 

13 Secretary shall use any offset referred to in the pre14 vious two provisos throughout the calendar year to 

15 prevent the termination of rental assistance for fam16 ilies as the result of insufficient funding, as deter17 mined by the Secretary, and to avoid or reduce the 

18 proration of renewal funding allocations: Provided 

19 further, That up to $100,000,000 shall be available 

20 only: (1) for adjustments in the allocations for public 

21 housing agencies, after application for an adjust22 ment by a public housing agency that experienced a 

23 significant increase, as determined by the Secretary, 

24 in renewal costs of vouchers resulting from unfore25 seen circumstances or from portability under section 


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1 8(r) of the Act; (2) for vouchers that were not in use 

2 during the previous 12-month period in order to be 

3 available to meet a commitment pursuant to section 

4 8(o)(13) of the Act; (3) for adjustments for costs as5 sociated with HUD–Veterans Affairs Supportive 

6 Housing (HUD–VASH) vouchers; and (4) for public 

7 housing agencies that despite taking reasonable cost 

8 savings measures, as determined by the Secretary, 

9 would otherwise be required to terminate rental as10 sistance for families as a result of insufficient fund11 ing: Provided further, That the Secretary shall allo12 cate amounts under the previous proviso based on 

13 need, as determined by the Secretary; 

14 (2) $85,000,000 shall be for section 8 rental as15 sistance for relocation and replacement of housing 

16 units that are demolished or disposed of pursuant to 

17 section 18 of the Act, conversion of section 23 

18 projects to assistance under section 8, the family 

19 unification program under section 8(x) of the Act, 

20 relocation of witnesses in connection with efforts to 

21 combat crime in public and assisted housing pursu22 ant to a request from a law enforcement or prosecu23 tion agency, enhanced vouchers under any provision 

24 of law authorizing such assistance under section 8(t) 

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1 tory and voluntary conversions, and tenant protec2 tion assistance including replacement and relocation 

3 assistance or for project-based assistance to prevent 

4 the displacement of unassisted elderly tenants cur5 rently residing in section 202 properties financed be6 tween 1959 and 1974 that are refinanced pursuant 

7 to Public Law 106–569, as amended, or under the 

8 authority as provided under this Act: Provided, That 

9 when a public housing development is submitted for 

10 demolition or disposition under section 18 of the 

11 Act, the Secretary may provide section 8 rental as12 sistance when the units pose an imminent health 

13 and safety risk to residents: Provided further, That 

14 the Secretary may only provide replacement vouch15 ers for units that were occupied within the previous 

16 24 months that cease to be available as assisted 

17 housing, subject only to the availability of funds: 

18 Provided further, That of the amounts made avail19 able under this paragraph, $5,000,000 may be avail20 able to provide tenant protection assistance, not oth21 erwise provided under this paragraph, to residents 

22 residing in low vacancy areas and who may have to 

23 pay rents greater than 30 percent of household in24 come, as the result of: (A) the maturity of a HUD25 insured, HUD-held or section 202 loan that requires 


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1 the permission of the Secretary prior to loan prepay2 ment; (B) the expiration of a rental assistance con3 tract for which the tenants are not eligible for en4 hanced voucher or tenant protection assistance 

5 under existing law; or (C) the expiration of afford6 ability restrictions accompanying a mortgage or 

7 preservation program administered by the Secretary: 

8 Provided further, That such tenant protection assist9 ance made available under the previous proviso may 

10 be provided under the authority of section 8(t) or 

11 section 8(o)(13) of the United States Housing Act 

12 of 1937 (42 U.S.C. 1437f(t)): Provided further, That 

13 the Secretary shall issue guidance to implement the 

14 previous provisos, including, but not limited to, re15 quirements for defining eligible at-risk households 

16 within 60 days of the enactment of this Act: Pro17 vided further, That any tenant protection voucher 

18 made available from amounts under this paragraph 

19 shall not be reissued by any public housing agency, 

20 except the replacement vouchers as defined by the 

21 Secretary by notice, when the initial family that re22 ceived any such voucher no longer receives such 

23 voucher, and the authority for any public housing 

24 agency to issue any such voucher shall cease to exist: 

25 Provided further, That the Secretary may provide 


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1 section 8 rental assistance from amounts made 

2 available under this paragraph for units assisted 

3 under a project-based subsidy contract funded under 

4 the ‘‘Project-Based Rental Assistance’’ heading 

5 under this title where the owner has received a No6 tice of Default and the units pose an imminent 

7 health and safety risk to residents: Provided further, 

8 That to the extent that the Secretary determines 

9 that such units are not feasible for continued rental 

10 assistance payments or transfer of the subsidy con11 tract associated with such units to another project 

12 or projects and owner or owners, any remaining 

13 amounts associated with such units under such con14 tract shall be recaptured and used to reimburse 

15 amounts used under this paragraph for rental assist16 ance under the preceding proviso; 

17 (3) $1,956,987,000 shall be for administrative 

18 and other expenses of public housing agencies in ad19 ministering the section 8 tenant-based rental assist20 ance program, of which up to $30,000,000 shall be 

21 available to the Secretary to allocate to public hous22 ing agencies that need additional funds to admin23 ister their section 8 programs, including fees associ24 ated with section 8 tenant protection rental assist25 ance, the administration of disaster related vouchers, 


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1 HUD–VASH vouchers, and other special purpose in2 cremental vouchers: Provided, That no less than 

3 $1,926,987,000 of the amount provided in this para4 graph shall be allocated to public housing agencies 

5 for the calendar year 2019 funding cycle based on 

6 section 8(q) of the Act (and related Appropriation 

7 Act provisions) as in effect immediately before the 

8 enactment of the Quality Housing and Work Re9 sponsibility Act of 1998 (Public Law 105–276): Pro10 vided further, That if the amounts made available 

11 under this paragraph are insufficient to pay the 

12 amounts determined under the previous proviso, the 

13 Secretary may decrease the amounts allocated to 

14 agencies by a uniform percentage applicable to all 

15 agencies receiving funding under this paragraph or 

16 may, to the extent necessary to provide full payment 

17 of amounts determined under the previous proviso, 

18 utilize unobligated balances, including recaptures 

19 and carryovers, remaining from funds appropriated 

20 to the Department of Housing and Urban Develop21 ment under this heading from prior fiscal years, ex22 cluding special purpose vouchers, notwithstanding 

23 the purposes for which such amounts were appro24 priated: Provided further, That all public housing 

25 agencies participating in the MTW demonstration 


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1 shall be funded pursuant to their MTW agreements, 

2 and shall be subject to the same uniform percentage 

3 decrease as under the previous proviso: Provided fur4 ther, That amounts provided under this paragraph 

5 shall be only for activities related to the provision of 

6 tenant-based rental assistance authorized under sec7 tion 8, including related development activities; 

8 (4) $154,000,000 for the renewal of tenant9 based assistance contracts under section 811 of the 

10 Cranston-Gonzalez National Affordable Housing Act 

11 (42 U.S.C. 8013), including necessary administra12 tive expenses: Provided, That administrative and 

13 other expenses of public housing agencies in admin14 istering the special purpose vouchers in this para15 graph shall be funded under the same terms and be 

16 subject to the same pro rata reduction as the per17 cent decrease for administrative and other expenses 

18 to public housing agencies under paragraph (3) of 

19 this heading: Provided further, That any amounts 

20 provided under this paragraph in this Act or prior 

21 Acts, remaining available after funding renewals and 

22 administrative expenses under this paragraph, shall 

23 be available for incremental tenant-based assistance 

24 contracts under such section 811, including nec25 essary administrative expenses; 


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1 (5) $5,000,000 shall be for rental assistance 

2 and associated administrative fees for Tribal HUD– 

3 VASH to serve Native American veterans that are 

4 homeless or at-risk of homelessness living on or near 

5 a reservation or other Indian areas: Provided, That 

6 such amount shall be made available for renewal 

7 grants to recipients that received assistance under 

8 prior Acts under the Tribal HUD–VASH program: 

9 Provided further, That the Secretary shall be author10 ized to specify criteria for renewal grants, including 

11 data on the utilization of assistance reported by 

12 grant recipients: Provided further, That such assist13 ance shall be administered in accordance with pro14 gram requirements under the Native American 

15 Housing Assistance and Self-Determination Act of 

16 1996 and modeled after the HUD–VASH program: 

17 Provided further, That the Secretary shall be author18 ized to waive, or specify alternative requirements for 

19 any provision of any statute or regulation that the 

20 Secretary administers in connection with the use of 

21 funds made available under this paragraph (except 

22 for requirements related to fair housing, non23 discrimination, labor standards, and the environ24 ment), upon a finding by the Secretary that any 

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1 essary for the effective delivery and administration 

2 of such assistance: Provided further, That grant re3 cipients shall report to the Secretary on utilization 

4 of such rental assistance and other program data, as 

5 prescribed by the Secretary: Provided further, That 

6 the Secretary may reallocate, as determined by the 

7 Secretary, amounts returned or recaptured from 

8 awards under prior acts; 

9 (6) $40,000,000 for incremental rental voucher 

10 assistance for use through a supported housing pro11 gram administered in conjunction with the Depart12 ment of Veterans Affairs as authorized under section 

13 8(o)(19) of the United States Housing Act of 1937: 

14 Provided, That the Secretary of Housing and Urban 

15 Development shall make such funding available, not16 withstanding section 203 (competition provision) of 

17 this title, to public housing agencies that partner 

18 with eligible VA Medical Centers or other entities as 

19 designated by the Secretary of the Department of 

20 Veterans Affairs, based on geographical need for 

21 such assistance as identified by the Secretary of the 

22 Department of Veterans Affairs, public housing 

23 agency administrative performance, and other fac24 tors as specified by the Secretary of Housing and 

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1 retary of the Department of Veterans Affairs: Pro2 vided further, That the Secretary of Housing and 

3 Urban Development may waive, or specify alter4 native requirements for (in consultation with the 

5 Secretary of the Department of Veterans Affairs), 

6 any provision of any statute or regulation that the 

7 Secretary of Housing and Urban Development ad8 ministers in connection with the use of funds made 

9 available under this paragraph (except for require10 ments related to fair housing, nondiscrimination, 

11 labor standards, and the environment), upon a find12 ing by the Secretary that any such waivers or alter13 native requirements are necessary for the effective 

14 delivery and administration of such voucher assist15 ance: Provided further, That assistance made avail16 able under this paragraph shall continue to remain 

17 available for homeless veterans upon turn-over; 

18 (7) $20,000,000 shall be made available for 

19 new incremental voucher assistance through the 

20 family unification program as authorized by section 

21 8(x) of the Act: Provided, That the assistance made 

22 available under this paragraph shall continue to re23 main available for family unification upon turnover: 

24 Provided further, That for any public housing agency 

25 administering voucher assistance appropriated in a 


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1 prior Act under the family unification program that 

2 determines that it no longer has an identified need 

3 for such assistance upon turnover, such agency shall 

4 notify the Secretary, and the Secretary shall recap5 ture such assistance from the agency and reallocate 

6 it to any other public housing agency or agencies 

7 based on need for voucher assistance in connection 

8 with such program; and 

9 (8) the Secretary shall separately track all spe10 cial purpose vouchers funded under this heading. 

11 HOUSING CERTIFICATE FUND

12 (INCLUDING RESCISSIONS)

13 Unobligated balances, including recaptures and car14 ryover, remaining from funds appropriated to the Depart15 ment of Housing and Urban Development under this 

16 heading, the heading ‘‘Annual Contributions for Assisted 

17 Housing’’ and the heading ‘‘Project-Based Rental Assist18 ance’’, for fiscal year 2019 and prior years may be used 

19 for renewal of or amendments to section 8 project-based 

20 contracts and for performance-based contract administra21 tors, notwithstanding the purposes for which such funds 

22 were appropriated: Provided, That any obligated balances 

23 of contract authority from fiscal year 1974 and prior that 

24 have been terminated shall be rescinded: Provided further, 

25 That amounts heretofore recaptured, or recaptured during 


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1 the current fiscal year, from section 8 project-based con2 tracts from source years fiscal year 1975 through fiscal 

3 year 1987 are hereby rescinded, and an amount of addi4 tional new budget authority, equivalent to the amount re5 scinded is hereby appropriated, to remain available until 

6 expended, for the purposes set forth under this heading, 

7 in addition to amounts otherwise available. 

8 PUBLIC HOUSING CAPITAL FUND

9 For the Public Housing Capital Fund Program to 

10 carry out capital and management activities for public 

11 housing agencies, as authorized under section 9 of the 

12 United States Housing Act of 1937 (42 U.S.C. 1437g) 

13 (the ‘‘Act’’) $2,775,000,000, to remain available until 

14 September 30, 2022: Provided, That notwithstanding any 

15 other provision of law or regulation, during fiscal year 

16 2019, the Secretary of Housing and Urban Development 

17 may not delegate to any Department official other than 

18 the Deputy Secretary and the Assistant Secretary for 

19 Public and Indian Housing any authority under paragraph 

20 (2) of section 9(j) regarding the extension of the time peri21 ods under such section: Provided further, That for pur22 poses of such section 9(j), the term ‘‘obligate’’ means, with 

23 respect to amounts, that the amounts are subject to a 

24 binding agreement that will result in outlays, immediately 

25 or in the future: Provided further, That up to $14,000,000 


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1 shall be to support ongoing public housing financial and 

2 physical assessment activities: Provided further, That up 

3 to $1,000,000 shall be to support the costs of administra4 tive and judicial receiverships: Provided further, That of 

5 the total amount provided under this heading, not to ex6 ceed $25,000,000 shall be available for the Secretary to 

7 make grants, notwithstanding section 203 of this Act, to 

8 public housing agencies for emergency capital needs in9 cluding safety and security measures necessary to address 

10 crime and drug-related activity as well as needs resulting 

11 from unforeseen or unpreventable emergencies and nat12 ural disasters excluding Presidentially declared emer13 gencies and natural disasters under the Robert T. Stafford 

14 Disaster Relief and Emergency Act (42 U.S.C. 5121 et 

15 seq.) occurring in fiscal year 2019: Provided further, That 

16 of the amount made available under the previous proviso, 

17 not less than $5,000,000 shall be for safety and security 

18 measures: Provided further, That in addition to the 

19 amount in the previous proviso for such safety and secu20 rity measures, any amounts that remain available, after 

21 all applications received on or before September 30, 2020, 

22 for emergency capital needs have been processed, shall be 

23 allocated to public housing agencies for such safety and 

24 security measures: Provided further, That of the total 

25 amount provided under this heading, up to $35,000,000 


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1 shall be for supportive services, service coordinators and 

2 congregate services as authorized by section 34 of the Act 

3 (42 U.S.C. 1437z–6) and the Native American Housing 

4 Assistance and Self-Determination Act of 1996 (25 U.S.C. 

5 4101 et seq.): Provided further, That of the total amount 

6 made available under this heading, $15,000,000 shall be 

7 for a Jobs-Plus initiative modeled after the Jobs-Plus 

8 demonstration: Provided further, That funding provided 

9 under the previous proviso shall be available for competi10 tive grants to partnerships between public housing au11 thorities, local workforce investment boards established 

12 under section 107 of the Workforce Innovation and Oppor13 tunity Act of 2014 (29 U.S.C. 3122), and other agencies 

14 and organizations that provide support to help public 

15 housing residents obtain employment and increase earn16 ings: Provided further, That applicants must demonstrate 

17 the ability to provide services to residents, partner with 

18 workforce investment boards, and leverage service dollars: 

19 Provided further, That the Secretary may allow public 

20 housing agencies to request exemptions from rent and in21 come limitation requirements under sections 3 and 6 of 

22 the United States Housing Act of 1937 (42 U.S.C. 1437a 

23 and 1437d), as necessary to implement the Jobs-Plus pro24 gram, on such terms and conditions as the Secretary may 

25 approve upon a finding by the Secretary that any such 


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1 waivers or alternative requirements are necessary for the 

2 effective implementation of the Jobs-Plus initiative as a 

3 voluntary program for residents: Provided further, That 

4 the Secretary shall publish by notice in the Federal Reg5 ister any waivers or alternative requirements pursuant to 

6 the preceding proviso no later than 10 days before the ef7 fective date of such notice: Provided further, That for 

8 funds provided under this heading, the limitation in sec9 tion 9(g)(1) of the Act shall be 25 percent: Provided fur10 ther, That the Secretary may waive the limitation in the 

11 previous proviso to allow public housing agencies to fund 

12 activities authorized under section 9(e)(1)(C) of the Act: 

13 Provided further, That the Secretary shall notify public 

14 housing agencies requesting waivers under the previous 

15 proviso if the request is approved or denied within 14 days 

16 of submitting the request: Provided further, That from the 

17 funds made available under this heading, the Secretary 

18 shall provide bonus awards in fiscal year 2019 to public 

19 housing agencies that are designated high performers: 

20 Provided further, That the Department shall notify public 

21 housing agencies of their formula allocation within 60 

22 days of enactment of this Act: Provided further, That of 

23 the total amount provided under this heading, 

24 $25,000,000 shall be available for competitive grants to 

25 public housing agencies to evaluate and reduce lead-based 


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1 paint hazards in public housing by carrying out the activi2 ties of risk assessments, abatement, and interim controls 

3 (as those terms are defined in section 1004 of the Residen4 tial Lead-Based Paint Hazard Reduction Act of 1992 (42 

5 U.S.C. 4851b)): Provided further, That for purposes of en6 vironmental review, a grant under the previous proviso 

7 shall be considered funds for projects or activities under 

8 title I of the United States Housing Act of 1937 (42 

9 U.S.C. 1437 et seq.) for purposes of section 26 of such 

10 Act (42 U.S.C. 1437x) and shall be subject to the regula11 tions implementing such section. 

12 PUBLIC HOUSING OPERATING FUND

13 For 2019 payments to public housing agencies for the 

14 operation and management of public housing, as author15 ized by section 9(e) of the United States Housing Act of 

16 1937 (42 U.S.C. 1437g(e)), $4,756,000,000, to remain 

17 available until September 30, 2020. 

18 CHOICE NEIGHBORHOODS INITIATIVE

19 For competitive grants under the Choice Neighbor20 hoods Initiative (subject to section 24 of the United States 

21 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

22 specified under this heading), for transformation, rehabili23 tation, and replacement housing needs of both public and 

24 HUD-assisted housing and to transform neighborhoods of 

25 poverty into functioning, sustainable mixed income neighVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 borhoods with appropriate services, schools, public assets, 

2 transportation and access to jobs, $100,000,000, to re3 main available until September 30, 2021: Provided, That 

4 grant funds may be used for resident and community serv5 ices, community development, and affordable housing 

6 needs in the community, and for conversion of vacant or 

7 foreclosed properties to affordable housing: Provided fur8 ther, That the use of funds made available under this 

9 heading shall not be deemed to be public housing notwith10 standing section 3(b)(1) of such Act: Provided further, 

11 That grantees shall commit to an additional period of af12 fordability determined by the Secretary of not fewer than 

13 20 years: Provided further, That grantees shall provide a 

14 match in State, local, other Federal or private funds: Pro15 vided further, That grantees may include local govern16 ments, tribal entities, public housing authorities, and non17 profits: Provided further, That for-profit developers may 

18 apply jointly with a public entity: Provided further, That 

19 for purposes of environmental review, a grantee shall be 

20 treated as a public housing agency under section 26 of 

21 the United States Housing Act of 1937 (42 U.S.C. 

22 1437x), and grants under this heading shall be subject 

23 to the regulations issued by the Secretary to implement 

24 such section: Provided further, That of the amount pro25 vided, not less than $50,000,000 shall be awarded to pubVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 lic housing agencies: Provided further, That such grantees 

2 shall create partnerships with other local organizations in3 cluding assisted housing owners, service agencies, and 

4 resident organizations: Provided further, That the Sec5 retary shall consult with the Secretaries of Education, 

6 Labor, Transportation, Health and Human Services, Agri7 culture, and Commerce, the Attorney General, and the Ad8 ministrator of the Environmental Protection Agency to co9 ordinate and leverage other appropriate Federal resources: 

10 Provided further, That no more than $5,000,000 of funds 

11 made available under this heading may be provided as 

12 grants to undertake comprehensive local planning with 

13 input from residents and the community: Provided further, 

14 That unobligated balances, including recaptures, remain15 ing from funds appropriated under the heading ‘‘Revital16 ization of Severely Distressed Public Housing (HOPE 

17 VI)’’ in fiscal year 2011 and prior fiscal years may be used 

18 for purposes under this heading, notwithstanding the pur19 poses for which such amounts were appropriated: Provided 

20 further, That the Secretary shall issue the Notice of Fund21 ing Availability for funds made available under this head22 ing no later than 60 days after enactment of this Act: Pro23 vided further, That the Secretary shall make grant awards 

24 no later than one year from the date of enactment of this 

25 Act in such amounts that the Secretary determines: ProVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00113 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 vided further, That notwithstanding section 24(o) of the 

2 United States Housing Act of 1937 (42 U.S.C. 1437v(o)), 

3 the Secretary may, until September 30, 2019, obligate any 

4 available unobligated balances made available under this 

5 heading in this, or any prior Act. 

6 FAMILY SELF-SUFFICIENCY

7 For the Family Self-Sufficiency program to support 

8 family self-sufficiency coordinators under section 23 of the 

9 United States Housing Act of 1937, to promote the devel10 opment of local strategies to coordinate the use of assist11 ance under sections 8(o) and 9 of such Act with public 

12 and private resources, and enable eligible families to 

13 achieve economic independence and self-sufficiency, 

14 $80,000,000, to remain available until September 30, 

15 2020: Provided, That the Secretary may, by Federal Reg16 ister notice, waive or specify alternative requirements 

17 under subsections b(3), b(4), b(5), or c(1) of section 23 

18 of such Act in order to facilitate the operation of a unified 

19 self-sufficiency program for individuals receiving assist20 ance under different provisions of the Act, as determined 

21 by the Secretary: Provided further, That owners of a pri22 vately owned multifamily property with a section 8 con23 tract may voluntarily make a Family Self-Sufficiency pro24 gram available to the assisted tenants of such property 

25 in accordance with procedures established by the SecVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 retary: Provided further, That such procedures established 

2 pursuant to the previous proviso shall permit participating 

3 tenants to accrue escrow funds in accordance with section 

4 23(d)(2) and shall allow owners to use funding from resid5 ual receipt accounts to hire coordinators for their own 

6 Family Self-Sufficiency program. 

7 NATIVE AMERICAN HOUSING BLOCK GRANTS

8 (INCLUDING TRANSFER OF FUNDS)

9 For the Native American Housing Block Grants pro10 gram, as authorized under title I of the Native American 

11 Housing Assistance and Self-Determination Act of 1996 

12 (NAHASDA) (25 U.S.C. 4111 et seq.), $655,000,000, to 

13 remain available until September 30, 2023: Provided, 

14 That, notwithstanding NAHASDA, to determine the 

15 amount of the allocation under title I of such Act for each 

16 Indian tribe, the Secretary shall apply the formula under 

17 section 302 of such Act with the need component based 

18 on single-race census data and with the need component 

19 based on multi-race census data, and the amount of the 

20 allocation for each Indian tribe shall be the greater of the 

21 two resulting allocation amounts: Provided further, That 

22 of the amounts made available under this heading, 

23 $7,000,000 shall be for providing training and technical 

24 assistance to Indian housing authorities and tribally des25 ignated housing entities, to support the inspection of InVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 dian housing units, contract expertise, and for training 

2 and technical assistance related to funding provided under 

3 this heading and other headings under this Act for the 

4 needs of Native American families and Indian country: 

5 Provided further, That amounts made available under the 

6 previous proviso may be used, contracted, or competed as 

7 determined by the Secretary: Provided further, That of the 

8 amount provided under this heading, $2,000,000 shall be 

9 made available for the cost of guaranteed notes and other 

10 obligations, as authorized by title VI of NAHASDA: Pro11 vided further, That such costs, including the costs of modi12 fying such notes and other obligations, shall be as defined 

13 in section 502 of the Congressional Budget Act of 1974, 

14 as amended: Provided further, That these funds are avail15 able to subsidize the total principal amount of any notes 

16 and other obligations, any part of which is to be guaran17 teed, not to exceed $17,761,989: Provided further, That 

18 the Department will notify grantees of their formula allo19 cation within 60 days of the date of enactment of this Act: 

20 Provided further, That for an additional amount for the 

21 Native American Housing Block Grants program, as au22 thorized under title I of NAHASDA, $100,000,000 to re23 main available until September 30, 2023: Provided further, 

24 That the Secretary shall obligate this additional amount 

25 for competitive grants to eligible recipients authorized 


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1 under NAHASDA that apply for funds: Provided further, 

2 That in awarding this additional amount, the Secretary 

3 shall consider need and administrative capacity, and shall 

4 give priority to projects that will spur construction and 

5 rehabilitation: Provided further, That up to 1 percent of 

6 this additional amount may be transferred, in aggregate, 

7 to ‘‘Program Office Salaries and Expenses—Public and 

8 Indian Housing’’ for necessary costs of administering and 

9 overseeing the obligation and expenditure of this addi10 tional amount: Provided further, That any funds trans11 ferred pursuant to the previous proviso shall remain avail12 able until September 30, 2024. 

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), $1,440,000, 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 $553,846,154, 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.), $2,000,000, to remain 

8 available until September 30, 2023: 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 amounts made 

13 available under this heading in this and prior fiscal years 

14 may be used to provide rental assistance to eligible Native 

15 Hawaiian families both on and off the Hawaiian Home 

16 Lands, notwithstanding any other provision of law. 

17 COMMUNITY PLANNING AND DEVELOPMENT

18 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

19 For carrying out the Housing Opportunities for Per20 sons with AIDS program, as authorized by the AIDS 

21 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

22 $375,000,000, to remain available until September 30, 

23 2020, except that amounts allocated pursuant to section 

24 854(c)(5) of such Act shall remain available until Sep25 tember 30, 2021: Provided, That the Secretary shall renew 


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1 all expiring contracts for permanent supportive housing 

2 that initially were funded under section 854(c)(5) of such 

3 Act from funds made available under this heading in fiscal 

4 year 2010 and prior fiscal years that meet all program 

5 requirements before awarding funds for new contracts 

6 under such section: Provided further, That the Depart7 ment shall notify grantees of their formula allocation with8 in 60 days of enactment of this Act. 

9 COMMUNITY DEVELOPMENT FUND

10 For assistance to units of State and local govern11 ment, and to other entities, for economic and community 

12 development activities, and for other purposes, 

13 $3,365,000,000, to remain available until September 30, 

14 2021, unless otherwise specified: Provided, That of the 

15 total amount provided, $3,300,000,000 is for carrying out 

16 the community development block grant program under 

17 title I of the Housing and Community Development Act 

18 of 1974, as amended (‘‘the Act’’ herein) (42 U.S.C. 5301 

19 et seq.): Provided further, That unless explicitly provided 

20 for under this heading, not to exceed 20 percent of any 

21 grant made with funds appropriated under this heading 

22 shall be expended for planning and management develop23 ment and administration: Provided further, That a metro24 politan city, urban county, unit of general local govern25 ment, Indian tribe, or insular area that directly or indiVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00119 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 rectly receives funds under this heading may not sell, 

2 trade, or otherwise transfer all or any portion of such 

3 funds to another such entity in exchange for any other 

4 funds, credits or non-Federal considerations, but must use 

5 such funds for activities eligible under title I of the Act: 

6 Provided further, That notwithstanding section 105(e)(1) 

7 of the Act, no funds provided under this heading may be 

8 provided to a for-profit entity for an economic develop9 ment project under section 105(a)(17) unless such project 

10 has been evaluated and selected in accordance with guide11 lines required under subsection (e)(2): Provided further, 

12 That the Department shall notify grantees of their for13 mula allocation within 60 days of enactment of this Act: 

14 Provided further, That of the total amount provided under 

15 this heading, $65,000,000 shall be for grants to Indian 

16 tribes notwithstanding section 106(a)(1) of such Act, of 

17 which, notwithstanding any other provision of law (includ18 ing section 203 of this Act), up to $4,000,000 may be 

19 used for emergencies that constitute imminent threats to 

20 health and safety. 

21 COMMUNITY DEVELOPMENT LOAN GUARANTEES

22 PROGRAM ACCOUNT

23 Subject to section 502 of the Congressional Budget 

24 Act of 1974, during fiscal year 2019, commitments to 

25 guarantee loans under section 108 of the Housing and 


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1 Community Development Act of 1974 (42 U.S.C. 5308), 

2 any part of which is guaranteed, shall not exceed a total 

3 principal amount of $300,000,000, notwithstanding any 

4 aggregate limitation on outstanding obligations guaran5 teed in subsection (k) of such section 108: Provided, That 

6 the Secretary shall collect fees from borrowers, notwith7 standing subsection (m) of such section 108, to result in 

8 a credit subsidy cost of zero for guaranteeing such loans, 

9 and any such fees shall be collected in accordance with 

10 section 502(7) of the Congressional Budget Act of 1974. 

11 HOME INVESTMENT PARTNERSHIPS PROGRAM

12 For the HOME Investment Partnerships program, as 

13 authorized under title II of the Cranston-Gonzalez Na14 tional Affordable Housing Act, as amended, 

15 $1,362,000,000, to remain available until September 30, 

16 2022: Provided, That notwithstanding the amount made 

17 available under this heading, the threshold reduction re18 quirements in sections 216(10) and 217(b)(4) of such Act 

19 shall not apply to allocations of such amount: Provided 

20 further, That the Department shall notify grantees of their 

21 formula allocation within 60 days of enactment of this Act. 

22 SELF-HELP AND ASSISTED HOMEOWNERSHIP

23 OPPORTUNITY PROGRAM

24 For the Self-Help and Assisted Homeownership Op25 portunity Program, as authorized under section 11 of the 


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1 Housing Opportunity Program Extension Act of 1996, as 

2 amended, $54,000,000, to remain available until Sep3 tember 30, 2021: Provided, That of the total amount pro4 vided under this heading, $10,000,000 shall be made 

5 available to the Self-Help Homeownership Opportunity 

6 Program as authorized under section 11 of the Housing 

7 Opportunity Program Extension Act of 1996, as amended: 

8 Provided further, That of the total amount provided under 

9 this heading, $35,000,000 shall be made available for the 

10 second, third, and fourth capacity building activities au11 thorized under section 4(a) of the HUD Demonstration 

12 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

13 $5,000,000 shall be made available for rural capacity 

14 building activities: Provided further, That of the total 

15 amount provided under this heading, $5,000,000 shall be 

16 made available for capacity building by national rural 

17 housing organizations with experience assessing national 

18 rural conditions and providing financing, training, tech19 nical assistance, information, and research to local non20 profits, local governments, and Indian Tribes serving high 

21 need rural communities: Provided further, That of the 

22 total amount provided under this heading, $4,000,000, 

23 shall be made available for a program to rehabilitate and 

24 modify the homes of disabled or low-income veterans, as 

25 authorized under section 1079 of Public Law 113–291: 


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1 Provided further, That funds provided under the previous 

2 proviso shall be awarded within 180 days of enactment 

3 of this Act: Provided further, That funds provided for such 

4 program in fiscal years 2016, 2017, and 2018 shall be 

5 awarded within 60 days of enactment of this Act. 

6 HOMELESS ASSISTANCE GRANTS

7 For the Emergency Solutions Grants program as au8 thorized under subtitle B of title IV of the McKinney9 Vento Homeless Assistance Act, as amended; the Con10 tinuum of Care program as authorized under subtitle C 

11 of title IV of such Act; and the Rural Housing Stability 

12 Assistance program as authorized under subtitle D of title 

13 IV of such Act, $2,612,000,000, to remain available until 

14 September 30, 2021: Provided, That any rental assistance 

15 amounts that are recaptured under such Continuum of 

16 Care program shall remain available until expended: Pro17 vided further, That not less than $270,000,000 of the 

18 funds appropriated under this heading shall be available 

19 for such Emergency Solutions Grants program: Provided 

20 further, That not less than $2,205,000,000 of the funds 

21 appropriated under this heading shall be available for such 

22 Continuum of Care and Rural Housing Stability Assist23 ance programs: Provided further, That of the amounts 

24 made available under this heading, up to $50,000,000 

25 shall be made available for grants for rapid re-housing 


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1 projects and supportive service projects providing coordi2 nated entry, and for eligible activities the Secretary deter3 mines to be critical in order to assist survivors of domestic 

4 violence, dating violence, and stalking: Provided further, 

5 That such projects shall be eligible for renewal under the 

6 continuum of care program subject to the same terms and 

7 conditions as other renewal applicants: Provided further, 

8 That up to $7,000,000 of the funds appropriated under 

9 this heading shall be available for the national homeless 

10 data analysis project: Provided further, That all funds 

11 awarded for supportive services under the Continuum of 

12 Care program and the Rural Housing Stability Assistance 

13 program shall be matched by not less than 25 percent in 

14 cash or in kind by each grantee: Provided further, That 

15 for all match requirements applicable to funds made avail16 able under this heading for this fiscal year and prior fiscal 

17 years, a grantee may use (or could have used) as a source 

18 of match funds other funds administered by the Secretary 

19 and other Federal agencies unless there is (or was) a spe20 cific statutory prohibition on any such use of any such 

21 funds: Provided further, That the Secretary shall collect 

22 system performance measures for each continuum of care, 

23 and that relative to fiscal year 2015, under the Continuum 

24 of Care competition with respect to funds made available 

25 under this heading, the Secretary shall base an increasing 


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1 share of the score on performance criteria: Provided fur2 ther, That none of the funds provided under this heading 

3 shall be available to provide funding for new projects, ex4 cept for projects created through reallocation, unless the 

5 Secretary determines that the continuum of care has dem6 onstrated that projects are evaluated and ranked based 

7 on the degree to which they improve the continuum of 

8 care’s system performance: Provided further, That the 

9 Secretary shall prioritize funding under the Continuum of 

10 Care program to continuums of care that have dem11 onstrated a capacity to reallocate funding from lower per12 forming projects to higher performing projects: Provided 

13 further, That all awards of assistance under this heading 

14 shall be required to coordinate and integrate homeless pro15 grams with other mainstream health, social services, and 

16 employment programs for which homeless populations 

17 may be eligible: Provided further, That any unobligated 

18 amounts remaining from funds appropriated under this 

19 heading in fiscal year 2012 and prior years for project20 based rental assistance for rehabilitation projects with 10- 

21 year grant terms may be used for purposes under this 

22 heading, notwithstanding the purposes for which such 

23 funds were appropriated: Provided further, That all bal24 ances for Shelter Plus Care renewals previously funded 

25 from the Shelter Plus Care Renewal account and transVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00125 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 ferred to this account shall be available, if recaptured, for 

2 Continuum of Care renewals in fiscal year 2019: Provided 

3 further, That the Department shall notify grantees of their 

4 formula allocation from amounts allocated (which may 

5 represent initial or final amounts allocated) for the Emer6 gency Solutions Grant program within 60 days of enact7 ment of this Act: Provided further, That up to 

8 $80,000,000 of the funds appropriated under this heading 

9 shall be to implement projects to demonstrate how a com10 prehensive approach to serving homeless youth, age 24 

11 and under, in up to 25 communities, including at least 

12 five communities with substantial rural populations, can 

13 dramatically reduce youth homelessness: Provided further, 

14 That of the amount made available under the previous 

15 proviso, up to $5,000,000 shall be available to provide 

16 technical assistance on youth homelessness, and collection, 

17 analysis, and reporting of data and performance measures 

18 under the comprehensive approaches to serve homeless 

19 youth, in addition to and in coordination with other tech20 nical assistance funds provided under this title: Provided 

21 further, That such projects shall be eligible for renewal 

22 under the continuum of care program subject to the same 

23 terms and conditions as other renewal applicants: Pro24 vided further, That youth aged 24 and under seeking as25 sistance under this heading shall not be required to proVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 vide third party documentation to establish their eligibility 

2 under 42 U.S.C. 11302(a) or (b) to receive services: Pro3 vided further, That unaccompanied youth aged 24 and 

4 under or families headed by youth aged 24 and under who 

5 are living in unsafe situations may be served by youth6 serving providers funded under this heading. 

7 HOUSING PROGRAMS

8 PROJECT-BASED RENTAL ASSISTANCE

9 For activities and assistance for the provision of 

10 project-based subsidy contracts under the United States 

11 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

12 Act’’), not otherwise provided for, $11,347,000,000, to re13 main available until expended, shall be available on Octo14 ber 1, 2018 (in addition to the $400,000,000 previously 

15 appropriated under this heading that became available Oc16 tober 1, 2018), and $400,000,000, to remain available 

17 until expended, shall be available on October 1, 2019: Pro18 vided, That the amounts made available under this head19 ing shall be available for expiring or terminating section 

20 8 project-based subsidy contracts (including section 8 

21 moderate rehabilitation contracts), for amendments to sec22 tion 8 project-based subsidy contracts (including section 

23 8 moderate rehabilitation contracts), for contracts entered 

24 into pursuant to section 441 of the McKinney-Vento 

25 Homeless Assistance Act (42 U.S.C. 11401), for renewal 


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1 of section 8 contracts for units in projects that are subject 

2 to approved plans of action under the Emergency Low In3 come Housing Preservation Act of 1987 or the Low-In4 come Housing Preservation and Resident Homeownership 

5 Act of 1990, and for administrative and other expenses 

6 associated with project-based activities and assistance 

7 funded under this paragraph: Provided further, That of 

8 the total amounts provided under this heading, not to ex9 ceed $245,000,000 shall be available for performance10 based contract administrators for section 8 project-based 

11 assistance, for carrying out 42 U.S.C. 1437(f): Provided 

12 further, That the Secretary may also use such amounts 

13 in the previous proviso for performance-based contract ad14 ministrators for the administration of: interest reduction 

15 payments pursuant to section 236(a) of the National 

16 Housing Act (12 U.S.C. 1715z–1(a)); rent supplement 

17 payments pursuant to section 101 of the Housing and 

18 Urban Development Act of 1965 (12 U.S.C. 1701s); sec19 tion 236(f)(2) rental assistance payments (12 U.S.C. 

20 1715z–1(f)(2)); project rental assistance contracts for the 

21 elderly under section 202(c)(2) of the Housing Act of 

22 1959 (12 U.S.C. 1701q); project rental assistance con23 tracts for supportive housing for persons with disabilities 

24 under section 811(d)(2) of the Cranston-Gonzalez Na25 tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); 


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1 project assistance contracts pursuant to section 202(h) of 

2 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

3 667); and loans under section 202 of the Housing Act of 

4 1959 (Public Law 86–372; 73 Stat. 667): Provided fur5 ther, That amounts recaptured under this heading, the 

6 heading ‘‘Annual Contributions for Assisted Housing’’, or 

7 the heading ‘‘Housing Certificate Fund’’, may be used for 

8 renewals of or amendments to section 8 project-based con9 tracts or for performance-based contract administrators, 

10 notwithstanding the purposes for which such amounts 

11 were appropriated: Provided further, That, notwith12 standing any other provision of law, upon the request of 

13 the Secretary, project funds that are held in residual re14 ceipts accounts for any project subject to a section 8 

15 project-based Housing Assistance Payments contract that 

16 authorizes HUD or a Housing Finance Agency to require 

17 that surplus project funds be deposited in an interest18 bearing residual receipts account and that are in excess 

19 of an amount to be determined by the Secretary, shall be 

20 remitted to the Department and deposited in this account, 

21 to be available until expended: Provided further, That 

22 amounts deposited pursuant to the previous proviso shall 

23 be available in addition to the amount otherwise provided 

24 by this heading for uses authorized under this heading. 


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1 HOUSING FOR THE ELDERLY

2 For capital advances, including amendments to cap3 ital advance contracts, for housing for the elderly, as au4 thorized by section 202 of the Housing Act of 1959, as 

5 amended, for project rental assistance for the elderly 

6 under section 202(c)(2) of such Act, including amend7 ments to contracts for such assistance and renewal of ex8 piring contracts for such assistance for up to a 1-year 

9 term, for senior preservation rental assistance contracts, 

10 including renewals, as authorized by section 811(e) of the 

11 American Housing and Economic Opportunity Act of 

12 2000, as amended, and for supportive services associated 

13 with the housing, $678,000,000, to remain available until 

14 September 30, 2022: Provided, That of the amount pro15 vided under this heading, up to $90,000,000 shall be for 

16 service coordinators and the continuation of existing con17 gregate service grants for residents of assisted housing 

18 projects: Provided further, That amounts under this head19 ing shall be available for Real Estate Assessment Center 

20 inspections and inspection-related activities associated 

21 with section 202 projects: Provided further, That the Sec22 retary may waive the provisions of section 202 governing 

23 the terms and conditions of project rental assistance, ex24 cept that the initial contract term for such assistance shall 

25 not exceed 5 years in duration: Provided further, That 


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1 upon request of the Secretary, project funds which are 

2 held in residual receipts accounts for any project subject 

3 to a section 202 project rental assistance contract and, 

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 remain available until September 30, 2022: Provided fur8 ther, That amounts deposited in this account pursuant to 

9 the 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 available for amendments and renewals 

15 notwithstanding the purposes for which such funds origi16 nally were appropriated: Provided further, That of the 

17 total amount provided under this heading, $10,000,000, 

18 shall be for a program to be established by the Secretary 

19 to make grants to experienced non-profit organizations, 

20 States, local governments, or public housing agencies for 

21 safety and functional home modification repairs to meet 

22 the needs of low-income elderly persons to enable them 

23 to remain in their primary residence: Provided further, 

24 That of the total amount made available under the pre25 vious proviso, no less than $5,000,000 shall be available 


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1 to meet such needs in communities with substantial rural 

2 populations. 

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), as amended, for 

8 project rental assistance for supportive housing for per9 sons with disabilities under section 811(d)(2) of such Act, 

10 for project assistance contracts pursuant to section 202(h) 

11 of the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

12 667), including amendments to contracts for such assist13 ance and renewal of expiring contracts for such assistance 

14 for up to a 1-year term, for project rental assistance to 

15 State housing finance agencies and other appropriate enti16 ties as authorized under section 811(b)(3) of the Cran17 ston-Gonzalez National Housing Act, and for supportive 

18 services associated with the housing for persons with dis19 abilities as authorized by section 811(b)(1) of such Act, 

20 $154,000,000, to remain available until September 30, 

21 2022: 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, 

25 upon the request of the Secretary, project funds which are 


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1 held in residual receipts accounts for any project subject 

2 to a section 811 project rental assistance contract and, 

3 upon termination of such contract, are in excess of an 

4 amount to be determined by the Secretary shall be remit5 ted to the Department and deposited in this account, to 

6 remain available until September 30, 2022: Provided fur7 ther, That amounts deposited in this account pursuant to 

8 the previous proviso shall be available in addition to the 

9 amounts otherwise provided by this heading for amend10 ments and renewals: Provided further, That unobligated 

11 balances, including recaptures and carryover, remaining 

12 from funds transferred to or appropriated under this 

13 heading shall be used for amendments and renewals not14 withstanding the purposes for which such funds originally 

15 were appropriated. 

16 HOUSING COUNSELING ASSISTANCE

17 For contracts, grants, and other assistance excluding 

18 loans, as authorized under section 106 of the Housing and 

19 Urban Development Act of 1968, as amended, 

20 $45,000,000, to remain available until September 30, 

21 2020, including up to $4,500,000 for administrative con22 tract services: Provided, That grants made available from 

23 amounts provided under this heading shall be awarded 

24 within 180 days of enactment of this Act: Provided further, 

25 That funds shall be used for providing counseling and adVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 vice to tenants and homeowners, both current and pro2 spective, with respect to property maintenance, financial 

3 management or literacy, and such other matters as may 

4 be appropriate to assist them in improving their housing 

5 conditions, meeting their financial needs, and fulfilling the 

6 responsibilities of tenancy or homeownership; for program 

7 administration; and for housing counselor training: Pro8 vided further, That for purposes of providing such grants 

9 from amounts provided under this heading, the Secretary 

10 may enter into multiyear agreements, as appropriate, sub11 ject to the availability of annual appropriations. 

12 RENTAL HOUSING ASSISTANCE

13 For amendments to contracts under section 101 of 

14 the Housing and Urban Development Act of 1965 (12 

15 U.S.C. 1701s) and section 236(f)(2) of the National 

16 Housing Act (12 U.S.C. 1715z–1) in State-aided, non17 insured rental housing projects, $5,000,000, to remain 

18 available until expended: Provided, That such amount, to19 gether with unobligated balances from recaptured 

20 amounts appropriated prior to fiscal year 2006 from ter21 minated contracts under such sections of law, and any un22 obligated balances, including recaptures and carryover, re23 maining from funds appropriated under this heading after 

24 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 $12,000,000, to remain available until expended, of which 

9 $12,000,000 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 2019 so as to result in a final fiscal 

19 year 2019 appropriation from the general fund estimated 

20 at zero, and fees pursuant to section 620 of such Act shall 

21 be modified as necessary to ensure such a final fiscal year 

22 2019 appropriation: Provided further, That for the dispute 

23 resolution and installation programs, the Secretary may 

24 assess and collect fees from any program participant: Pro25 vided further, That such collections shall be deposited into 


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1 the Fund, and the Secretary, as provided herein, may use 

2 such collections, as well as fees collected under section 620 

3 of such Act, for necessary expenses of such Act: Provided 

4 further, That, notwithstanding the requirements of section 

5 620 of such Act, the Secretary may carry out responsibil6 ities of the Secretary under such Act through the use of 

7 approved service providers that are paid directly by the 

8 recipients of their services. 

9 FEDERAL HOUSING ADMINISTRATION

10 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

11 New commitments to guarantee single family loans 

12 insured under the Mutual Mortgage Insurance Fund shall 

13 not exceed $400,000,000,000, to remain available until 

14 September 30, 2020: Provided, That during fiscal year 

15 2019, obligations to make direct loans to carry out the 

16 purposes of section 204(g) of the National Housing Act, 

17 as amended, shall not exceed $1,000,000: Provided fur18 ther, That the foregoing amount in the previous proviso 

19 shall be for loans to nonprofit and governmental entities 

20 in connection with sales of single family real properties 

21 owned by the Secretary and formerly insured under the 

22 Mutual Mortgage Insurance Fund: Provided further, That 

23 for administrative contract expenses of the Federal Hous24 ing Administration, $130,000,000, to remain available 

25 until September 30, 2020: Provided further, That to the 


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1 extent guaranteed loan commitments exceed 

2 $200,000,000,000 on or before April 1, 2019, an addi3 tional $1,400 for administrative contract expenses shall be 

4 available for each $1,000,000 in additional guaranteed 

5 loan commitments (including a pro rata amount for any 

6 amount below $1,000,000), but in no case shall funds 

7 made available by this proviso exceed $30,000,000: Pro8 vided further, That notwithstanding the limitation in the 

9 first sentence of section 255(g) of the National Housing 

10 Act (12 U.S.C. 1715z–20(g)), during fiscal year 2019 the 

11 Secretary may insure and enter into new commitments to 

12 insure mortgages under section 255 of the National Hous13 ing Act only to the extent that the net credit subsidy cost 

14 for such insurance does not exceed zero: Provided further, 

15 That for fiscal year 2019, the Secretary shall not take any 

16 action against a lender solely on the basis of compare ra17 tios that have been adversely affected by defaults on mort18 gages secured by properties in areas where a major dis19 aster was declared in 2017 or 2018 pursuant to the Rob20 ert T. Stafford Disaster Relief and Emergency Assistance 

21 Act (42 U.S.C. 5121 et seq.). 

22 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

23 New commitments to guarantee loans insured under 

24 the General and Special Risk Insurance Funds, as author25 ized by sections 238 and 519 of the National Housing Act 


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1 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

2 $30,000,000,000 in total loan principal, any part of which 

3 is to be guaranteed, to remain available until September 

4 30, 2020: Provided, That during fiscal year 2019, gross 

5 obligations for the principal amount of direct loans, as au6 thorized by sections 204(g), 207(l), 238, and 519(a) of 

7 the National Housing Act, shall not exceed $1,000,000, 

8 which shall be for loans to nonprofit and governmental en9 tities in connection with the sale of single family real prop10 erties owned by the Secretary and formerly insured under 

11 such Act. 

12 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

13 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

14 GUARANTEE PROGRAM ACCOUNT

15 New commitments to issue guarantees to carry out 

16 the purposes of section 306 of the National Housing Act, 

17 as amended (12 U.S.C. 1721(g)), shall not exceed 

18 $550,000,000,000, to remain available until September 

19 30, 2020: Provided, That $27,000,000 shall be available 

20 for necessary salaries and expenses of the Office of Gov21 ernment National Mortgage Association: Provided further, 

22 That to the extent that guaranteed loan commitments ex23 ceed $155,000,000,000 on or before April 1, 2019, an ad24 ditional $100 for necessary salaries and expenses shall be 

25 available until expended for each $1,000,000 in additional 


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1 guaranteed loan commitments (including a pro rata 

2 amount for any amount below $1,000,000), but in no case 

3 shall funds made available by this proviso exceed 

4 $3,000,000: Provided further, That receipts from Commit5 ment and Multiclass fees collected pursuant to title III of 

6 the National Housing Act, as amended, shall be credited 

7 as offsetting collections to this account. 

8 POLICY DEVELOPMENT AND RESEARCH

9 RESEARCH AND TECHNOLOGY

10 For contracts, grants, and necessary expenses of pro11 grams of research and studies relating to housing and 

12 urban problems, not otherwise provided for, as authorized 

13 by title V of the Housing and Urban Development Act 

14 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

15 out the functions of the Secretary of Housing and Urban 

16 Development under section 1(a)(1)(i) of Reorganization 

17 Plan No. 2 of 1968, and for technical assistance, 

18 $100,000,000, to remain available until September 30, 

19 2020: Provided, That with respect to amounts made avail20 able under this heading, notwithstanding section 203 of 

21 this title, the Secretary may enter into cooperative agree22 ments with philanthropic entities, other Federal agencies, 

23 State or local governments and their agencies, or colleges 

24 or universities for research projects: Provided further, 

25 That with respect to the previous proviso, such partners 


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1 to the cooperative agreements must contribute at least a 

2 50 percent match toward the cost of the project: Provided 

3 further, That for non-competitive agreements entered into 

4 in accordance with the previous two provisos, the Sec5 retary of Housing and Urban Development shall comply 

6 with section 2(b) of the Federal Funding Accountability 

7 and Transparency Act of 2006 (Public Law 109–282, 31 

8 U.S.C. note) in lieu of compliance with section 

9 102(a)(4)(C) with respect to documentation of award deci10 sions: Provided further, That prior to obligation of tech11 nical assistance funding, the Secretary shall submit a 

12 plan, for approval, to the House and Senate Committees 

13 on Appropriations on how it will allocate funding for this 

14 activity: Provided further, That none of the funds provided 

15 under this heading may be available for the doctoral dis16 sertation research grant program. 

17 FAIR HOUSING AND EQUAL OPPORTUNITY

18 FAIR HOUSING ACTIVITIES

19 For contracts, grants, and other assistance, not oth20 erwise provided for, as authorized by title VIII of the Civil 

21 Rights Act of 1968, as amended by the Fair Housing 

22 Amendments Act of 1988, and section 561 of the Housing 

23 and Community Development Act of 1987, as amended, 

24 $65,300,000, to remain available until September 30, 

25 2020: Provided, That notwithstanding 31 U.S.C. 3302, 


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1 the Secretary may assess and collect fees to cover the costs 

2 of the Fair Housing Training Academy, and may use such 

3 funds to provide such training: Provided further, That no 

4 funds made available under this heading shall be used to 

5 lobby the executive or legislative branches of the Federal 

6 Government in connection with a specific contract, grant, 

7 or loan: Provided further, That of the funds made available 

8 under this heading, $300,000 shall be available to the Sec9 retary of Housing and Urban Development for the cre10 ation and promotion of translated materials and other pro11 grams that support the assistance of persons with limited 

12 English proficiency in utilizing the services provided by 

13 the Department of Housing and Urban Development. 

14 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

15 HOMES

16 LEAD HAZARD REDUCTION

17 For the Lead Hazard Reduction Program, as author18 ized by section 1011 of the Residential Lead-Based Paint 

19 Hazard Reduction Act of 1992, $260,000,000, to remain 

20 available until September 30, 2020, of which $45,000,000 

21 shall be for the Healthy Homes Initiative, pursuant to sec22 tions 501 and 502 of the Housing and Urban Develop23 ment Act of 1970, which shall include research, studies, 

24 testing, and demonstration efforts, including education 

25 and outreach concerning lead-based paint poisoning and 


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1 other housing-related diseases and hazards: Provided, 

2 That for purposes of environmental review, pursuant to 

3 the National Environmental Policy Act of 1969 (42 U.S.C. 

4 4321 et seq.) and other provisions of law that further the 

5 purposes of such Act, a grant under the Healthy Homes 

6 Initiative, or the Lead Technical Studies program under 

7 this heading or under prior appropriations Acts for such 

8 purposes under this heading, shall be considered to be 

9 funds for a special project for purposes of section 305(c) 

10 of the Multifamily Housing Property Disposition Reform 

11 Act of 1994: Provided further, That not less than 

12 $95,000,000 of the amounts made available under this 

13 heading for the award of grants pursuant to section 1011 

14 of the Residential Lead-Based Paint Hazard Reduction 

15 Act of 1992 shall be provided to areas with the highest 

16 lead-based paint abatement needs: Provided further, That 

17 $45,000,000 of the funds appropriated under this heading 

18 shall be for the implementation of projects to demonstrate 

19 how intensive, extended multi-year interventions can dra20 matically reduce the presence of lead-based paint hazards 

21 in communities containing high concentrations of both 

22 pre-1940 housing and low-income families by achieving 

23 economies of scale that substantially reduce the cost of 

24 lead-based paint remediation activities and administrative 

25 costs for grantees: Provided further, That such projects 


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1 in each of five communities shall be for five years and 

2 serve no more than four contiguous census tracts in which 

3 there are high concentrations of housing stock built before 

4 1940, in which low-income families with children make up 

5 a significantly higher proportion of the population as com6 pared to the State average, and that are located in juris7 dictions in which instances of elevated blood lead levels 

8 reported to the State are significantly higher than the 

9 State average: Provided further, That funding awarded for 

10 such projects shall be made available for draw down con11 tingent upon the grantee meeting cost-savings, produc12 tivity, and grant compliance benchmarks established by 

13 the Secretary: Provided further, That each recipent of 

14 funds for such projects shall contribute an amount not less 

15 than 10 percent of the total award, and that the Secretary 

16 shall give priority to applicants that secure commitments 

17 for additional contributions from public and private 

18 sources: Provided further, That grantees currently receiv19 ing grants made under this heading shall be eligible to 

20 apply for such projects, provided that they are deemed to 

21 be in compliance with program requirements established 

22 by the Secretary: Provided further, That each applicant 

23 shall certify adequate capacity that is acceptable to the 

24 Secretary to carry out the proposed use of funds pursuant 

25 to a notice of funding availability: Provided further, That 


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1 amounts made available under this heading in this or prior 

2 appropriations Acts, still remaining available, may be used 

3 for any purpose under this heading notwithstanding the 

4 purpose for which such amounts were appropriated if a 

5 program competition is undersubscribed and there are 

6 other program competitions under this heading that are 

7 oversubscribed. 

8 INFORMATION TECHNOLOGY FUND

9 For the development, modernization, and enhance10 ment of, modifications to, and infrastructure for Depart11 ment-wide and program-specific information technology 

12 systems, for the continuing operation and maintenance of 

13 both Department-wide and program-specific information 

14 systems, and for program-related maintenance activities, 

15 $280,000,000, of which $260,000,000 shall remain avail16 able until September 30, 2020, and of which $20,000,000 

17 shall remain available until September 30, 2021: Provided, 

18 That any amounts transferred to this Fund under this Act 

19 shall remain available until expended: Provided further, 

20 That any amounts transferred to this Fund from amounts 

21 appropriated by previously enacted appropriations Acts 

22 may be used for the purposes specified under this Fund, 

23 in addition to any other information technology purposes 

24 for which such amounts were appropriated: Provided fur25 ther, That not more than 10 percent of the funds made 


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1 available under this heading for development, moderniza2 tion and enhancement may be obligated until the Sec3 retary submits to the House and Senate Committees on 

4 Appropriations, for approval, a plan for expenditure 

5 that—(A) identifies for each modernization project: (i) the 

6 functional and performance capabilities to be delivered 

7 and the mission benefits to be realized, (ii) the estimated 

8 life-cycle cost, and (iii) key milestones to be met; and (B) 

9 demonstrates that each modernization project is: (i) com10 pliant with the Department’s enterprise architecture, (ii) 

11 being managed in accordance with applicable life-cycle 

12 management policies and guidance, (iii) subject to the De13 partment’s capital planning and investment control re14 quirements, and (iv) supported by an adequately staffed 

15 project office. 

16 OFFICE OF INSPECTOR GENERAL

17 For necessary salaries and expenses of the Office of 

18 Inspector General in carrying out the Inspector General 

19 Act of 1978, as amended, $128,082,000: Provided, That 

20 the Inspector General shall have independent authority 

21 over all personnel issues within this office. 


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1 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

2 URBAN DEVELOPMENT

3 (INCLUDING TRANSFER OF FUNDS)

4 (INCLUDING RESCISSION)

5 SEC. 201. Fifty percent of the amounts of budget au6 thority, or in lieu thereof 50 percent of the cash amounts 

7 associated with such budget authority, that are recaptured 

8 from projects described in section 1012(a) of the Stewart 

9 B. McKinney Homeless Assistance Amendments Act of 

10 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 

11 case of cash, shall be remitted to the Treasury, and such 

12 amounts of budget authority or cash recaptured and not 

13 rescinded or remitted to the Treasury shall be used by 

14 State housing finance agencies or local governments or 

15 local housing agencies with projects approved by the Sec16 retary of Housing and Urban Development for which set17 tlement occurred after January 1, 1992, in accordance 

18 with such section. Notwithstanding the previous sentence, 

19 the Secretary may award up to 15 percent of the budget 

20 authority or cash recaptured and not rescinded or remitted 

21 to the Treasury to provide project owners with incentives 

22 to refinance their project at a lower interest rate. 

23 SEC. 202. None of the amounts made available under 

24 this Act may be used during fiscal year 2019 to investigate 

25 or prosecute under the Fair Housing Act any otherwise 


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1 lawful activity engaged in by one or more persons, includ2 ing the filing or maintaining of a nonfrivolous legal action, 

3 that is engaged in solely for the purpose of achieving or 

4 preventing action by a Government official or entity, or 

5 a court of competent jurisdiction. 

6 SEC. 203. Except as explicitly provided in law, any 

7 grant, cooperative agreement or other assistance made 

8 pursuant to title II of this Act shall be made on a competi9 tive basis and in accordance with section 102 of the De10 partment of Housing and Urban Development Reform Act 

11 of 1989 (42 U.S.C. 3545). 

12 SEC. 204. Funds of the Department of Housing and 

13 Urban Development subject to the Government Corpora14 tion Control Act or section 402 of the Housing Act of 

15 1950 shall be available, without regard to the limitations 

16 on administrative expenses, for legal services on a contract 

17 or fee basis, and for utilizing and making payment for 

18 services and facilities of the Federal National Mortgage 

19 Association, Government National Mortgage Association, 

20 Federal Home Loan Mortgage Corporation, Federal Fi21 nancing Bank, Federal Reserve banks or any member 

22 thereof, Federal Home Loan banks, and any insured bank 

23 within the meaning of the Federal Deposit Insurance Cor24 poration Act, as amended (12 U.S.C. 1811–1). 


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1 SEC. 205. Unless otherwise provided for in this Act 

2 or through a reprogramming of funds, no part of any ap3 propriation for the Department of Housing and Urban 

4 Development shall be available for any program, project 

5 or activity in excess of amounts set forth in the budget 

6 estimates submitted to Congress. 

7 SEC. 206. Corporations and agencies of the Depart8 ment of Housing and Urban Development which are sub9 ject to the Government Corporation Control Act are here10 by authorized to make such expenditures, within the limits 

11 of funds and borrowing authority available to each such 

12 corporation or agency and in accordance with law, and to 

13 make such contracts and commitments without regard to 

14 fiscal year limitations as provided by section 104 of such 

15 Act as may be necessary in carrying out the programs set 

16 forth in the budget for 2019 for such corporation or agen17 cy except as hereinafter provided: Provided, That collec18 tions of these corporations and agencies may be used for 

19 new loan or mortgage purchase commitments only to the 

20 extent expressly provided for in this Act (unless such loans 

21 are in support of other forms of assistance provided for 

22 in this or prior appropriations Acts), except that this pro23 viso shall not apply to the mortgage insurance or guaranty 

24 operations of these corporations, or where loans or mortVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00148 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 gage purchases are necessary to protect the financial in2 terest of the United States Government. 

3 SEC. 207. The Secretary of Housing and Urban De4 velopment shall provide quarterly reports to the House 

5 and Senate Committees on Appropriations regarding all 

6 uncommitted, unobligated, recaptured and excess funds in 

7 each program and activity within the jurisdiction of the 

8 Department and shall submit additional, updated budget 

9 information to these Committees upon request. 

10 SEC. 208. The President’s formal budget request for 

11 fiscal year 2020, as well as the Department of Housing 

12 and Urban Development’s congressional budget justifica13 tions to be submitted to the Committees on Appropriations 

14 of the House of Representatives and the Senate, shall use 

15 the identical account and sub-account structure provided 

16 under this Act. 

17 SEC. 209. No funds provided under this title may be 

18 used for an audit of the Government National Mortgage 

19 Association that makes applicable requirements under the 

20 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

21 SEC. 210. (a) Notwithstanding any other provision 

22 of law, subject to the conditions listed under this section, 

23 for fiscal years 2019 and 2020, the Secretary of Housing 

24 and Urban Development may authorize the transfer of 

25 some or all project-based assistance, debt held or insured 


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1 by the Secretary and statutorily required low-income and 

2 very low-income use restrictions if any, associated with one 

3 or more multifamily housing project or projects to another 

4 multifamily housing project or projects. 

5 (b) PHASED TRANSFERS.—Transfers of project6 based assistance under this section may be done in phases 

7 to accommodate the financing and other requirements re8 lated to rehabilitating or constructing the project or 

9 projects to which the assistance is transferred, to ensure 

10 that such project or projects meet the standards under 

11 subsection (c). 

12 (c) The transfer authorized in subsection (a) is sub13 ject to the following conditions: 

14 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

15 (A) For occupied units in the transferring 

16 project: The number of low-income and very 

17 low-income units and the configuration (i.e., 

18 bedroom size) provided by the transferring 

19 project shall be no less than when transferred 

20 to the receiving project or projects and the net 

21 dollar amount of Federal assistance provided to 

22 the transferring project shall remain the same 

23 in the receiving project or projects. 

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1 duction in the number of dwelling units in the 

2 receiving project or projects to allow for a re3 configuration of bedroom sizes to meet current 

4 market demands, as determined by the Sec5 retary and provided there is no increase in the 

6 project-based assistance budget authority. 

7 (2) The transferring project shall, as deter8 mined by the Secretary, be either physically obsolete 

9 or economically nonviable. 

10 (3) The receiving project or projects shall meet 

11 or exceed applicable physical standards established 

12 by the Secretary. 

13 (4) The owner or mortgagor of the transferring 

14 project shall notify and consult with the tenants re15 siding in the transferring project and provide a cer16 tification of approval by all appropriate local govern17 mental officials. 

18 (5) The tenants of the transferring project who 

19 remain eligible for assistance to be provided by the 

20 receiving project or projects shall not be required to 

21 vacate their units in the transferring project or 

22 projects until new units in the receiving project are 

23 available for occupancy. 

24 (6) The Secretary determines that this transfer 

25 is in the best interest of the tenants. 


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1 (7) If either the transferring project or the re2 ceiving project or projects meets the condition speci3 fied in subsection (d)(2)(A), any lien on the receiv4 ing project resulting from additional financing ob5 tained by the owner shall be subordinate to any 

6 FHA-insured mortgage lien transferred to, or placed 

7 on, such project by the Secretary, except that the 

8 Secretary may waive this requirement upon deter9 mination that such a waiver is necessary to facilitate 

10 the financing of acquisition, construction, and/or re11 habilitation of the receiving project or projects. 

12 (8) If the transferring project meets the re13 quirements of subsection (d)(2), the owner or mort14 gagor of the receiving project or projects shall exe15 cute and record either a continuation of the existing 

16 use agreement or a new use agreement for the 

17 project where, in either case, any use restrictions in 

18 such agreement are of no lesser duration than the 

19 existing use restrictions. 

20 (9) The transfer does not increase the cost (as 

21 defined in section 502 of the Congressional Budget 

22 Act of 1974, as amended) of any FHA-insured 

23 mortgage, except to the extent that appropriations 

24 are provided in advance for the amount of any such 

25 increased cost. 


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1 (d) For purposes of this section— 

2 (1) the terms ‘‘low-income’’ and ‘‘very low-in3 come’’ shall have the meanings provided by the stat4 ute and/or regulations governing the program under 

5 which the project is insured or assisted; 

6 (2) the term ‘‘multifamily housing project’’ 

7 means housing that meets one of the following con8 ditions— 

9 (A) housing that is subject to a mortgage 

10 insured under the National Housing Act; 

11 (B) housing that has project-based assist12 ance attached to the structure including 

13 projects undergoing mark to market debt re14 structuring under the Multifamily Assisted 

15 Housing Reform and Affordability Housing Act; 

16 (C) housing that is assisted under section 

17 202 of the Housing Act of 1959, as amended 

18 by section 801 of the Cranston-Gonzales Na19 tional Affordable Housing Act; 

20 (D) housing that is assisted under section 

21 202 of the Housing Act of 1959, as such sec22 tion existed before the enactment of the Cran23 ston-Gonzales National Affordable Housing Act; 


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1 (E) housing that is assisted under section 

2 811 of the Cranston-Gonzales National Afford3 able Housing Act; or 

4 (F) housing or vacant land that is subject 

5 to a use agreement; 

6 (3) the term ‘‘project-based assistance’’ 

7 means— 

8 (A) assistance provided under section 8(b) 

9 of the United States Housing Act of 1937; 

10 (B) assistance for housing constructed or 

11 substantially rehabilitated pursuant to assist12 ance provided under section 8(b)(2) of such Act 

13 (as such section existed immediately before Oc14 tober 1, 1983); 

15 (C) rent supplement payments under sec16 tion 101 of the Housing and Urban Develop17 ment Act of 1965; 

18 (D) interest reduction payments under sec19 tion 236 and/or additional assistance payments 

20 under section 236(f)(2) of the National Hous21 ing Act; 

22 (E) assistance payments made under sec23 tion 202(c)(2) of the Housing Act of 1959; and 


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1 (F) assistance payments made under sec2 tion 811(d)(2) of the Cranston-Gonzalez Na3 tional Affordable Housing Act; 

4 (4) the term ‘‘receiving project or projects’’ 

5 means the multifamily housing project or projects to 

6 which some or all of the project-based assistance, 

7 debt, and statutorily required low-income and very 

8 low-income use restrictions are to be transferred; 

9 (5) the term ‘‘transferring project’’ means the 

10 multifamily housing project which is transferring 

11 some or all of the project-based assistance, debt, and 

12 the statutorily required low-income and very low-in13 come use restrictions to the receiving project or 

14 projects; and 

15 (6) the term ‘‘Secretary’’ means the Secretary 

16 of Housing and Urban Development. 

17 (e) RESEARCH REPORT.—The Secretary shall con18 duct an evaluation of the transfer authority under this sec19 tion, including the effect of such transfers on the oper20 ational efficiency, contract rents, physical and financial 

21 conditions, and long-term preservation of the affected 

22 properties. 

23 SEC. 211. (a) No assistance shall be provided under 

24 section 8 of the United States Housing Act of 1937 (42 

25 U.S.C. 1437f) to any individual who— 


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1 (1) is enrolled as a student at an institution of 

2 higher education (as defined under section 102 of 

3 the Higher Education Act of 1965 (20 U.S.C. 

4 1002)); 

5 (2) is under 24 years of age; 

6 (3) is not a veteran; 

7 (4) is unmarried; 

8 (5) does not have a dependent child; 

9 (6) is not a person with disabilities, as such 

10 term is defined in section 3(b)(3)(E) of the United 

11 States Housing Act of 1937 (42 U.S.C. 

12 1437a(b)(3)(E)) and was not receiving assistance 

13 under such section 8 as of November 30, 2005; 

14 (7) is not a youth who left foster care at age 

15 14 or older and is at risk of becoming homeless; and 

16 (8) is not otherwise individually eligible, or has 

17 parents who, individually or jointly, are not eligible, 

18 to receive assistance under section 8 of the United 

19 States Housing Act of 1937 (42 U.S.C. 1437f). 

20 (b) For purposes of determining the eligibility of a 

21 person to receive assistance under section 8 of the United 

22 States Housing Act of 1937 (42 U.S.C. 1437f), any finan23 cial assistance (in excess of amounts received for tuition 

24 and any other required fees and charges) that an indi25 vidual receives under the Higher Education Act of 1965 


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1 (20 U.S.C. 1001 et seq.), from private sources, or an insti2 tution of higher education (as defined under the Higher 

3 Education Act of 1965 (20 U.S.C. 1002)), shall be consid4 ered income to that individual, except for a person over 

5 the age of 23 with dependent children. 

6 SEC. 212. The funds made available for Native Alas7 kans under the heading ‘‘Native American Housing Block 

8 Grants’’ in title II of this Act shall be allocated to the 

9 same Native Alaskan housing block grant recipients that 

10 received funds in fiscal year 2005. 

11 SEC. 213. Notwithstanding any other provision of 

12 law, in fiscal year 2019, in managing and disposing of any 

13 multifamily property that is owned or has a mortgage held 

14 by the Secretary of Housing and Urban Development, and 

15 during the process of foreclosure on any property with a 

16 contract for rental assistance payments under section 8 

17 of the United States Housing Act of 1937 or other Fed18 eral programs, the Secretary shall maintain any rental as19 sistance payments under section 8 of the United States 

20 Housing Act of 1937 and other programs that are at21 tached to any dwelling units in the property. To the extent 

22 the Secretary determines, in consultation with the tenants 

23 and the local government, that such a multifamily prop24 erty owned or held by the Secretary is not feasible for con25 tinued rental assistance payments under such section 8 


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1 or other programs, based on consideration of (1) the costs 

2 of rehabilitating and operating the property and all avail3 able Federal, State, and local resources, including rent ad4 justments under section 524 of the Multifamily Assisted 

5 Housing Reform and Affordability Act of 1997 

6 (‘‘MAHRAA’’) and (2) environmental conditions that can7 not be remedied in a cost-effective fashion, the Secretary 

8 may, in consultation with the tenants of that property, 

9 contract for project-based rental assistance payments with 

10 an owner or owners of other existing housing properties, 

11 or provide other rental assistance. The Secretary shall also 

12 take appropriate steps to ensure that project-based con13 tracts remain in effect prior to foreclosure, subject to the 

14 exercise of contractual abatement remedies to assist relo15 cation of tenants for imminent major threats to health and 

16 safety after written notice to and informed consent of the 

17 affected tenants and use of other available remedies, such 

18 as partial abatements or receivership. After disposition of 

19 any multifamily property described under this section, the 

20 contract and allowable rent levels on such properties shall 

21 be subject to the requirements under section 524 of 

22 MAHRAA. 

23 SEC. 214. The commitment authority funded by fees 

24 as provided under the heading ‘‘Community Development 

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1 antee, or make commitments to guarantee, notes, or other 

2 obligations issued by any State on behalf of non-entitle3 ment communities in the State in accordance with the re4 quirements of section 108 of the Housing and Community 

5 Development Act of 1974: Provided, That any State re6 ceiving such a guarantee or commitment shall distribute 

7 all funds subject to such guarantee to the units of general 

8 local government in non-entitlement areas that received 

9 the commitment. 

10 SEC. 215. Public housing agencies that own and oper11 ate 400 or fewer public housing units may elect to be ex12 empt from any asset management requirement imposed by 

13 the Secretary of Housing and Urban Development in con14 nection with the operating fund rule: Provided, That an 

15 agency seeking a discontinuance of a reduction of subsidy 

16 under the operating fund formula shall not be exempt 

17 from asset management requirements. 

18 SEC. 216. With respect to the use of amounts pro19 vided in this Act and in future Acts for the operation, cap20 ital improvement and management of public housing as 

21 authorized by sections 9(d) and 9(e) of the United States 

22 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

23 Secretary shall not impose any requirement or guideline 

24 relating to asset management that restricts or limits in 

25 any way the use of capital funds for central office costs 


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1 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

2 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro3 vided, That a public housing agency may not use capital 

4 funds authorized under section 9(d) for activities that are 

5 eligible under section 9(e) for assistance with amounts 

6 from the operating fund in excess of the amounts per7 mitted under section 9(g)(1) or 9(g)(2). 

8 SEC. 217. No official or employee of the Department 

9 of Housing and Urban Development shall be designated 

10 as an allotment holder unless the Office of the Chief Fi11 nancial Officer has determined that such allotment holder 

12 has implemented an adequate system of funds control and 

13 has received training in funds control procedures and di14 rectives. The Chief Financial Officer shall ensure that 

15 there is a trained allotment holder for each HUD appro16 priation under the accounts ‘‘Executive Offices’’ and ‘‘Ad17 ministrative Support Offices,’’ as well as each account re18 ceiving appropriations under the general heading ‘‘Pro19 gram Office Salaries and Expenses’’, ‘‘Government Na20 tional Mortgage Association—Guarantees of Mortgage21 Backed Securities Loan Guarantee Program Account’’, 

22 and ‘‘Office of Inspector General’’ within the Department 

23 of Housing and Urban Development. 

24 SEC. 218. The Secretary of the Department of Hous25 ing and Urban Development shall, for fiscal year 2019, 


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1 notify the public through the Federal Register and other 

2 means, as determined appropriate, of the issuance of a no3 tice of the availability of assistance or notice of funding 

4 availability (NOFA) for any program or discretionary 

5 fund administered by the Secretary that is to be competi6 tively awarded. Notwithstanding any other provision of 

7 law, for fiscal year 2019, the Secretary may make the 

8 NOFA available only on the Internet at the appropriate 

9 Government web site or through other electronic media, 

10 as determined by the Secretary. 

11 SEC. 219. Payment of attorney fees in program-re12 lated litigation shall be paid from the individual program 

13 office and Office of General Counsel salaries and expenses 

14 appropriations. The annual budget submission for the pro15 gram offices and the Office of General Counsel shall in16 clude any such projected litigation costs for attorney fees 

17 as a separate line item request. No funds provided in this 

18 title may be used to pay any such litigation costs for attor19 ney fees until the Department submits for review a spend20 ing plan for such costs to the House and Senate Commit21 tees on Appropriations. 

22 SEC. 220. The Secretary is authorized to transfer up 

23 to 10 percent or $5,000,000, whichever is less, of funds 

24 appropriated for any office under the heading ‘‘Adminis25 trative Support Offices’’ or for any account under the genVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 eral heading ‘‘Program Office Salaries and Expenses’’ to 

2 any other such office or account: Provided, That no appro3 priation for any such office or account shall be increased 

4 or decreased by more than 10 percent or $5,000,000, 

5 whichever is less, without prior written approval of the 

6 House and Senate Committees on Appropriations: Pro7 vided further, That the Secretary shall provide notification 

8 to such Committees three business days in advance of any 

9 such transfers under this section up to 10 percent or 

10 $5,000,000, whichever is less. 

11 SEC. 221. (a) Any entity receiving housing assistance 

12 payments shall maintain decent, safe, and sanitary condi13 tions, as determined by the Secretary of Housing and 

14 Urban Development (in this section referred to as the 

15 ‘‘Secretary’’), and comply with any standards under appli16 cable State or local laws, rules, ordinances, or regulations 

17 relating to the physical condition of any property covered 

18 under a housing assistance payment contract. 

19 (b) The Secretary shall take action under subsection 

20 (c) when a multifamily housing project with a section 8 

21 contract or contract for similar project-based assistance— 

22 (1) receives a Uniform Physical Condition 

23 Standards (UPCS) score of 60 or less; or 

24 (2) fails to certify in writing to the Secretary 

25 within 3 days that all Exigent Health and Safety deVerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267

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1 ficiencies identified by the inspector at the project 

2 have been corrected. 

3 Such requirements shall apply to insured and noninsured 

4 projects with assistance attached to the units under sec5 tion 8 of the United States Housing Act of 1937 (42 

6 U.S.C. 1437f), but do not apply to such units assisted 

7 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

8 public housing units assisted with capital or operating 

9 funds under section 9 of the United States Housing Act 

10 of 1937 (42 U.S.C. 1437g). 

11 (c)(1) Within 15 days of the issuance of the REAC 

12 inspection, the Secretary must provide the owner with a 

13 Notice of Default with a specified timetable, determined 

14 by the Secretary, for correcting all deficiencies. The Sec15 retary must also provide a copy of the Notice of Default 

16 to the tenants, the local government, any mortgagees, and 

17 any contract administrator. If the owner’s appeal results 

18 in a UPCS score of 60 or above, the Secretary may with19 draw the Notice of Default. 

20 (2) At the end of the time period for correcting all 

21 deficiencies specified in the Notice of Default, if the owner 

22 fails to fully correct such deficiencies, the Secretary may— 

23 (A) require immediate replacement of project 

24 management with a management agent approved by 

25 the Secretary; 


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1 (B) impose civil money penalties, which shall be 

2 used solely for the purpose of supporting safe and 

3 sanitary conditions at applicable properties, as des4 ignated by the Secretary, with priority given to the 

5 tenants of the property affected by the penalty; 

6 (C) abate the section 8 contract, including par7 tial abatement, as determined by the Secretary, until 

8 all deficiencies have been corrected; 

9 (D) pursue transfer of the project to an owner, 

10 approved by the Secretary under established proce11 dures, which will be obligated to promptly make all 

12 required repairs and to accept renewal of the assist13 ance contract as long as such renewal is offered; 

14 (E) transfer the existing section 8 contract to 

15 another project or projects and owner or owners; 

16 (F) pursue exclusionary sanctions, including 

17 suspensions or debarments from Federal programs; 

18 (G) seek judicial appointment of a receiver to 

19 manage the property and cure all project deficiencies 

20 or seek a judicial order of specific performance re21 quiring the owner to cure all project deficiencies; 

22 (H) work with the owner, lender, or other re23 lated party to stabilize the property in an attempt 

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1 fer of ownership, or an infusion of capital provided 

2 by a third-party that requires time to effectuate; or 

3 (I) take any other regulatory or contractual 

4 remedies available as deemed necessary and appro5 priate by the Secretary. 

6 (d) The Secretary shall also take appropriate steps 

7 to ensure that project-based contracts remain in effect, 

8 subject to the exercise of contractual abatement remedies 

9 to assist relocation of tenants for major threats to health 

10 and safety after written notice to the affected tenants. To 

11 the extent the Secretary determines, in consultation with 

12 the tenants and the local government, that the property 

13 is not feasible for continued rental assistance payments 

14 under such section 8 or other programs, based on consid15 eration of— 

16 (1) the costs of rehabilitating and operating the 

17 property and all available Federal, State, and local 

18 resources, including rent adjustments under section 

19 524 of the Multifamily Assisted Housing Reform 

20 and Affordability Act of 1997 (‘‘MAHRAA’’); and 

21 (2) environmental conditions that cannot be 

22 remedied in a cost-effective fashion, the Secretary 

23 may contract for project-based rental assistance pay24 ments with an owner or owners of other existing 


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1 housing properties, or provide other rental assist2 ance. 

3 (e) The Secretary shall report quarterly on all prop4 erties covered by this section that are assessed through 

5 the Real Estate Assessment Center and have UPCS phys6 ical inspection scores of less than 60 or have received an 

7 unsatisfactory management and occupancy review within 

8 the past 36 months. The report shall include— 

9 (1) the enforcement actions being taken to ad10 dress such conditions, including imposition of civil 

11 money penalties and termination of subsidies, and 

12 identify properties that have such conditions mul13 tiple times; 

14 (2) actions that the Department of Housing 

15 and Urban Development is taking to protect tenants 

16 of such identified properties; and 

17 (3) any administrative or legislative rec18 ommendations to further improve the living condi19 tions at properties covered under a housing assist20 ance payment contract. 

21 This report shall be due to the Senate and House Commit22 tees on Appropriations no later than 30 days after the 

23 enactment of this Act, and on the first business day of 

24 each Federal fiscal year quarter thereafter while this sec25 tion remains in effect. 


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1 SEC. 222. None of the funds made available by this 

2 Act, or any other Act, for purposes authorized under sec3 tion 8 (only with respect to the tenant-based rental assist4 ance program) and section 9 of the United States Housing 

5 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

6 any public housing agency for any amount of salary, in7 cluding bonuses, for the chief executive officer of which, 

8 or any other official or employee of which, that exceeds 

9 the annual rate of basic pay payable for a position at level 

10 IV of the Executive Schedule at any time during any pub11 lic housing agency fiscal year 2019. 

12 SEC. 223. None of the funds in this Act provided to 

13 the Department of Housing and Urban Development may 

14 be used to make a grant award unless the Secretary noti15 fies the House and Senate Committees on Appropriations 

16 not less than 3 full business days before any project, 

17 State, locality, housing authority, tribe, nonprofit organi18 zation, or other entity selected to receive a grant award 

19 is announced by the Department or its offices. 

20 SEC. 224. None of the funds made available by this 

21 Act may be used to require or enforce the Physical Needs 

22 Assessment (PNA). 

23 SEC. 225. None of the funds made available in this 

24 Act shall be used by the Federal Housing Administration, 

25 the Government National Mortgage Administration, or the 


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1 Department of Housing and Urban Development to in2 sure, securitize, or establish a Federal guarantee of any 

3 mortgage or mortgage backed security that refinances or 

4 otherwise replaces a mortgage that has been subject to 

5 eminent domain condemnation or seizure, by a State, mu6 nicipality, or any other political subdivision of a State. 

7 SEC. 226. None of the funds made available by this 

8 Act may be used to terminate the status of a unit of gen9 eral local government as a metropolitan city (as defined 

10 in section 102 of the Housing and Community Develop11 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

12 grants under section 106 of such Act (42 U.S.C. 5306). 

13 SEC. 227. Amounts made available under this Act 

14 which are either appropriated, allocated, advanced on a 

15 reimbursable basis, or transferred to the Office of Policy 

16 Development and Research in the Department of Housing 

17 and Urban Development and functions thereof, for re18 search, evaluation, or statistical purposes, and which are 

19 unexpended at the time of completion of a contract, grant, 

20 or cooperative agreement, may be deobligated and shall 

21 immediately become available and may be reobligated in 

22 that fiscal year or the subsequent fiscal year for the re23 search, evaluation, or statistical purposes for which the 

24 amounts are made available to that Office subject to re25 programming requirements in section 405 of this Act. 


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1 SEC. 228. None of the funds provided in this Act or 

2 any other act may be used for awards, including perform3 ance, special act, or spot, for any employee of the Depart4 ment of Housing and Urban Development who has been 

5 subject to administrative discipline in fiscal years 2018 or 

6 2019, including suspension from work. 

7 SEC. 229. Funds made available in this title under 

8 the heading ‘‘Homeless Assistance Grants’’ may be used 

9 by the Secretary to participate in Performance Partner10 ship Pilots authorized under section 526 of division H of 

11 Public Law 113–76, section 524 of division G of Public 

12 Law 113–235, section 525 of division H of Public Law 

13 114–113, and such authorities as are enacted for Perform14 ance Partnership Pilots in an appropriations Act for fiscal 

15 year 2019: Provided, That such participation shall be lim16 ited to no more than 10 continuums of care and housing 

17 activities to improve outcomes for disconnected youth. 

18 SEC. 230. With respect to grant amounts awarded 

19 under the heading ‘‘Homeless Assistance Grants’’ for fis20 cal years 2015, 2016, 2017, 2018 and 2019 for the con21 tinuum of care (CoC) program as authorized under sub22 title C of title IV of the McKinney-Vento Homeless Assist23 ance Act, costs paid by program income of grant recipients 

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1 quirements, provided the costs are eligible CoC costs that 

2 supplement the recipient’s CoC program. 

3 SEC. 231. (a) From amounts made available under 

4 this title under the heading ‘‘Homeless Assistance 

5 Grants’’, the Secretary may award 1-year transition 

6 grants to recipients of funds for activities under subtitle 

7 C of the McKinney-Vento Homeless Assistance Act (42 

8 U.S.C. 11381 et seq.) to transition from one Continuum 

9 of Care program component to another. 

10 (b) No more than 50 percent of each transition grant 

11 may be used for costs of eligible activities of the program 

12 component originally funded. 

13 (c) Transition grants made under this section are eli14 gible for renewal in subsequent fiscal years for the eligible 

15 activities of the new program component. 

16 (d) In order to be eligible to receive a transition 

17 grant, the funding recipient must have the consent of the 

18 Continuum of Care and meet standards determined by the 

19 Secretary. 

20 SEC. 232. None of the funds made available by this 

21 Act may be used by the Department of Housing and 

22 Urban Development to direct a grantee to undertake spe23 cific changes to existing zoning laws as part of carrying 

24 out the final rule entitled ‘‘Affirmatively Furthering Fair 

25 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 


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1 notice entitled ‘‘Affirmatively Furthering Fair Housing 

2 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 

3 2014)). 

4 SEC. 233. Section 218(g) of the Cranston-Gonzalez 

5 National Affordable Housing Act (42 U.S.C. 12748(g)) 

6 shall not apply with respect to the right of a jurisdiction 

7 to draw funds from its HOME Investment Trust Fund 

8 that otherwise expired or would expire in 2016, 2017, 

9 2018, 2019, 2020 or 2021 under that section. 

10 SEC. 234. The Promise Zone designations and Prom11 ise Zone Designation Agreements entered into pursuant 

12 to such designations, made by the Secretary of Housing 

13 and Urban Development in prior fiscal years, shall remain 

14 in effect in accordance with the terms and conditions of 

15 such agreements. 

16 SEC. 235. The Secretary shall initiate a comprehen17 sive review of existing public housing and tenant-based 

18 rental assistance regulations and related notices and other 

19 guidance documents to identify opportunities to streamline 

20 the administration of such programs while also ensuring 

21 compliance with Federal financial and internal control re22 quirements. The Secretary shall establish a regulatory ad23 visory committee, composed of program and research ex24 perts from the Department, a fair representation of public 

25 housing agencies, and independent subject matter experts 


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1 in housing policy, property management, and Federal 

2 grant management, which shall advise the Secretary with 

3 respect to specific policy proposals to reduce administra4 tive burden. The Secretary, in consultation with the advi5 sory committee, shall submit a report on the results of 

6 such regulatory review to the House and Senate Commit7 tees on Appropriations no later than one year after the 

8 date of enactment of this Act. 

9 SEC. 236. None of the funds made available by this 

10 Act may be used to establish and apply a ranking factor 

11 in the selection and award of any funds made available 

12 and requiring competitive selection under this Act, includ13 ing preference or bonus points or other incentives for par14 ticipation in or coordination with EnVision Centers. 

15 SEC. 237. (a) The Secretary of Housing and Urban 

16 Development shall continue to engage in efforts authorized 

17 by the Violence Against Women Reauthorization Act of 

18 2013 (Public Law 113–4; 127 Stat. 54) to ensure that 

19 survivors of domestic violence and sexual assault are not 

20 unlawfully evicted or denied housing by certain landlords 

21 based on their experience as survivors. 

22 (b) Not later than 180 days after the date of enact23 ment of this Act, the Secretary of Housing and Urban 

24 Development shall submit to Congress a report on the ef25 forts described in subsection (a). 


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1 SEC. 238. None of the funds made available under 

2 this Act may be used to provide housing assistance bene3 fits for an individual who is convicted of— 

4 (1) aggravated sexual abuse under section 2241 

5 of title 18, United States Code; 

6 (2) murder under section 1111 of title 18, 

7 United States Code; or 

8 (3) any other Federal or State offense involv9 ing— 

10 (A) severe forms of trafficking in persons 

11 or sex trafficking, as those terms are defined in 

12 paragraphs (9) and (10), respectively, of section 

13 103 of the Trafficking Victims Protection Act 

14 of 2000 (22 U.S.C. 7102); or 

15 (B) child pornography, as defined in sec16 tion 2256 of title 18, United States Code. 

17 This title may be cited as the ‘‘Department of Hous18 ing and Urban Development Appropriations Act, 2019’’. 

19 TITLE III 

20 RELATED AGENCIES 

21 ACCESS BOARD

22 SALARIES AND EXPENSES

23 For expenses necessary for the Access Board, as au24 thorized by section 502 of the Rehabilitation Act of 1973, 

25 as amended, $8,400,000: Provided, That, notwithstanding 


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1 any other provision of law, there may be credited to this 

2 appropriation funds received for publications and training 

3 expenses. 

4 FEDERAL MARITIME COMMISSION

5 SALARIES AND EXPENSES

6 For necessary expenses of the Federal Maritime 

7 Commission as authorized by section 201(d) of the Mer8 chant Marine Act, 1936, as amended (46 U.S.C. 307), in9 cluding services as authorized by 5 U.S.C. 3109; hire of 

10 passenger motor vehicles as authorized by 31 U.S.C. 

11 1343(b); and uniforms or allowances therefore, as author12 ized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That 

13 not to exceed $2,000 shall be available for official recep14 tion and representation expenses. 

15 NATIONAL RAILROAD PASSENGER CORPORATION

16 OFFICE OF INSPECTOR GENERAL

17 SALARIES AND EXPENSES

18 For necessary expenses of the Office of Inspector 

19 General for the National Railroad Passenger Corporation 

20 to carry out the provisions of the Inspector General Act 

21 of 1978, as amended, $23,274,000: Provided, That the In22 spector General shall have all necessary authority, in car23 rying out the duties specified in the Inspector General Act, 

24 as amended (5 U.S.C. App. 3), to investigate allegations 

25 of fraud, including false statements to the government (18 


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1 U.S.C. 1001), by any person or entity that is subject to 

2 regulation by the National Railroad Passenger Corpora3 tion: Provided further, That the Inspector General may 

4 enter into contracts and other arrangements for audits, 

5 studies, analyses, and other services with public agencies 

6 and with private persons, subject to the applicable laws 

7 and regulations that govern the obtaining of such services 

8 within the National Railroad Passenger Corporation: Pro9 vided further, That the Inspector General may select, ap10 point, and employ such officers and employees as may be 

11 necessary for carrying out the functions, powers, and du12 ties of the Office of Inspector General, subject to the appli13 cable laws and regulations that govern such selections, ap14 pointments, and employment within the Corporation: Pro15 vided further, That concurrent with the President’s budget 

16 request for fiscal year 2020, the Inspector General shall 

17 submit to the House and Senate Committees on Appro18 priations a budget request for fiscal year 2020 in similar 

19 format and substance to those submitted by executive 

20 agencies of the Federal Government: Provided further, 

21 That not later than 240 days after the date of enactment 

22 of this Act, the Inspector General shall update the report 

23 entitled ‘‘Effects of Amtrak’s Poor On-Time Perform24 ance’’, numbered CR–2008–047, and dated March 28, 

25 2008, and make the updated report publicly available. 


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1 NATIONAL TRANSPORTATION SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the National Transpor4 tation Safety Board, including hire of passenger motor ve5 hicles and aircraft; services as authorized by 5 U.S.C. 

6 3109, but at rates for individuals not to exceed the per 

7 diem rate equivalent to the rate for a GS–15; uniforms, 

8 or allowances therefor, as authorized by law (5 U.S.C. 

9 5901–5902), $110,400,000, of which not to exceed $2,000 

10 may be used for official reception and representation ex11 penses. The amounts made available to the National 

12 Transportation Safety Board in this Act include amounts 

13 necessary to make lease payments on an obligation in14 curred in fiscal year 2001 for a capital lease. 

15 NEIGHBORHOOD REINVESTMENT CORPORATION

16 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

17 CORPORATION

18 For payment to the Neighborhood Reinvestment Cor19 poration for use in neighborhood reinvestment activities, 

20 as authorized by the Neighborhood Reinvestment Corpora21 tion Act (42 U.S.C. 8101–8107), $145,000,000, of which 

22 $5,000,000 shall be for a multi-family rental housing pro23 gram: Provided, That an additional $2,000,000, to remain 

24 available until September 30, 2023, shall be for the pro25 motion and development of shared equity housing models. 


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1 SURFACE TRANSPORTATION BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Surface Transpor4 tation Board, including services authorized by 5 U.S.C. 

5 3109, $37,100,000: Provided, That notwithstanding any 

6 other provision of law, not to exceed $1,250,000 from fees 

7 established by the Chairman of the Surface Transpor8 tation Board shall be credited to this appropriation as off9 setting collections and used for necessary and authorized 

10 expenses under this heading: Provided further, That the 

11 sum herein appropriated from the general fund shall be 

12 reduced on a dollar-for-dollar basis as such offsetting col13 lections are received during fiscal year 2019, to result in 

14 a final appropriation from the general fund estimated at 

15 no more than $35,850,000. 

16 UNITED STATES INTERAGENCY COUNCIL ON

17 HOMELESSNESS

18 OPERATING EXPENSES

19 For necessary expenses (including payment of sala20 ries, authorized travel, hire of passenger motor vehicles, 

21 the rental of conference rooms, and the employment of ex22 perts and consultants under section 3109 of title 5, United 

23 States Code) of the United States Interagency Council on 

24 Homelessness in carrying out the functions pursuant to 

25 title II of the McKinney-Vento Homeless Assistance Act, 


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1 as amended, $3,600,000: Provided, That the first proviso 

2 in Public Law 115–141 under the heading ‘‘United States 

3 Interagency Council on Homelessness—Operating Ex4 penses’’ is amended by striking ‘‘2020’’ and inserting 

5 ‘‘2021’’. 

6 TITLE IV 

7 GENERAL PROVISIONS—THIS ACT 

8 SEC. 401. None of the funds in this Act shall be used 

9 for the planning or execution of any program to pay the 

10 expenses of, or otherwise compensate, non-Federal parties 

11 intervening in regulatory or adjudicatory proceedings 

12 funded in this Act. 

13 SEC. 402. None of the funds appropriated in this Act 

14 shall remain available for obligation beyond the current 

15 fiscal year, nor may any be transferred to other appropria16 tions, unless expressly so provided herein. 

17 SEC. 403. The expenditure of any appropriation 

18 under this Act for any consulting service through a pro19 curement contract pursuant to section 3109 of title 5, 

20 United States Code, shall be limited to those contracts 

21 where such expenditures are a matter of public record and 

22 available for public inspection, except where otherwise pro23 vided under existing law, or under existing Executive order 

24 issued pursuant to existing law. 


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1 SEC. 404. (a) None of the funds made available in 

2 this Act may be obligated or expended for any employee 

3 training that— 

4 (1) does not meet identified needs for knowl5 edge, skills, and abilities bearing directly upon the 

6 performance of official duties; 

7 (2) contains elements likely to induce high lev8 els of emotional response or psychological stress in 

9 some participants; 

10 (3) does not require prior employee notification 

11 of the content and methods to be used in the train12 ing and written end of course evaluation; 

13 (4) contains any methods or content associated 

14 with religious or quasi-religious belief systems or 

15 ‘‘new age’’ belief systems as defined in Equal Em16 ployment Opportunity Commission Notice N– 

17 915.022, dated September 2, 1988; or 

18 (5) is offensive to, or designed to change, par19 ticipants’ personal values or lifestyle outside the 

20 workplace. 

21 (b) Nothing in this section shall prohibit, restrict, or 

22 otherwise preclude an agency from conducting training 

23 bearing directly upon the performance of official duties. 

24 SEC. 405. Except as otherwise provided in this Act, 

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1 vious appropriations Acts to the agencies or entities fund2 ed in this Act that remain available for obligation or ex3 penditure in fiscal year 2019, or provided from any ac4 counts in the Treasury derived by the collection of fees 

5 and available to the agencies funded by this Act, shall be 

6 available for obligation or expenditure through a re7 programming of funds that— 

8 (1) creates a new program; 

9 (2) eliminates a program, project, or activity; 

10 (3) increases funds or personnel for any pro11 gram, project, or activity for which funds have been 

12 denied or restricted by the Congress; 

13 (4) proposes to use funds directed for a specific 

14 activity by either the House or Senate Committees 

15 on Appropriations for a different purpose; 

16 (5) augments existing programs, projects, or ac17 tivities in excess of $5,000,000 or 10 percent, which18 ever is less; 

19 (6) reduces existing programs, projects, or ac20 tivities by $5,000,000 or 10 percent, whichever is 

21 less; or 

22 (7) creates, reorganizes, or restructures a 

23 branch, division, office, bureau, board, commission, 

24 agency, administration, or department different from 

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1 tees on Appropriations or the tables in the explana2 tory statement described in section 421 of this Act, 

3 whichever is more detailed, unless prior approval is 

4 received from the House and Senate Committees on 

5 Appropriations: Provided, That not later than 60 

6 days after the date of enactment of this Act, each 

7 agency funded by this Act shall submit a report to 

8 the Committees on Appropriations of the Senate and 

9 of the House of Representatives to establish the 

10 baseline for application of reprogramming and trans11 fer authorities for the current fiscal year: Provided 

12 further, That the report shall include— 

13 (A) a table for each appropriation with a 

14 separate column to display the prior year en15 acted level, the President’s budget request, ad16 justments made by Congress, adjustments due 

17 to enacted rescissions, if appropriate, and the 

18 fiscal year enacted level; 

19 (B) a delineation in the table for each ap20 propriation and its respective prior year enacted 

21 level by object class and program, project, and 

22 activity as detailed in the budget appendix for 

23 the respective appropriation; and 

24 (C) an identification of items of special 

25 congressional interest. 


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1 SEC. 406. Except as otherwise specifically provided 

2 by law, not to exceed 50 percent of unobligated balances 

3 remaining available at the end of fiscal year 2019 from 

4 appropriations made available for salaries and expenses 

5 for fiscal year 2019 in this Act, shall remain available 

6 through September 30, 2020, for each such account for 

7 the purposes authorized: Provided, That a request shall 

8 be submitted to the House and Senate Committees on Ap9 propriations for approval prior to the expenditure of such 

10 funds: Provided further, That these requests shall be made 

11 in compliance with reprogramming guidelines under sec12 tion 405 of this Act. 

13 SEC. 407. No funds in this Act may be used to sup14 port any Federal, State, or local projects that seek to use 

15 the power of eminent domain, unless eminent domain is 

16 employed only for a public use: Provided, That for pur17 poses of this section, public use shall not be construed to 

18 include economic development that primarily benefits pri19 vate entities: Provided further, That any use of funds for 

20 mass transit, railroad, airport, seaport or highway 

21 projects, as well as utility projects which benefit or serve 

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1 utility functions that serve the general public and are sub2 ject to regulation and oversight by the government, and 

3 projects for the removal of an immediate threat to public 

4 health and safety or brownfields as defined in the Small 

5 Business Liability Relief and Brownfields Revitalization 

6 Act (Public Law 107–118) shall be considered a public 

7 use for purposes of eminent domain. 

8 SEC. 408. None of the funds made available in this 

9 Act may be transferred to any department, agency, or in10 strumentality of the United States Government, except 

11 pursuant to a transfer made by, or transfer authority pro12 vided in, this Act or any other appropriations Act. 

13 SEC. 409. No part of any appropriation contained in 

14 this Act shall be available to pay the salary for any person 

15 filling a position, other than a temporary position, for16 merly held by an employee who has left to enter the Armed 

17 Forces of the United States and has satisfactorily com18 pleted his or her period of active military or naval service, 

19 and has within 90 days after his or her release from such 

20 service or from hospitalization continuing after discharge 

21 for a period of not more than 1 year, made application 

22 for restoration to his or her former position and has been 

23 certified by the Office of Personnel Management as still 

24 qualified to perform the duties of his or her former posi25 tion and has not been restored thereto. 


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1 SEC. 410. No funds appropriated pursuant to this 

2 Act may be expended by an entity unless the entity agrees 

3 that in expending the assistance the entity will comply 

4 with sections 2 through 4 of the Act of March 3, 1933 

5 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

6 American Act’’). 

7 SEC. 411. No funds appropriated or otherwise made 

8 available under this Act shall be made available to any 

9 person or entity that has been convicted of violating the 

10 Buy American Act (41 U.S.C. 8301–8305). 

11 SEC. 412. None of the funds made available in this 

12 Act may be used for first-class airline accommodations in 

13 contravention of sections 301–10.122 and 301–10.123 of 

14 title 41, Code of Federal Regulations. 

15 SEC. 413. (a) None of the funds made available by 

16 this Act may be used to approve a new foreign air carrier 

17 permit under sections 41301 through 41305 of title 49, 

18 United States Code, or exemption application under sec19 tion 40109 of that title of an air carrier already holding 

20 an air operators certificate issued by a country that is 

21 party to the U.S.-E.U.-Iceland-Norway Air Transport 

22 Agreement where such approval would contravene United 

23 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor24 way Air Transport Agreement. 


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1 (b) Nothing in this section shall prohibit, restrict or 

2 otherwise preclude the Secretary of Transportation from 

3 granting a foreign air carrier permit or an exemption to 

4 such an air carrier where such authorization is consistent 

5 with the U.S.-E.U.-Iceland-Norway Air Transport Agree6 ment and United States law. 

7 SEC. 414. None of the funds made available in this 

8 Act may be used to send or otherwise pay for the attend9 ance of more than 50 employees of a single agency or de10 partment of the United States Government, who are sta11 tioned in the United States, at any single international 

12 conference unless the relevant Secretary reports to the 

13 House and Senate Committees on Appropriations at least 

14 5 days in advance that such attendance is important to 

15 the national interest: Provided, That for purposes of this 

16 section the term ‘‘international conference’’ shall mean a 

17 conference occurring outside of the United States attended 

18 by representatives of the United States Government and 

19 of foreign governments, international organizations, or 

20 nongovernmental organizations. 

21 SEC. 415. None of the funds appropriated or other22 wise made available under this Act may be used by the 

23 Surface Transportation Board to charge or collect any fil24 ing fee for rate or practice complaints filed with the Board 

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1 trict court civil suit filing fees under section 1914 of title 

2 28, United States Code. 

3 SEC. 416. None of the funds made available by this 

4 Act may be used by the Department of Transportation, 

5 the Department of Housing and Urban Development, or 

6 any other Federal agency to lease or purchase new light 

7 duty vehicles for any executive fleet, or for an agency’s 

8 fleet inventory, except in accordance with Presidential 

9 Memorandum—Federal Fleet Performance, dated May 

10 24, 2011. 

11 SEC. 417. (a) None of the funds made available in 

12 this Act may be used to maintain or establish a computer 

13 network unless such network blocks the viewing, 

14 downloading, and exchanging of pornography. 

15 (b) Nothing in subsection (a) shall limit the use of 

16 funds necessary for any Federal, State, tribal, or local law 

17 enforcement agency or any other entity carrying out crimi18 nal investigations, prosecution, or adjudication activities. 

19 SEC. 418. (a) None of the funds made available in 

20 this Act may be used to deny an Inspector General funded 

21 under this Act timely access to any records, documents, 

22 or other materials available to the department or agency 

23 over which that Inspector General has responsibilities 

24 under the Inspector General Act of 1978 (5 U.S.C. App.), 

25 or to prevent or impede that Inspector General’s access 


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1 to such records, documents, or other materials, under any 

2 provision of law, except a provision of law that expressly 

3 refers to the Inspector General and expressly limits the 

4 Inspector General’s right of access. 

5 (b) A department or agency covered by this section 

6 shall provide its Inspector General with access to all such 

7 records, documents, and other materials in a timely man8 ner. 

9 (c) Each Inspector General shall ensure compliance 

10 with statutory limitations on disclosure relevant to the in11 formation provided by the establishment over which that 

12 Inspector General has responsibilities under the Inspector 

13 General Act of 1978 (5 U.S.C. App.). 

14 (d) Each Inspector General covered by this section 

15 shall report to the Committees on Appropriations of the 

16 House of Representatives and the Senate within 5 cal17 endar days any failures to comply with this requirement. 

18 SEC. 419. None of the funds appropriated or other19 wise made available by this Act may be used to pay award 

20 or incentive fees for contractors whose performance has 

21 been judged to be below satisfactory, behind schedule, over 

22 budget, or has failed to meet the basic requirements of 

23 a contract, unless the Agency determines that any such 

24 deviations are due to unforeseeable events, government25 driven scope changes, or are not significant within the 


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1 overall scope of the project and/or program unless such 

2 awards or incentive fees are consistent with 16.401(e)(2) 

3 of the FAR. 

4 SEC. 420. (a) Section 420 (a) None of the funds ap5 propriated or otherwise made available under this Act may 

6 be used to acquire telecommunications equipment pro7 duced by Huawei Technologies Company, ZTE Corpora8 tion or a high-impact or moderate-impact information sys9 tem, as defined for security categorization in the National 

10 Institute of Standards and Technology’s (NIST) Federal 

11 Information Processing Standard Publication 199, 

12 ‘‘Standards for Security Categorization of Federal Infor13 mation and Information Systems’’ unless the agency 

14 has— 

15 (1) reviewed the supply chain risk for the infor16 mation systems against criteria developed by NIST 

17 to inform acquisition decisions for high-impact and 

18 moderate-impact information systems within the 

19 Federal Government; 

20 (2) reviewed the supply chain risk from the pre21 sumptive awardee against available and relevant 

22 threat information provided by the Federal Bureau 

23 of Investigation and other appropriate agencies; and 

24 (3) in consultation with the Federal Bureau of 

25 Investigation or other appropriate Federal entity, 


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1 conducted an assessment of any risk of cyber-espio2 nage or sabotage associated with the acquisition of 

3 such system, including any risk associated with such 

4 system being produced, manufactured, or assembled 

5 by one or more entities identified by the United 

6 States Government as posing a cyber threat, includ7 ing but not limited to, those that may be owned, di8 rected, or subsidized by the People’s Republic of 

9 China, the Islamic Republic of Iran, the Democratic 

10 People’s Republic of Korea, or the Russian Federa11 tion. 

12 (b) None of the funds appropriated or otherwise 

13 made available under this Act may be used to acquire a 

14 high-impact or moderate impact information system re15 viewed and assessed under subsection (a) unless the head 

16 of the assessing entity described in subsection (a) has— 

17 (1) developed, in consultation with NIST and 

18 supply chain risk management experts, a mitigation 

19 strategy for any identified risks; 

20 (2) determined, in consultation with NIST and 

21 the Federal Bureau of Investigation, that the acqui22 sition of such system is in the vital national security 

23 interest of the United States; and 

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1 tives and the Senate in a manner that identifies the 

2 system intended for acquisition and a detailed de3 scription of the mitigation strategies identified in 

4 (1), provided that such report may include a classi5 fied annex as necessary. 

6 SEC. 421. The explanatory statement regarding divi7 sion D of H.R. 21, printed in the Congressional Record 

8 on January 3, 2019, and submitted by the Chair of the 

9 Committee on Appropriations, shall have the same effect 

10 with respect to allocation of funds and implementation of 

11 this Act as if it were a joint explanatory statement of a 

12 committee of conference. 

13 SEC. 422. (a) Employees furloughed as a result of 

14 any lapse in appropriations beginning on or about Decem15 ber 22, 2018 and ending on the date of enactment of this 

16 Act shall be compensated at their standard rate of com17 pensation, for the period of such lapse in appropriations, 

18 as soon as practicable after such lapse in appropriations 

19 ends. 

20 (b) For purposes of this section, ‘‘employees’’ means 

21 any Federal employees whose salaries and expenses are 

22 provided in this Act. 

23 (c) All obligations incurred in anticipation of the ap24 propriations made and authority granted by this Act for 

25 the purposes of maintaining the essential level of activity 


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1 to protect life and property and bringing about orderly ter2 mination of Government functions, and for purposes as 

3 otherwise authorized by law, are hereby ratified and ap4 proved if otherwise in accord with the provisions of this 

5 Act. 

6 SEC. 423. (a) If a State (or another Federal grantee) 

7 used State funds (or the grantee’s non-Federal funds) to 

8 continue carrying out a Federal program or furloughed 

9 State employees (or the grantee’s employees) whose com10 pensation is advanced or reimbursed in whole or in part 

11 by the Federal Government— 

12 (1) such furloughed employees shall be com13 pensated at their standard rate of compensation for 

14 such period; 

15 (2) the State (or such other grantee) shall be 

16 reimbursed for expenses that would have been paid 

17 by the Federal Government during such period had 

18 appropriations been available, including the cost of 

19 compensating such furloughed employees, together 

20 with interest thereon calculated under section 

21 6503(d) of title 31, United States Code; and 

22 (3) the State (or such other grantee) may use 

23 funds available to the State (or the grantee) under 

24 such Federal program to reimburse such State (or 

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1 culated under section 6503(d) of title 31, United 

2 States Code. 

3 (b) For purposes of this section, the term ‘‘State’’ 

4 and the term ‘‘grantee,’’ including United States terri5 tories and possessions, shall have the meaning given such 

6 terms under the applicable Federal program under sub7 section (a). In addition, ‘‘to continue carrying out a Fed8 eral program’’ means the continued performance by a 

9 State or other Federal grantee, during the period of a 

10 lapse in appropriations, of a Federal program that the 

11 State or such other grantee had been carrying out prior 

12 to the period of the lapse in appropriations. 

13 (c) The authority under this section applies with re14 spect to any period in fiscal year 2019 (not limited to peri15 ods beginning or ending after the date of the enactment 

16 of this Act) during which there occurs a lapse in appro17 priations with respect to any department or agency of the 

18 Federal Government receiving funding in this Act which, 

19 but for such lapse in appropriations, would have paid, or 

20 made reimbursement relating to, any of the expenses re21 ferred to in this section with respect to the program in22 volved. Payments and reimbursements under this author23 ity shall be made only to the extent and in amounts pro24 vided in advance in appropriations Acts. 


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1 This Act may be cited as the ‘‘Transportation, Hous2 ing and Urban Development, and Related Agencies Appro3 priations Act, 2019’’. 

Passed the House of Representatives January 10, 

2019. 

Attest: KAREN L. HAAS, 

Clerk. 


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