IB 

Union Calendar No. 79 

116TH CONGRESS 

1ST SESSION H. R. 3163 

[Report No. 116–106] 

Making appropriations for the Departments of Transportation, and Housing 

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

September 30, 2020, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 6, 2019 

Mr. PRICE, from the Committee on Appropriations, reported the following bill; 

which was committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

A BILL 

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

2020, and for other purposes. 

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

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 Departments of Transportation, and Housing and Urban 


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1 Development, and related agencies for the fiscal year end2 ing September 30, 2020, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

8 $113,910,000, of which not to exceed $3,065,000 shall be 

9 available for the immediate Office of the Secretary; not 

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

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

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

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

14 of the Under Secretary of Transportation for Policy; not 

15 to exceed $14,300,000 shall be available for the Office of 

16 the Assistant Secretary for Budget and Programs; not to 

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

18 Assistant Secretary for Governmental Affairs; not to ex19 ceed $29,244,000 shall be available for the Office of the 

20 Assistant Secretary for Administration; not to exceed 

21 $2,142,000 shall be available for the Office of Public Af22 fairs; not to exceed $1,859,000 shall be available for the 

23 Office of the Executive Secretariat; not to exceed 

24 $12,181,000 shall be available for the Office of Intel25 ligence, Security, and Emergency Response; and not to exVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 ceed $16,814,000 shall be available for the Office of the 

2 Chief Information Officer: Provided, That the Secretary 

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

5 other office of the Office of the Secretary: Provided fur6 ther, That no appropriation for any office shall be in7 creased or decreased by more than 7 percent by all such 

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

9 funding greater than 7 percent shall be submitted for ap10 proval to the House and Senate Committees on Appropria11 tions: Provided further, That not to exceed $60,000 shall 

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

15 provision of law, excluding fees authorized in Public Law 

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

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

19 be available for the position of Assistant Secretary for 

20 Public Affairs. 

21 RESEARCH AND TECHNOLOGY

22 For necessary expenses related to the Office of the 

23 Assistant Secretary for Research and Technology, 

24 $42,948,000, of which $21,166,000 shall remain available 

25 until September 30, 2022, and of which $15,000,000, to 


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1 remain available until expended, is for new competitive 

2 grants under section 5505 of title 49, United States Code, 

3 for Tier I University Transportation Centers: Provided, 

4 That such amounts are in addition to amounts previously 

5 provided for such program: Provided further, That section 

6 5505(c)(4)(A) of title 49, United States Code, shall not 

7 apply to amounts for additional Tier I University Trans8 portation Centers provided under this heading: Provided 

9 further, That there may be credited to this appropriation, 

10 to be available until expended, funds received from States, 

11 counties, municipalities, other public authorities, and pri12 vate sources for expenses incurred for training: Provided 

13 further, That any reference in law, regulation, judicial pro14 ceedings, or elsewhere to the Research and Innovative 

15 Technology Administration shall continue to be deemed to 

16 be a reference to the Office of the Assistant Secretary for 

17 Research and Technology of the Department of Transpor18 tation. 

19 NATIONAL INFRASTRUCTURE INVESTMENTS

20 For capital investments in surface transportation in21 frastructure, $1,000,000,000, to remain available through 

22 September 30, 2022: Provided, That the Secretary of 

23 Transportation shall distribute funds provided under this 

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

25 local government, transit agency, port authority, or a colVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 laboration among such entities on a competitive basis for 

2 projects that will have a significant local or regional im3 pact: Provided further, That projects eligible for funding 

4 provided under this heading shall include, but not be lim5 ited to, highway or bridge projects eligible under title 23, 

6 United States Code; public transportation projects eligible 

7 under chapter 53 of title 49, United States Code; pas8 senger and freight rail transportation projects; and port 

9 infrastructure investments (including inland port infra10 structure and land ports of entry): Provided further, That 

11 of the amount made available under this heading, the Sec12 retary shall use $15,000,000 for the planning, preparation 

13 or design of projects eligible for funding under this head14 ing, with an emphasis on transit, transit oriented develop15 ment, and multimodal projects: Provided further, That of 

16 the amount made available under this heading, the Sec17 retary shall use $20,000,000 for the planning, preparation 

18 or design of projects eligible for funding under this head19 ing located in areas of persistent poverty: Provided further, 

20 That the term persistent poverty means any county that 

21 has had 20 percent or more of its population living in pov22 erty over the past 30 years, as measured by the 1990 and 

23 2000 decennial census and the most recent Small Area 

24 Income and Poverty Estimates, or any census tract with 

25 a poverty rate of at least 20 percent as measured by the 


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1 2013-2017 five-year data series available from the Amer2 ican Community Survey of the Census Bureau: Provided 

3 further, That grants awarded under the previous three 

4 provisos shall not be subject to a minimum grant size: Pro5 vided further, That the Secretary may use up to 20 per6 cent of the funds made available under this heading for 

7 the purpose of paying the subsidy and administrative costs 

8 of projects eligible for Federal credit assistance under 

9 chapter 6 of title 23, United States Code, or sections 501 

10 through 504 of the Railroad Revitalization and Regulatory 

11 Reform Act of 1976 (Public Law 94–210), as amended, 

12 if the Secretary finds that such use of the funds would 

13 advance the purposes of this paragraph: Provided further, 

14 That in distributing funds provided under this heading, 

15 the Secretary shall take such measures so as to ensure 

16 an equitable geographic distribution of funds, an equitable 

17 distribution of funds between urban and rural areas, and 

18 the investment in a variety of transportation modes, in19 cluding public transit, passenger rail, and pedestrian im20 provements: Provided further, That a grant funded under 

21 this heading shall be not less than $5,000,000 and not 

22 greater than $50,000,000: Provided further, That not 

23 more than 15 percent of the funds made available under 

24 this heading may be awarded to projects in a single State: 

25 Provided further, That the Federal share of the costs for 


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1 which an expenditure is made under this heading shall be, 

2 at the option of the recipient, up to 80 percent: Provided 

3 further, That the Secretary shall give priority to projects 

4 that require a contribution of Federal funds in order to 

5 complete an overall financing package: Provided further, 

6 That of the funds awarded under this heading not more 

7 than 50 percent shall be for projects located in a rural 

8 area with a population equal to or less than 200,000: Pro9 vided further, That for projects located in a rural area, 

10 the minimum grant size shall be $1,000,000 and the Sec11 retary may increase the Federal share of costs above 80 

12 percent: Provided further, That of the funds awarded 

13 under this heading not more than 50 percent shall be for 

14 projects located in an urbanized area with a population 

15 of more than 200,000: Provided further, That funds for 

16 an urbanized area under the previous proviso may be obli17 gated to projects in the metropolitan area established 

18 under section 134 of title 23, United States Code, that 

19 encompasses such urbanized area: Provided further, That 

20 the Secretary shall consider the benefits of a project on 

21 urban and rural areas to the fullest extent to include all 

22 relevant geographic areas: Provided further, That projects 

23 conducted using funds provided under this heading must 

24 comply with the requirements of subchapter IV of chapter 

25 31 of title 40, United States Code: Provided further, That 


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1 the Secretary shall conduct a new competition to select 

2 the grants and credit assistance awarded under this head3 ing: Provided further, That the Secretary may retain up 

4 to $25,000,000 of the funds provided under this heading, 

5 and may transfer portions of those funds to the Adminis6 trators of the Federal Highway Administration, the Fed7 eral Transit Administration, the Federal Railroad Admin8 istration, and the Maritime Administration to fund the 

9 award and oversight of grants and credit assistance made 

10 under the National Infrastructure Investments program: 

11 Provided further, That the Secretary shall consider and 

12 award projects based solely on the selection criteria from 

13 the fiscal year 2017 Notice of Funding Opportunity: Pro14 vided further, That, notwithstanding the previous proviso, 

15 the Secretary shall not use the Federal share or an appli16 cant’s ability to generate non-Federal revenue as a selec17 tion criteria in awarding projects: Provided further, That 

18 the Secretary shall issue the Notice of Funding Oppor19 tunity no later than 60 days after enactment of this Act: 

20 Provided further, That such Notice of Funding Oppor21 tunity shall require application submissions 90 days after 

22 the publishing of such Notice: Provided further, That of 

23 the applications submitted under the previous two pro24 visos, the Secretary shall make grants no later than 270 

25 days after enactment of this Act in such amounts that 


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1 the Secretary determines: Provided further, That such 

2 sums provided for national infrastructure investments for 

3 multimodal safety projects under title VIII of division F 

4 of the Consolidated and Further Continuing Appropria5 tions Act, 2013 (Public Law 113–6; 127 Stat. 432) shall 

6 remain available through fiscal year 2024 for the liquida7 tion of valid obligations of active grants awarded with this 

8 funding: Provided further, That the preceding proviso shall 

9 be applied as if it were in effect on September 30, 2019. 

10 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

11 FINANCE BUREAU

12 For necessary expenses of the National Surface 

13 Transportation and Innovative Finance Bureau as author14 ized by 49 U.S.C. 116, $5,000,000, to remain available 

15 until expended: Provided, That the Secretary shall notify 

16 the House and Senate Committees on Appropriations no 

17 less than 15 days prior to exercising the transfer authority 

18 granted under section 116(h) of title 49, United States 

19 Code. 

20 FINANCIAL MANAGEMENT CAPITAL

21 For necessary expenses for upgrading and enhancing 

22 the Department of Transportation’s financial systems and 

23 re-engineering business processes, $2,000,000, to remain 

24 available through September 30, 2021. 


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1 CYBER SECURITY INITIATIVES

2 For necessary expenses for cyber security initiatives, 

3 including necessary upgrades to wide area network and 

4 information technology infrastructure, improvement of 

5 network perimeter controls and identity management, 

6 testing and assessment of information technology against 

7 business, security, and other requirements, implementa8 tion of Federal cyber security initiatives and information 

9 infrastructure enhancements, and implementation of en10 hanced security controls on network devices, $15,000,000, 

11 to remain available through September 30, 2021. 

12 OFFICE OF CIVIL RIGHTS

13 For necessary expenses of the Office of Civil Rights, 

14 $9,470,000. 

15 TRANSPORTATION PLANNING, RESEARCH, AND

16 DEVELOPMENT

17 For necessary expenses for conducting transportation 

18 planning, research, systems development, development ac19 tivities, and making grants, $15,879,000, to remain avail20 able until expended: Provided, That of such amount, 

21 $1,000,000 shall be for necessary expenses of the Inter22 agency Infrastructure Permitting Improvement Center 

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

24 to this appropriation, to remain available until expended, 

25 amounts transferred from other Federal agencies for exVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 penses incurred under this heading for IIPIC activities not 

2 related to transportation infrastructure: Provided further, 

3 That the tools and analysis developed by the IIPIC shall 

4 be available to other Federal agencies for the permitting 

5 and review of major infrastructure projects not related to 

6 transportation only to the extent that other Federal agen7 cies provide funding to the Department as provided for 

8 under the previous proviso. 

9 WORKING CAPITAL FUND

10 For necessary expenses for operating costs and cap11 ital outlays of the Working Capital Fund, not to exceed 

12 $424,901,000, shall be paid from appropriations made 

13 available to the Department of Transportation: Provided, 

14 That such services shall be provided on a competitive basis 

15 to entities within the Department of Transportation: Pro16 vided further, That the above limitation on operating ex17 penses shall not apply to non-DOT entities: Provided fur18 ther, That no funds appropriated in this Act to an agency 

19 of the Department shall be transferred to the Working 

20 Capital Fund without majority approval of the Working 

21 Capital Fund Steering Committee and approval of the 

22 Secretary: Provided further, That no assessments may be 

23 levied against any program, budget activity, subactivity or 

24 project funded by this Act unless notice of such assess25 ments and the basis therefor are presented to the House 


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1 and Senate Committees on Appropriations and are ap2 proved by such Committees. 

3 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

4 OUTREACH

5 For necessary expenses for small and disadvantaged 

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

7 remain available until September 30, 2021: Provided, 

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

9 used for business opportunities related to any mode of 

10 transportation: Provided further, That appropriations 

11 made available under this heading shall be available for 

12 any purpose consistent with prior year appropriations that 

13 were made available under the heading ‘‘Minority Busi14 ness Resource Center Program’’. 

15 PAYMENTS TO AIR CARRIERS

16 (AIRPORT AND AIRWAY TRUST FUND)

17 In addition to funds made available from any other 

18 source to carry out the essential air service program under 

19 49 U.S.C. 41731 through 41742, $175,000,000, to be de20 rived from the Airport and Airway Trust Fund, to remain 

21 available until expended: Provided, That in determining 

22 between or among carriers competing to provide service 

23 to a community, the Secretary may consider the relative 

24 subsidy requirements of the carriers: Provided further, 

25 That basic essential air service minimum requirements 


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1 shall not include the 15-passenger capacity requirement 

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

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

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

5 with a community located less than 40 miles from the 

6 nearest small hub airport before the Secretary has nego7 tiated with the community over a local cost share: Pro8 vided further, That amounts authorized to be distributed 

9 for the essential air service program under subsection 

10 41742(b) of title 49, United States Code, shall be made 

11 available immediately from amounts otherwise provided to 

12 the Administrator of the Federal Aviation Administration: 

13 Provided further, That the Administrator may reimburse 

14 such amounts from fees credited to the account estab15 lished under section 45303 of title 49, United States Code. 

16 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

17 SECRETARY OF TRANSPORTATION

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

19 Act to the Department of Transportation may be obligated 

20 for the Office of the Secretary of Transportation to ap21 prove assessments or reimbursable agreements pertaining 

22 to funds appropriated to the modal administrations in this 

23 Act, except for activities underway on the date of enact24 ment of this Act, unless such assessments or agreements 


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1 have completed the normal reprogramming process for 

2 Congressional notification. 

3 SEC. 102. The Secretary shall post on the Web site 

4 of the Department of Transportation a schedule of all 

5 meetings of the Council on Credit and Finance, including 

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

7 Credit and Finance to record the decisions and actions 

8 of each meeting. 

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

10 327 of title 49, United States Code, the Department’s 

11 Working Capital Fund is hereby authorized to provide 

12 partial or full payments in advance and accept subsequent 

13 reimbursements from all Federal agencies from available 

14 funds for transit benefit distribution services that are nec15 essary to carry out the Federal transit pass transportation 

16 fringe benefit program under Executive Order No. 13150 

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

18 the Department shall maintain a reasonable operating re19 serve in the Working Capital Fund, to be expended in ad20 vance to provide uninterrupted transit benefits to Govern21 ment employees: Provided further, That such reserve will 

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

23 only for the purpose of providing for the continuation of 

24 transit benefits: Provided further, That the Working Cap25 ital Fund will be fully reimbursed by each customer agenVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 cy from available funds for the actual cost of the transit 

2 benefit. 

3 SEC. 104. For an additional amount for ‘‘Office of 

4 the Secretary—Salaries and Expenses’’, $2,052,000, to 

5 become available on the date on which the Secretary an6 nounces the selection of projects to receive awards for each 

7 of the following competitive grants, with respect to funds 

8 made available for fiscal year 2017 or fiscal year 2018 

9 for such grants: 

10 (a) Federal-State Partnership for State of Good Re11 pair Grants, as authorized by section 24911 of title 49, 

12 United States Code, and as funded under the heading 

13 ‘‘Federal Railroad Administration—Federal-State Part14 nership for State of Good Repair Grants’’ by Public Law 

15 115–31 and as funded under the heading ‘‘Federal Rail16 road Administration—Federal-State Partnership for State 

17 of Good Repair’’ by Public Law 115–141; 

18 (b) Consolidated Rail Infrastructure and Safety Im19 provements Grants, as authorized by section 22907 of title 

20 49, United States Code, and as funded under the heading 

21 ‘‘Federal Railroad Administration—Consolidated Rail In22 frastructure and Safety Improvements’’ by Public Law 

23 115–141; and 

24 (c) Restoration and Enhancement Grants, as author25 ized by section 22908 of title 49, United States Code, and 


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1 as funded under the heading ‘‘Federal Railroad Adminis2 tration—Restoration and Enhancement Grants’’ by Public 

3 Law 115–31 and as funded under the heading ‘‘Federal 

4 Railroad Administration—Restoration and Enhancement’’ 

5 by Public Law 115–141. 

6 SEC. 105. (a) Of the amount made available to ‘‘Of7 fice of the Secretary—Research and Technology’’, 

8 $1,000,000 shall be for the Secretary of Transportation 

9 to enter into an arrangement with the National Academies 

10 of Sciences, Engineering, and Medicine to conduct a study 

11 through the Transportation Research Board on effective 

12 ways to measure the resilience of transportation systems 

13 and services to natural disasters, natural hazards, and 

14 other potential disruptions. 

15 (b) The study conducted pursuant to subsection (a) 

16 shall— 

17 (1) identify and examine approaches used by 

18 Federal agencies, States, metropolitan planning or19 ganizations, local governments, and other organiza20 tions, including approaches described in academic 

21 literature, to develop metrics for transportation resil22 ience, including methodologies used for quantitative 

23 and qualitative data collection and analysis; and 

24 (2) provide findings and recommendations on 

25 approaches to measuring resilience that have shown 


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1 or promise success, and strategies to overcome chal2 lenges in measuring resilience. 

3 (c) No later than 30 days after the date of enactment 

4 of this Act, the Secretary of Transportation shall enter 

5 into the arrangement described in subsection (a). 

6 (d) No later than 210 days after the date of enact7 ment of this Act, the National Academies of Sciences, En8 gineering, and Medicine shall provide an interim report 

9 of its findings to the Committees on Appropriations of the 

10 House of Representatives and Senate. 

11 (e) No later than 1 year after the date of enactment 

12 of this Act, the Secretary of Transportation shall submit 

13 to the Committees on Appropriations of the House of Rep14 resentatives and Senate the final study developed by the 

15 National Academies of Sciences, Engineering, and Medi16 cine. 

17 SEC. 106. (a) Of the amount made available to ‘‘Of18 fice of the Secretary—Research and Technology’’, 

19 $10,000,000 shall be for the establishment of a Highly 

20 Automated Systems Safety Center of Excellence within 

21 the Department of Transportation, in order to have a De22 partment of Transportation workforce capable of review23 ing, validating, and certifying the safety of automated 

24 technologies. 


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1 (b) The Highly Automated Systems Safety Center of 

2 Excellence shall –— 

3 (1) serve as a single place within the Depart4 ment of Transportation for expertise in automation 

5 and human behavior, computer science, machine 

6 learning, sensors, and other technologies involving 

7 automated systems; 

8 (2) support all Operating Administrations of 

9 the Department of Transportation; and 

10 (3) have a workforce composed of Department 

11 of Transportation employees, including direct hires 

12 or detailees from Operating Administrations. 

13 (c) Employees of the Highly Automated Systems 

14 Safety Center of Excellence shall audit, inspect, and cer15 tify highly automated systems to ensure their safety. 

16 (d) No later than 90 days after the date of enactment 

17 of this Act, the Secretary shall report to the Committees 

18 on Appropriations of the House of Representatives and the 

19 Senate on staffing needs and the staffing plan for the 

20 Highly Automated Systems Safety Center of Excellence. 

21 FEDERAL AVIATION ADMINISTRATION

22 OPERATIONS

23 (AIRPORT AND AIRWAY TRUST FUND)

24 For necessary expenses of the Federal Aviation Ad25 ministration, not otherwise provided for, including operVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 ations and research activities related to commercial space 

2 transportation, administrative expenses for research and 

3 development, establishment of air navigation facilities, the 

4 operation (including leasing) and maintenance of aircraft, 

5 subsidizing the cost of aeronautical charts and maps sold 

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

7 vehicles for replacement only, $10,677,758,000, to remain 

8 available until September 30, 2021, of which 

9 $9,833,400,000 shall be derived from the Airport and Air10 way Trust Fund: Provided, That of the sums appropriated 

11 under this heading — 

12 (1) not less than $1,603,969,000 shall be avail13 able for aviation safety activities; 

14 (2) not to exceed $7,841,720,000 shall be avail15 able for air traffic organization activities; 

16 (3) not to exceed $24,949,000 shall be available 

17 for commercial space transportation activities; 

18 (4) not to exceed $816,398,000 shall be avail19 able for finance and management activities; 

20 (5) not to exceed $61,258,000 shall be available 

21 for NextGen and operations planning activities; 

22 (6) not to exceed $114,165,000 shall be avail23 able for security and hazardous materials safety; and 

24 (7) not to exceed $215,299,000 shall be avail25 able for staff offices, of which $5,000,000 is for the 


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1 Minority Serving Institutions internship program, 

2 $5,000,000 is for the aviation maintenance techni3 cian development program (as described in section 

4 625 of Public Law 115–254), and $5,000,000 is for 

5 the aviation workforce development program (as de6 scribed in section 625 of Public Law 115–254): 

7 Provided further, That not to exceed 5 percent of any 

8 budget activity, except for aviation safety budget activity, 

9 may be transferred to any budget activity under this head10 ing: Provided further, That no transfer may increase or 

11 decrease any appropriation by more than 5 percent: Pro12 vided further, That any transfer in excess of 5 percent 

13 shall be treated as a reprogramming of funds under sec14 tion 405 of this Act and shall not be available for obliga15 tion or expenditure except in compliance with the proce16 dures set forth in that section: Provided further, That not 

17 later than 60 days after the submission of the budget re18 quest, the Administrator of the Federal Aviation Adminis19 tration shall transmit to Congress an annual update to 

20 the report submitted to Congress in December 2004 pur21 suant to section 221 of Public Law 108–176: Provided fur22 ther, That the amount herein appropriated shall be re23 duced by $100,000 for each day after the date that is 60 

24 days after the submission of the budget request that such 

25 report has not been submitted to the Congress: Provided 


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1 further, That not later than 60 days after the submission 

2 of the budget request, the Administrator shall transmit 

3 to Congress a companion report that describes a com4 prehensive strategy for staffing, hiring, and training flight 

5 standards and aircraft certification staff in a format simi6 lar to the one utilized for the controller staffing plan, in7 cluding stated attrition estimates and numerical hiring 

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

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

10 for each day after the date that is 60 days after the sub11 mission of the budget request that such report has not 

12 been submitted to Congress: Provided further, That funds 

13 may be used to enter into a grant agreement with a non14 profit standard-setting organization to assist in the devel15 opment of aviation safety standards: Provided further, 

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

17 new applicants for the second career training program: 

18 Provided further, That none of the funds in this Act shall 

19 be available for the Federal Aviation Administration to fi20 nalize or implement any regulation that would promulgate 

21 new aviation user fees not specifically authorized by law 

22 after the date of the enactment of this Act: Provided fur23 ther, That there may be credited to this appropriation, as 

24 offsetting collections, funds received from States, counties, 

25 municipalities, foreign authorities, other public authoriVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 ties, and private sources for expenses incurred in the pro2 vision of agency services, including receipts for the mainte3 nance and operation of air navigation facilities, and for 

4 issuance, renewal or modification of certificates, including 

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

6 tests related thereto, or for processing major repair or al7 teration forms: Provided further, That of the funds appro8 priated under this heading, not less than $169,000,000 

9 shall be used to fund direct operations of the current air 

10 traffic control towers in the contract tower program, in11 cluding the contract tower cost share program, and any 

12 airport that is currently qualified or that will qualify for 

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

14 none of the funds in this Act for aeronautical charting 

15 and cartography are available for activities conducted by, 

16 or coordinated through, the Working Capital Fund: Pro17 vided further, That none of the funds appropriated or oth18 erwise made available by this Act or any other Act may 

19 be used to eliminate the Contract Weather Observers pro20 gram at any airport: Provided further, That the opening, 

21 closing, reorganization, or redesignation of field or re22 gional offices shall be subject to the requirements of sec23 tion 405 of this Act. 


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1 FACILITIES AND EQUIPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for acquisition, establishment, technical support services, 

5 improvement by contract or purchase, and hire of national 

6 airspace systems and experimental facilities and equip7 ment, as authorized under part A of subtitle VII of title 

8 49, United States Code, including initial acquisition of 

9 necessary sites by lease or grant; engineering and service 

10 testing, including construction of test facilities and acqui11 sition of necessary sites by lease or grant; construction 

12 and furnishing of quarters and related accommodations 

13 for officers and employees of the Federal Aviation Admin14 istration stationed at remote localities where such accom15 modations are not available; and the purchase, lease, or 

16 transfer of aircraft from funds available under this head17 ing, including aircraft for aviation regulation and certifi18 cation; to be derived from the Airport and Airway Trust 

19 Fund, $3,000,000,000, of which $512,823,000 shall re20 main available until September 30, 2021, $2,372,127,000 

21 shall remain available until September 30, 2022, and 

22 $115,050,000 shall remain available until expended: Pro23 vided, That there may be credited to this appropriation 

24 funds received from States, counties, municipalities, other 

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1 curred in the establishment, improvement, and moderniza2 tion of national airspace systems: Provided further, That 

3 no later than 60 days after the submission of the budget 

4 request, the Secretary of Transportation shall transmit to 

5 the Congress an investment plan for the Federal Aviation 

6 Administration which includes funding for each budget 

7 line item for fiscal years 2021 through 2025, with total 

8 funding for each year of the plan constrained to the fund9 ing targets for those years as estimated and approved by 

10 the Office of Management and Budget. 

11 RESEARCH, ENGINEERING, AND DEVELOPMENT

12 (AIRPORT AND AIRWAY TRUST FUND)

13 For necessary expenses, not otherwise provided for, 

14 for research, engineering, and development, as authorized 

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

16 Code, including construction of experimental facilities and 

17 acquisition of necessary sites by lease or grant, 

18 $191,100,000, to be derived from the Airport and Airway 

19 Trust Fund and to remain available until September 30, 

20 2022: Provided, That there may be credited to this appro21 priation as offsetting collections, funds received from 

22 States, counties, municipalities, other public authorities, 

23 and private sources, which shall be available for expenses 

24 incurred for research, engineering, and development: Pro25 vided further, That funds made available under this headVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 ing shall be used in accordance with the report accom2 panying this Act: Provided further, That not to exceed 10 

3 percent of any funding level specified under this heading 

4 in the report accompanying this Act may be transferred 

5 to any other funding level specified under this heading in 

6 the report accompanying this Act: Provided further, That 

7 no transfer may increase or decrease any funding level by 

8 more than 10 percent: Provided further, That any transfer 

9 in excess of 10 percent shall be treated as a reprogram10 ming of funds under section 405 of this Act and shall not 

11 be available for obligation or expenditure except in compli12 ance with the procedures set forth in that section. 

13 GRANTS-IN-AID FOR AIRPORTS

14 (LIQUIDATION OF CONTRACT AUTHORIZATION)

15 (LIMITATION ON OBLIGATIONS)

16 (AIRPORT AND AIRWAY TRUST FUND)

17 (INCLUDING TRANSFER OF FUNDS)

18 For liquidation of obligations incurred for grants-in19 aid for airport planning and development, and noise com20 patibility planning and programs as authorized under sub21 chapter I of chapter 471 and subchapter I of chapter 475 

22 of title 49, United States Code, and under other law au23 thorizing such obligations; for procurement, installation, 

24 and commissioning of runway incursion prevention devices 

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


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

2 for inspection activities and administration of airport safe3 ty programs, including those related to airport operating 

4 certificates under section 44706 of title 49, United States 

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

6 Airway Trust Fund and to remain available until ex7 pended: Provided, That none of the funds under this head8 ing shall be available for the planning or execution of pro9 grams the obligations for which are in excess of 

10 $3,350,000,000 in fiscal year 2020, notwithstanding sec11 tion 47117(g) of title 49, United States Code: Provided 

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

13 be available for the replacement of baggage conveyor sys14 tems, reconfiguration of terminal baggage areas, or other 

15 airport improvements that are necessary to install bulk ex16 plosive detection systems: Provided further, That notwith17 standing section 47109(a) of title 49, United States Code, 

18 the Government’s share of allowable project costs under 

19 paragraph (2) for subgrants or paragraph (3) of that sec20 tion shall be 95 percent for a project at other than a large 

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

22 multi-phased construction project for which the project 

23 sponsor received a grant in fiscal year 2011 for the con24 struction project: Provided further, That notwithstanding 

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


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1 heading, not more than $112,600,000 shall be available 

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

3 available for the Airport Cooperative Research Program, 

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

5 Technology Research, and $10,000,000, to remain avail6 able until expended, shall be available and transferred to 

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

8 out the Small Community Air Service Development Pro9 gram: Provided further, That in addition to airports eligi10 ble under section 41743 of title 49, United States Code, 

11 such program may include the participation of an airport 

12 that serves a community or consortium that is not larger 

13 than a small hub airport, according to FAA hub classifica14 tions effective at the time the Office of the Secretary 

15 issues a request for proposals. 

16 GRANTS-IN-AID FOR AIRPORTS

17 For an additional amount for ‘‘Grants-In-Aid for Air18 ports’’, to enable the Secretary of Transportation to make 

19 grants for projects as authorized by subchapter 1 of chap20 ter 471 and subchapter 1 of chapter 475 of title 49, 

21 United States Code, $500,000,000, to remain available 

22 through September 30, 2022: Provided, That amounts 

23 made available under this heading shall be derived from 

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

25 apportionment formulas, special apportionment categories, 


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1 or minimum percentages under chapter 471: Provided fur2 ther, That the Secretary shall distribute funds provided 

3 under this heading as discretionary grants to airports: 

4 Provided further, That the amount made available under 

5 this heading shall not be subject to any limitation on obli6 gations for the Grants-in-Aid for Airports program set 

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

8 of the Federal Aviation Administration may retain up to 

9 0.5 percent of the funds provided under this heading to 

10 fund the award and oversight by the Administrator of 

11 grants made under this heading: Provided further, That

12 section 47115(j) of title 49, United States Code, shall not 

13 apply with respect to amounts made available under this 

14 heading: Provided further, That priority consideration 

15 shall be, without regard to airport size, based on project 

16 justification and completeness of pre-grant actions. 

17 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

18 ADMINISTRATION

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

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

21 the federally funded research and development center con22 tract between the Federal Aviation Administration and the 

23 Center for Advanced Aviation Systems Development dur24 ing fiscal year 2020. 


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

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

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

6 buildings for services relating to air traffic control, air 

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

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

11 grant assurances that require airport sponsors to provide 

12 land without cost to the Federal Aviation Administration 

13 for air traffic control facilities. 

14 SEC. 112. The Administrator of the Federal Aviation 

15 Administration may reimburse amounts made available to 

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

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

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

20 year. 

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

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

23 appropriation current at the time of collection, to be 

24 merged with and available for the same purposes of such 

25 appropriation. 


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

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

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

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

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

13 of the Federal Aviation Administration without the prior 

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

16 SEC. 117. Notwithstanding any other provision of 

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

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

19 to implement any limitation on the ability of any owner 

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

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

24 Administration’s Aircraft Situational Display to Industry 

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


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1 available to a Government agency, for the noncommercial 

2 flights of that owner or operator. 

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

5 and Presidential appointees in the Federal Aviation Ad6 ministration. 

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

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

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

10 Aviation Administration provides to the House and Senate 

11 Committees on Appropriations a report that justifies all 

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

14 13642. 

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

16 used to close a regional operations center of the Federal 

17 Aviation Administration or reduce its services unless the 

18 Administrator notifies the House and Senate Committees 

19 on Appropriations not less than 90 full business days in 

20 advance. 

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

23 or prior permission rules at Teterboro airport in 

24 Teterboro, New Jersey. 


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

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

4 approval any new application for participation in the Con5 tract Tower Program, or for reevaluation of Cost-share 

6 Program participants as long as the Federal Aviation Ad7 ministration has received an application from the airport, 

8 and as long as the Administrator determines such tower 

9 is eligible. 

10 SEC. 119D. Of the funds provided under the heading 

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

12 necessary expenses, including an independent verification 

13 regime, to provide reimbursement to airport sponsors that 

14 do not provide gateway operations and providers of gen15 eral aviation ground support services located at those air16 ports closed during a temporary flight restriction (TFR) 

17 for any residence of the President that is designated or 

18 identified to be secured by the United States Secret Serv19 ice, and for direct and incremental financial losses in20 curred while such airports are closed solely due to the ac21 tions of the Federal Government: Provided, That no funds 

22 shall be obligated or distributed to airport sponsors that 

23 do not provide gateway operations and providers of gen24 eral aviation ground support services until an independent 

25 audit is completed: Provided further, That losses incurred 


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1 as a result of violations of law, or through fault or neg2 ligence, of such operators and service providers or of third 

3 parties (including airports) are not eligible for reimburse4 ments: Provided further, That obligation and expenditure 

5 of funds are conditional upon full release of the United 

6 States Government for all claims for financial losses re7 sulting from such actions. 

8 FEDERAL HIGHWAY ADMINISTRATION

9 LIMITATION ON ADMINISTRATIVE EXPENSES

10 (HIGHWAY TRUST FUND)

11 (INCLUDING TRANSFER OF FUNDS)

12 Not to exceed $453,549,689, together with advances 

13 and reimbursements received by the Federal Highway Ad14 ministration, shall be obligated for necessary expenses for 

15 administration and operation of the Federal Highway Ad16 ministration. In addition, $3,248,000 shall be transferred 

17 to the Appalachian Regional Commission in accordance 

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

19 FEDERAL-AID HIGHWAYS

20 (LIMITATION ON OBLIGATIONS)

21 (HIGHWAY TRUST FUND)

22 Funds available for the implementation or execution 

23 of Federal-aid highway and highway safety construction 

24 programs authorized under titles 23 and 49, United States 

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


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1 Transportation (FAST) Act (Public Law 114-94) shall 

2 not exceed total obligations of $46,365,092,000 for fiscal 

3 year 2020: Provided, That the Secretary may collect and 

4 spend fees, as authorized by title 23, United States Code, 

5 to cover the costs of services of expert firms, including 

6 counsel, in the field of municipal and project finance to 

7 assist in the underwriting and servicing of Federal credit 

8 instruments and all or a portion of the costs to the Federal 

9 Government of servicing such credit instruments: Provided 

10 further, That such fees are available until expended to pay 

11 for such costs: Provided further, That such amounts are 

12 in addition to administrative expenses that are also avail13 able for such purpose, and are not subject to any obliga14 tion limitation or the limitation on administrative expenses 

15 under section 608 of title 23, United States Code. 

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (HIGHWAY TRUST FUND)

18 For the payment of obligations incurred in carrying 

19 out Federal-aid highway and highway safety construction 

20 programs authorized under title 23, United States Code, 

21 $47,104,092,000 derived from the Highway Trust Fund 

22 (other than the Mass Transit Account), to remain avail23 able until expended. 


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1 HIGHWAY INFRASTRUCTURE PROGRAMS

2 There is hereby appropriated to the Secretary of 

3 Transportation $1,750,000,000: Provided, That the 

4 amounts made available under this heading shall be de5 rived from the general fund, shall be in addition to any 

6 funds provided for fiscal year 2020 in this or any other 

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

8 23, United States Code, and shall not affect the distribu9 tion or amount of funds provided in any other Act: Pro10 vided further, That of the sums made available under this 

11 heading: 

12 (1) $1,493,100,000 shall be for activities eligi13 ble under section 133(b) of title 23, United States 

14 Code, for the elimination of hazards and the installa15 tion of protective devices at railway-highway cross16 ings, and to provide necessary charging infrastruc17 ture along corridor ready or corridor pending alter18 native fuel corridors as defined under 23 U.S.C. 

19 151; 

20 (2) $5,451,000 shall be for activities eligible 

21 under the Puerto Rico Highway Program as de22 scribed in section 165(b)(2)(C) of title 23, United 

23 States Code; 

24 (3) $1,449,000 shall be for activities eligible 

25 under the Territorial Highway Program, as deVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 scribed in section 165(c)(6) of title 23, United 

2 States Code; 

3 (4) $166,000,000 shall be for the nationally 

4 significant Federal lands and tribal projects program 

5 under section 1123 of the FAST Act; 

6 (5) $50,000,000 shall be for competitive grants 

7 for activities described in section 130(a) of title 23, 

8 United States Code; 

9 (6) $15,000,000 shall be for grants for Ad10 vanced Digital Construction Management Systems; 

11 (7) $12,000,0000 shall be for the Regional In12 frastructure Accelerator Demonstration Program au13 thorized under section 1441 of the FAST Act; 

14 (8) $5,000,000 shall be for a National Road 

15 Network Pilot Program for the Federal Highway 

16 Administration to create a national level, geo-spatial 

17 dataset that uses data already collected under the 

18 Highway Performance Monitoring System; and 

19 (9) $2,000,000 shall be for research that leads 

20 to decreases in highway and pedestrian fatalities 

21 among Tribal populations: 

22 Provided further, That the funds made available under this 

23 heading for activities eligible under section 133(b) of title 

24 23, United States Code, for the elimination of hazards and 

25 the installation of protective devices at railway-highway 


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1 crossings, and to provide charging infrastructure for alter2 native fuel corridors, shall be suballocated in the manner 

3 described in section 133(d) of such title, except that the 

4 set-aside described in section 133(h) of title 23, United 

5 States Code shall not apply to funds made available under 

6 this heading: Provided further, That the funds made avail7 able under this heading in paragraph (1), shall be admin8 istered as if apportioned under chapter 1 of such title and 

9 shall remain available through September 30, 2023: Pro10 vided further, That the funds made available under this 

11 heading in paragraph (1), shall be apportioned to the 

12 States in the same ratio as the obligation limitation for 

13 fiscal year 2020 is distributed among the States in section 

14 120(a)(5) of this Act: Provided further, That, except as 

15 provided in the following proviso, the funds made available 

16 under this heading for activities eligible under the Puerto 

17 Rico Highway Program and activities eligible under the 

18 Territorial Highway Program shall be administered as if 

19 allocated under sections 165(b) and 165(c), respectively, 

20 of such title and shall remain available through September 

21 30, 2023: Provided further, That the funds made available 

22 under this heading for activities eligible under the Puerto 

23 Rico Highway Program shall not be subject to the require24 ments of sections 165(b)(2)(A) or 165(b)(2)(B) of such 

25 title: Provided further, That the funds made available 


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1 under this heading for the nationally significant Federal 

2 lands and tribal projects program under section 1123 of 

3 the FAST Act shall remain available through September 

4 30, 2023: Provided further, That the funds made available 

5 under this heading in paragraph (5) for the elimination 

6 of hazards and the installation of protective devices at rail7 way-highway crossings shall be available for projects eligi8 ble under section 22907(c) of title 49, United States Code, 

9 for commuter authorities, as defined in section 24102(2) 

10 of title 49, United States Code, that experienced at least 

11 one accident investigated by the National Transportation 

12 Safety Board between January 1, 2008 and December 31, 

13 2018: Provided further, That amounts provided under this 

14 heading in paragraphs (5), (6), (7), (8), and (9) shall re15 main available until expended: Provided further, That 

16 funds made available under this heading for Advanced 

17 Digital Construction Management Systems shall be for 

18 competitive grants to State and local governments to de19 velop and expand the capacity to use and deploy Advanced 

20 Digital Construction Management Systems and the min21 imum grant amount shall be $500,000. 

22 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

23 ADMINISTRATION

24 SEC. 120. (a) For fiscal year 2020, the Secretary of 

25 Transportation shall— 


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1 (1) not distribute from the obligation limitation 

2 for Federal-aid highways— 

3 (A) amounts authorized for administrative 

4 expenses and programs by section 104(a) of 

5 title 23, United States Code; and 

6 (B) amounts authorized for the Bureau of 

7 Transportation Statistics; 

8 (2) not distribute an amount from the obliga9 tion limitation for Federal-aid highways that is equal 

10 to the unobligated balance of amounts— 

11 (A) made available from the Highway 

12 Trust Fund (other than the Mass Transit Ac13 count) for Federal-aid highway and highway 

14 safety construction programs for previous fiscal 

15 years the funds for which are allocated by the 

16 Secretary (or apportioned by the Secretary 

17 under sections 202 or 204 of title 23, United 

18 States Code); and 

19 (B) for which obligation limitation was 

20 provided in a previous fiscal year; 

21 (3) determine the proportion that— 

22 (A) the obligation limitation for Federal23 aid highways, less the aggregate of amounts not 

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

25 this subsection; bears to 


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

2 appropriated for the Federal-aid highway and 

3 highway safety construction programs (other 

4 than sums authorized to be appropriated for 

5 provisions of law described in paragraphs (1) 

6 through (11) of subsection (b) and sums au7 thorized to be appropriated for section 119 of 

8 title 23, United States Code, equal to the 

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

10 such fiscal year), less the aggregate of the 

11 amounts not distributed under paragraphs (1) 

12 and (2) of this subsection; 

13 (4) distribute the obligation limitation for Fed14 eral-aid highways, less the aggregate amounts not 

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

16 of the programs (other than programs to which 

17 paragraph (1) applies) that are allocated by the Sec18 retary under the Fixing America’s Surface Trans19 portation Act and title 23, United States Code, or 

20 apportioned by the Secretary under sections 202 or 

21 204 of that title, by multiplying— 

22 (A) the proportion determined under para23 graph (3); by 


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1 (B) the amounts authorized to be appro2 priated for each such program for such fiscal 

3 year; and 

4 (5) distribute the obligation limitation for Fed5 eral-aid highways, less the aggregate amounts not 

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

7 amounts distributed under paragraph (4), for Fed8 eral-aid highway and highway safety construction 

9 programs that are apportioned by the Secretary 

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

11 amounts apportioned for the National Highway Per12 formance Program in section 119 of title 23, United 

13 States Code, that are exempt from the limitation 

14 under subsection (b)(12) and the amounts appor15 tioned under sections 202 and 204 of that title) in 

16 the proportion that— 

17 (A) amounts authorized to be appropriated 

18 for the programs that are apportioned under 

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

20 such fiscal year; bears to 

21 (B) the total of the amounts authorized to 

22 be appropriated for the programs that are ap23 portioned under title 23, United States Code, to 

24 all States for such fiscal year. 


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1 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

2 The obligation limitation for Federal-aid highways shall 

3 not apply to obligations under or for— 

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

5 (2) section 147 of the Surface Transportation 

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

7 Stat. 2714); 

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

9 of 1981 (95 Stat. 1701); 

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

11 Surface Transportation Assistance Act of 1982 (96 

12 Stat. 2119); 

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

14 Surface Transportation and Uniform Relocation As15 sistance Act of 1987 (101 Stat. 198); 

16 (6) sections 1103 through 1108 of the Inter17 modal Surface Transportation Efficiency Act of 

18 1991 (105 Stat. 2027); 

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

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

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

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

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

24 of those fiscal years); 


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1 (9) Federal-aid highway programs for which ob2 ligation authority was made available under the 

3 Transportation Equity Act for the 21st Century 

4 (112 Stat. 107) or subsequent Acts for multiple 

5 years or to remain available until expended, but only 

6 to the extent that the obligation authority has not 

7 lapsed or been used; 

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

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

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

11 of those fiscal years); 

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

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

14 funds obligated in accordance with that section were 

15 not subject to a limitation on obligations at the time 

16 at which the funds were initially made available for 

17 obligation; and 

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

19 (but, for each of fiscal years 2013 through 2020, 

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

21 (c) REDISTRIBUTION OF UNUSED OBLIGATION AU22 THORITY.—Notwithstanding subsection (a), the Secretary 

23 shall, after August 1 of such fiscal year— 

24 (1) revise a distribution of the obligation limita25 tion made available under subsection (a) if an 


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1 amount distributed cannot be obligated during that 

2 fiscal year; and 

3 (2) redistribute sufficient amounts to those 

4 States able to obligate amounts in addition to those 

5 previously distributed during that fiscal year, giving 

6 priority to those States having large unobligated bal7 ances of funds apportioned under sections 144 (as in 

8 effect on the day before the date of enactment of 

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

10 States Code. 

11 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

12 TRANSPORTATION RESEARCH PROGRAMS.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), the obligation limitation for Federal-aid 

15 highways shall apply to contract authority for trans16 portation research programs carried out under— 

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

18 Code; and 

19 (B) title VI of the Fixing America’s Sur20 face Transportation Act. 

21 (2) EXCEPTION.—Obligation authority made 

22 available under paragraph (1) shall— 

23 (A) remain available for a period of 4 fis24 cal years; and 


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

2 limitation imposed on obligations for Federal3 aid highway and highway safety construction 

4 programs for future fiscal years. 

5 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

6 FUNDS.— 

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

8 the date of distribution of obligation limitation 

9 under subsection (a), the Secretary shall distribute 

10 to the States any funds (excluding funds authorized 

11 for the program under section 202 of title 23, 

12 United States Code) that— 

13 (A) are authorized to be appropriated for 

14 such fiscal year for Federal-aid highway pro15 grams; and 

16 (B) the Secretary determines will not be 

17 allocated to the States (or will not be appor18 tioned to the States under section 204 of title 

19 23, United States Code), and will not be avail20 able for obligation, for such fiscal year because 

21 of the imposition of any obligation limitation for 

22 such fiscal year. 

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

24 paragraph (1) in the same proportion as the disVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 tribution of obligation authority under subsection 

2 (a)(5). 

3 (3) AVAILABILITY.—Funds distributed to each 

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

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

6 United States Code. 

7 SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re8 ceived by the Bureau of Transportation Statistics from the 

9 sale of data products, for necessary expenses incurred pur10 suant to chapter 63 of title 49, United States Code, may 

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

12 purpose of reimbursing the Bureau for such expenses: 

13 Provided, That such funds shall be subject to the obliga14 tion limitation for Federal-aid highway and highway safety 

15 construction programs. 

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

17 under his or her statutory authority, any Buy America re18 quirement for Federal-aid highways projects, the Sec19 retary of Transportation shall make an informal public no20 tice and comment opportunity on the intent to issue such 

21 waiver and the reasons therefor: Provided, That the Sec22 retary shall provide an annual report to the House and 

23 Senate Committees on Appropriations on any waivers 

24 granted under the Buy America requirements. 


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

2 the Department of Transportation may be used to provide 

3 credit assistance unless not less than 3 days before any 

4 application approval to provide credit assistance under 

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

6 Secretary of Transportation provides notification in writ7 ing to the following committees: the House and Senate 

8 Committees on Appropriations; the Committee on Envi9 ronment and Public Works and the Committee on Bank10 ing, Housing and Urban Affairs of the Senate; and the 

11 Committee on Transportation and Infrastructure of the 

12 House of Representatives: Provided, That such notifica13 tion shall include, but not be limited to, the name of the 

14 project sponsor; a description of the project; whether cred15 it assistance will be provided as a direct loan, loan guar16 antee, or line of credit; and the amount of credit assist17 ance. 

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

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

20 23, United States Code, unless the Secretary, at least 60 

21 days before making a grant under that section, provides 

22 written notification to the House and Senate Committees 

23 on Appropriations of the proposed grant, including an 

24 evaluation and justification for the project and the amount 

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


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1 notification required in the previous proviso shall be made 

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

3 SEC. 125. (a) A State or territory, as defined in sec4 tion 165 of title 23, United States Code, may use for any 

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

6 165 of title 23 and located within the boundary of the 

7 State or territory any earmarked amount, and any associ8 ated obligation limitation: Provided, That the Department 

9 of Transportation for the State or territory for which the 

10 earmarked amount was originally designated or directed 

11 notifies the Secretary of Transportation of its intent to 

12 use its authority under this section and submits a quar13 terly report to the Secretary identifying the projects to 

14 which the funding would be applied. Notwithstanding the 

15 original period of availability of funds to be obligated 

16 under this section, such funds and associated obligation 

17 limitation shall remain available for obligation for a period 

18 of 3 fiscal years after the fiscal year in which the Sec19 retary of Transportation is notified. The Federal share of 

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

21 under this section shall be the same as associated with 

22 the earmark. 

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

24 means— 


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1 (1) congressionally directed spending, as de2 fined in rule XLIV of the Standing Rules of the 

3 Senate, identified in a prior law, report, or joint ex4 planatory statement, which was authorized to be ap5 propriated or appropriated more than 10 fiscal years 

6 prior to the current fiscal year, and administered by 

7 the Federal Highway Administration; or 

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

9 XXI of the Rules of the House of Representatives, 

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

11 statement, which was authorized to be appropriated 

12 or appropriated more than 10 fiscal years prior to 

13 the current fiscal year, and administered by the Fed14 eral Highway Administration. 

15 (c) The authority under subsection (a) may be exer16 cised only for those projects or activities that have obli17 gated less than 10 percent of the amount made available 

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

19 and shall be applied to projects within the same general 

20 geographic area within 5 miles for which the funding was 

21 designated, except that a State or territory may apply 

22 such authority to unexpended balances of funds from 

23 projects or activities the State or territory certifies have 

24 been closed and for which payments have been made under 

25 a final voucher. 


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1 (d) The Secretary shall submit consolidated reports 

2 of the information provided by the States and territories 

3 each quarter to the House and Senate Committees on Ap4 propriations. 

5 SEC. 126. The following are repealed: 

6 (1) Section 352 of the National Highway Sys7 tem Designation Act of 1995 (Public Law 104–59, 

8 109 Stat. 568). 

9 (2) Section 324 of the Department of Trans10 portation and Related Agencies Appropriations Act, 

11 1986 (Public Law 99–190; 99 Stat. 1288). 

12 (3) Section 325 of the Department of Trans13 portation and Related Agencies Appropriations Act, 

14 1996 (Public Law 104–50; 109 Stat. 456). 

15 Notwithstanding any other provision of law, tolls collected 

16 for motor vehicles on any bridge connecting the boroughs 

17 of Brooklyn, New York, and Staten Island, New York, 

18 shall be collected for any such vehicles exiting from such 

19 bridge in both Staten Island and Brooklyn. 

20 SEC. 127. Section 125(d) of title 23, United States 

21 Code, is amended by striking paragraph (4). 

22 SEC. 128. Until final guidance is published, the Ad23 ministrator of the Federal Highway Administration shall 

24 make determinations on Buy America waivers for those 

25 waivers that were submitted before April 17, 2018, as if 


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1 the notice of proposed rulemaking of that date was not 

2 in effect. 

3 SEC. 129. Section 1948 of SAFETEA-LU (Public 

4 Law 109–59; 119 Stat. 1514) is repealed. 

5 SEC. 129A. Section 119(e)(5) of title 23, United 

6 States Code, is amended to read as follows: 

7 ‘‘(5) REQUIREMENT FOR PLAN.— 

8 ‘‘(A) IN GENERAL.—Notwithstanding sec9 tion 120, beginning on October 1, 2019, and 

10 each fiscal year thereafter, if the Secretary de11 termines that a State has not developed and im12 plemented a State asset management plan con13 sistent with this section, the Federal share pay14 able on account of any project or activity for 

15 which funds are obligated by the State in that 

16 fiscal year under this section shall be 65 per17 cent. 

18 ‘‘(B) DETERMINATION.—The Secretary 

19 shall make the determination under subpara20 graph (A) not later than the day before the be21 ginning of each fiscal year.’’. 


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1 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

2 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

3 (LIQUIDATION OF CONTRACT AUTHORIZATION)

4 (LIMITATION ON OBLIGATIONS)

5 (HIGHWAY TRUST FUND)

6 For payment of obligations incurred in the implemen7 tation, execution and administration of motor carrier safe8 ty operations and programs pursuant to section 31110 of 

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

10 America’s Surface Transportation Act, $288,000,000, to 

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

12 Mass Transit Account), together with advances and reim13 bursements received by the Federal Motor Carrier Safety 

14 Administration, the sum of which shall remain available 

15 until expended: Provided, That funds available for imple16 mentation, execution, or administration of motor carrier 

17 safety operations and programs authorized under title 49, 

18 United States Code, shall not exceed total obligations of 

19 $288,000,000 for ‘‘Motor Carrier Safety Operations and 

20 Programs’’ for fiscal year 2020, of which $9,073,000 to 

21 remain available for obligation until September 30, 2022, 

22 is for the research and technology program. 


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1 MOTOR CARRIER SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 (INCLUDING TRANSFER OF FUNDS)

6 For payment of obligations incurred in carrying out 

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

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

9 Surface Transportation Act, $388,800,000, to be derived 

10 from the Highway Trust Fund (other than the Mass Tran11 sit Account) and to remain available until expended: Pro12 vided, That funds available for the implementation or exe13 cution of motor carrier safety programs shall not exceed 

14 total obligations of $388,800,000 in fiscal year 2020 for 

15 ‘‘Motor Carrier Safety Grants’’: Provided further, That of 

16 the sums appropriated under this heading: 

17 (1) $308,700,000 shall be available for the 

18 motor carrier safety assistance program; 

19 (2) $33,200,000 shall be available for the com20 mercial driver’s license program implementation pro21 gram; 

22 (3) $44,900,000 shall be available for the high 

23 priority activities program; and 

24 (4) $2,000,000 shall be made available for com25 mercial motor vehicle operators grants, of which 


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1 $1,000,000 is to be made available from prior year 

2 unobligated contract authority provided for Motor 

3 Carrier Safety grants in the Transportation Equity 

4 Act for the 21st Century (Public Law 105–178), 

5 SAFETEA–LU (Public Law 109–59), or other ap6 propriations or authorization Acts. 

7 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

8 CARRIER SAFETY ADMINISTRATION

9 SEC. 130. The Federal Motor Carrier Safety Admin10 istration shall send notice of 49 C.F.R. section 385.308 

11 violations by certified mail, registered mail, or another 

12 manner of delivery, which records the receipt of the notice 

13 by the persons responsible for the violations. 

14 SEC. 131. None of the funds appropriated or other15 wise made available to the Department of Transportation 

16 by this Act or any other Act may be obligated or expended 

17 to implement, administer, or enforce the requirements of 

18 section 31137 of title 49, United States Code, or any regu19 lation issued by the Secretary pursuant to such section, 

20 with respect to the use of electronic logging devices by op21 erators of commercial motor vehicles, as defined in section 

22 31132(1) of such title, transporting livestock as defined 

23 in section 602 of the Emergency Livestock Feed Assist24 ance Act of 1988 (7 U.S.C. 1471) or insects. 


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1 SEC. 132. The Federal Motor Carrier Safety Admin2 istration shall update annual inspection regulations under 

3 Appendix G to subchapter B of chapter III of title 49, 

4 Code of Federal Regulations, to require that rear 

5 underride guards be inspected annually. 

6 SEC. 133. No funds made available by this or any 

7 other Act may be obligated or expended under the author8 ity in 49 U.S.C. 31141(c) to review and issue a decision 

9 on a petition to preempt State meal and rest break laws 

10 that may differ from those in 49 C.F.R. 395. 

11 SEC. 134. Notwithstanding any restriction under part 

12 II of subtitle B of title V of the FAST Act, not later than 

13 6 months after enactment of this Act, the Administrator 

14 of the Federal Motor Carrier Safety Administration shall 

15 make available on a public website information regarding 

16 analysis of violations developed under the agency’s Com17 pliance, Safety, Accountability program, consistent with 

18 the data that the agency made publicly available imme19 diately before December 4, 2015. 

20 SEC. 135. None of the funds made available in this 

21 Act may be used to promulgate or enforce a rule that 

22 eliminates the 30 minute rest break specified in part 395 

23 of title 49, Code of Federal Regulations, as it was in oper24 ational effect on May 15, 2019. 


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1 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

2 OPERATIONS AND RESEARCH

3 For expenses necessary to discharge the functions of 

4 the Secretary, with respect to traffic and highway safety 

5 authorized under chapter 301 and part C of subtitle VI 

6 of title 49, United States Code, $214,073,440, to remain 

7 available until September 30, 2021, except that 

8 $40,000,000 shall remain available through September 

9 30, 2022, and no less than $18,500,000 shall be for re10 search on Automated Driving Systems, Advanced Driver 

11 Assistance Systems, and vehicle electronics and cybersecu12 rity. 

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, including behavioral re19 search on Automated Driving Systems and Advanced 

20 Driver Assistance Systems and improving consumer re21 sponses to safety recalls, section 4011 of the Fixing Amer22 ica’s Surface Transportation Act (Public Law 114–94), 

23 and chapter 303 of title 49, United States Code, 

24 $155,300,000, to be derived from the Highway Trust 

25 Fund (other than the Mass Transit Account) and to reVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 main available until expended: Provided, That none of the 

2 funds in this Act shall be available for the planning or 

3 execution of programs the total obligations for which, in 

4 fiscal year 2020, are in excess of $155,300,000: Provided 

5 further, That of the sums appropriated under this heading: 

6 (1) $149,800,000 shall be for programs author7 ized under 23 U.S.C. 403, including behavioral re8 search on Automated Driving Systems and Ad9 vanced Driver Assistance Systems and improving 

10 consumer responses to safety recalls, and section 

11 4011 of the Fixing America’s Surface Transpor12 tation Act (Public Law 114–94); and 

13 (2) $5,500,000 shall be for the National Driver 

14 Register authorized under chapter 303 of title 49, 

15 United States Code: 

16 Provided further, That within the $155,300,000 obligation 

17 limitation for operations and research, $20,000,000 shall 

18 remain available until September 30, 2021, and shall be 

19 in addition to the amount of any limitation imposed on 

20 obligations for future years. 


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1 HIGHWAY TRAFFIC SAFETY GRANTS

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

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

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

9 $623,017,000, to be derived from the Highway Trust 

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

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

12 the planning or execution of programs for which the total 

13 obligations in fiscal year 2020 are in excess of 

14 $623,017,000 for programs authorized under 23 U.S.C. 

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

16 America’s Surface Transportation Act: Provided further, 

17 That of the sums appropriated under this heading: 

18 (1) $279,800,000 shall be for ‘‘Highway Safety 

19 Programs’’ under 23 U.S.C. 402; 

20 (2) $285,900,000 shall be for ‘‘National Pri21 ority Safety Programs’’ under 23 U.S.C. 405; 

22 (3) $30,500,000 shall be for the ‘‘High Visi23 bility Enforcement Program’’ under 23 U.S.C. 404; 

24 and 


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1 (4) $26,817,000 shall be for ‘‘Administrative 

2 Expenses’’ under section 4001(a)(6) of the Fixing 

3 America’s Surface Transportation Act: 

4 Provided further, That none of these funds shall be used 

5 for construction, rehabilitation, or remodeling costs, or for 

6 office furnishings and fixtures for State, local or private 

7 buildings or structures: Provided further, That not to ex8 ceed $500,000 of the funds made available for ‘‘National 

9 Priority Safety Programs’’ under 23 U.S.C. 405 for ‘‘Im10 paired Driving Countermeasures’’ (as described in sub11 section (d) of that section) shall be available for technical 

12 assistance to the States: Provided further, That with re13 spect to the ‘‘Transfers’’ provision under 23 U.S.C. 

14 405(a)(8), any amounts transferred to increase the 

15 amounts made available under section 402 shall include 

16 the obligation authority for such amounts: Provided fur17 ther, That the Administrator shall notify the House and 

18 Senate Committees on Appropriations of any exercise of 

19 the authority granted under the previous proviso or under 

20 23 U.S.C. 405(a)(8) within 5 days. 

21 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

22 TRAFFIC SAFETY ADMINISTRATION

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

24 available to the National Highway Traffic Safety Adminis25 tration, out of the amount limited for section 402 of title 


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1 23, United States Code, to pay for travel and related ex2 penses for State management reviews and to pay for core 

3 competency development training and related expenses for 

4 highway safety staff. 

5 SEC. 141. The limitations on obligations for the pro6 grams of the National Highway Traffic Safety Adminis7 tration set in this Act shall not apply to obligations for 

8 which obligation authority was made available in previous 

9 public laws but only to the extent that the obligation au10 thority has not lapsed or been used. 

11 SEC. 142. None of the funds made available by this 

12 Act may be used to mandate global positioning system 

13 (GPS) tracking in private passenger motor vehicles with14 out providing full and appropriate consideration of privacy 

15 concerns under 5 U.S.C. chapter 5, subchapter II. 

16 SEC. 143. 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 $17,000,000, to remain available until September 30, 

22 2021, shall be made available to the National Highway 

23 Traffic Safety Administration from the general fund: Pro24 vided, That of the sums provided under this provision— 


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1 (a) not to exceed $7,000,000 shall be available to pro2 vide funding for grants, pilot program activities, and inno3 vative solutions to reduce impaired-driving fatalities in col4 laboration with eligible entities under section 403 of title 

5 23, United States Code; and 

6 (b) not to exceed $10,000,000 shall be available to 

7 continue a high visibility enforcement paid-media cam8 paign regarding highway-rail grade crossing safety in col9 laboration with the Federal Railroad Administration. 

10 SEC. 144. An additional $500,000 shall be made 

11 available to the National Highway Traffic Safety Adminis12 tration for a study to identify and examine child-specific 

13 safety considerations in vehicles equipped with Automated 

14 Driving Systems, particularly those that can be operated 

15 bi-directionally and offer unconventional seating. The 

16 study should also incorporate safety considerations for 

17 child restraint system (CRS) installation and promoting 

18 CRS usage for ride-share programs, and the risks associ19 ated with unattended child passengers in Automated Driv20 ing Systems-equipped vehicles. Upon completion of this 

21 study, the National Highway Traffic Safety Administra22 tion shall submit to the House and Senate Committees 

23 on Appropriations a report containing its findings, includ24 ing detailing how the agency is coordinating with manuVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 facturers to ensure children are protected in vehicles 

2 equipped with Automated Driving Systems. 

3 SEC. 145. None of the funds appropriated or other4 wise made available in this Act or any other Act may be 

5 used to finalize or enforce a proposed rule published by 

6 the National Highway Traffic Safety Administration and 

7 the Environmental Protection Agency on August 2, 2018, 

8 entitled ‘‘The Safer Affordable Fuel-Efficient Vehicles 

9 Rule’’ or any other successor rule. 

10 SEC. 146. None of the funds in this Act or any other 

11 Act shall be used to enforce the requirements of 23 U.S.C. 

12 405(a)(9). 

13 FEDERAL RAILROAD ADMINISTRATION

14 SAFETY AND OPERATIONS

15 For necessary expenses of the Federal Railroad Ad16 ministration, not otherwise provided for, $226,698,000, of 

17 which $20,000,000 shall remain available until expended. 

18 RAILROAD RESEARCH AND DEVELOPMENT

19 For necessary expenses for railroad research and de20 velopment, $41,600,000, to remain available until ex21 pended. 

22 RAILROAD REHABILITATION AND IMPROVEMENT

23 FINANCING PROGRAM

24 The Secretary of Transportation is authorized to 

25 issue direct loans and loan guarantees pursuant to secVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 tions 501 through 504 of the Railroad Revitalization and 

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

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

4 direct loan or loan guarantee is outstanding. 

5 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

6 REPAIR

7 For necessary expenses related to Federal-State 

8 Partnership for State of Good Repair Grants as author9 ized by section 24911 of title 49, United States Code, 

10 $350,000,000, to remain available until expended: Pro11 vided, That the Secretary may withhold up to one percent 

12 of the amount provided under this heading for the costs 

13 of award and project management oversight of grants car14 ried out under section 24911 of title 49, United States 

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

16 Notice of Funding Opportunity for funds provided under 

17 this heading consistent with section 24911 of title 49, 

18 United States Code, no later than 30 days after enactment 

19 of this Act: Provided further, That the Secretary shall re20 view all applications received in response to the Notice of 

21 Funding Opportunity required in the previous proviso: 

22 Provided further, That the Secretary shall announce the 

23 selection of projects to receive awards for the funds de24 scribed in the previous two provisos no later than 180 days 

25 after enactment of this Act. 


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1 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

2 IMPROVEMENTS

3 For necessary expenses related to Consolidated Rail 

4 Infrastructure and Safety Improvements Grants, as au5 thorized by section 22907 of title 49, United States Code, 

6 $350,000,000, to remain available until expended: Pro7 vided, That of the sums appropriated under this head8 ing— 

9 (1) $40,000,000 shall be available for projects 

10 eligible under section 22907(c)(5) of title 49, United 

11 States Code, for projects for commuter authorities, 

12 as defined as section 24102(2) of title 49, United 

13 States Code, that experienced at least one accident 

14 investigated by the National Transportation Safety 

15 Board between January 1, 2008, and December 31, 

16 2018; and 

17 (2) $55,000,000 shall be available for projects 

18 eligible under section 22907(c)(2) of title 49, United 

19 States Code, that require the acquisition of rights20 of-way, track, or track structure to support the de21 velopment of new intercity passenger rail service 

22 routes: 

23 Provided further, That section 22905(f) of title 49, United 

24 States Code, shall not apply to projects for commuter au25 thorities in the first proviso: Provided further, That section 


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1 22905(f) of title 49, United States Code, shall not apply 

2 to projects for the implementation of positive train control 

3 systems otherwise eligible under section 22907(c)(1) of 

4 title 49, United States Code: Provided further, That 

5 amounts available under this heading for projects selected 

6 for commuter rail passenger transportation may be trans7 ferred by the Secretary, after selection, to the appropriate 

8 agencies to be administered in accordance with chapter 53 

9 of title 49, United States Code: Provided further, That for 

10 amounts available under this heading eligible recipients 

11 under section 22907(b) of title 49, United States Code, 

12 shall include any non-profit association representing Class 

13 II railroads and Class III railroads (as those terms are 

14 defined in section 20102 of title 49, United States Code) 

15 and any holding company of a Class II railroad or Class 

16 III railroad (as those terms are defined in section 20102 

17 of title 49, United States Code): Provided further, That 

18 the Secretary shall not limit eligible projects from consid19 eration for funding for planning, engineering, environ20 mental, construction, and design elements of the same 

21 project in the same application: Provided further, That un22 obligated balances remaining after 4 years from the date 

23 of enactment may be used for any eligible project under 

24 section 22907(c) of title 49, United States Code: Provided 

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1 cent of the amount provided under this heading for the 

2 costs of award and project management oversight of 

3 grants carried out under section 22907 of title 49, United 

4 States Code: Provided further, That the Secretary shall 

5 issue the Notice of Funding Opportunity for funds pro6 vided under this heading no later than 30 days after en7 actment of this Act: Provided further, That such Notice 

8 of Funding Opportunity shall require application submis9 sions 60 days after the publishing of such Notice: Provided 

10 further, That the Secretary shall announce the selection 

11 of projects to receive awards for the funds in the previous 

12 two provisos no later than 180 days after enactment of 

13 this Act. 

14 MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT

15 PROGRAM

16 For necessary expenses related to the deployment of 

17 magnetic levitation transportation projects, consistent 

18 with language in 1307(a) through (c) of Public Law 109– 

19 59, as amended by section 102 of Public Law 110–244 

20 (section 322 of title 23, United States Code), 

21 $10,000,000, to remain available until expended. 

22 NORTHEAST CORRIDOR GRANTS TO THE NATIONAL

23 RAILROAD PASSENGER CORPORATION

24 To enable the Secretary of Transportation to make 

25 grants to the National Railroad Passenger Corporation for 


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1 activities associated with the Northeast Corridor as au2 thorized by section 11101(a) of the Fixing America’s Sur3 face Transportation Act (division A of Public Law 114– 

4 94), $700,000,000, to remain available until expended: 

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

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

7 and the ‘‘National Network Grants to the National Rail8 road Passenger Corporation’’ heading to fund the costs 

9 of project management and oversight of activities author10 ized by section 11101(c) of division A of Public Law 114– 

11 94: Provided further, That in addition to the project man12 agement oversight funds authorized under section 

13 11101(c) of division A of Public Law 114–94, the Sec14 retary may retain up to an additional $5,000,000 of the 

15 funds provided under this heading to fund expenses associ16 ated with the Northeast Corridor Commission established 

17 under section 24905 of title 49, United States Code: Pro18 vided further, That of the amounts made available under 

19 this heading and the ‘‘National Network Grants to the Na20 tional Railroad Passenger Corporation’’ heading, not less 

21 than $50,000,000 shall be made available to bring Am22 trak-served facilities and stations into compliance with the 

23 Americans with Disabilities Act. 


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1 NATIONAL NETWORK GRANTS TO THE NATIONAL

2 RAILROAD PASSENGER CORPORATION

3 To enable the Secretary of Transportation to make 

4 grants to the National Railroad Passenger Corporation for 

5 activities associated with the National Network as author6 ized by section 11101(b) of the Fixing America’s Surface 

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

8 $1,291,600,000, to remain available until expended: Pro9 vided, That the Secretary may retain up to an additional 

10 $2,000,000 of the funds provided under this heading to 

11 fund expenses associated with the State-Supported Route 

12 Committee established under section 24712 of title 49, 

13 United States Code. 

14 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

15 ADMINISTRATION

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

17 Railroad Passenger Corporation may be used to fund any 

18 overtime costs in excess of $35,000 for any individual em19 ployee: Provided, That the President of Amtrak may waive 

20 the cap set in the previous proviso for specific employees 

21 when the President of Amtrak determines such a cap 

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

23 system: Provided further, That the President of Amtrak 

24 shall report to the House and Senate Committees on Ap25 propriations within 60 days of enactment of this Act, a 


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1 summary of all overtime payments incurred by the Cor2 poration for 2019 and the three prior calendar years: Pro3 vided further, That such summary shall include the total 

4 number of employees that received waivers and the total 

5 overtime payments the Corporation paid to those employ6 ees receiving waivers for each month for 2019 and for the 

7 three prior calendar years. 

8 SEC. 151. None of the funds provided to the National 

9 Railroad Passenger Corporation under the headings 

10 ‘‘Northeast Corridor Grants to the National Railroad Pas11 senger Corporation’’ and ‘‘National Network Grants to the 

12 National Railroad Passenger Corporation’’ may be used 

13 to reduce the size of the Amtrak Police Department below 

14 the staffing level on May 1, 2019. 

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, $117,000,000, of which 

20 $15,000,000 shall remain available until September 30, 

21 2021, and up to $1,000,000 shall be available to carry 

22 out the provisions of section 5326 of such title: Provided, 

23 That upon submission to the Congress of the fiscal year 

24 2021 President’s budget, the Secretary of Transportation 

25 shall transmit to Congress the annual report on Capital 


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1 Investment Grants, including proposed allocations for fis2 cal year 2021. 

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, $10,800,000,000, 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 $10,150,348,462 in fiscal year 2020: Provided further, 


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1 That the Federal share of the cost of activities carried 

2 out under 49 U.S.C. section 5312 shall not exceed 80 per3 cent, except that if there is substantial public interest or 

4 benefit, the Secretary may approve a greater Federal 

5 share: Provided further, That in addition to the amounts 

6 appropriated for purposes of 49 U.S.C 5338(e), not less 

7 than 2 percent of the funds appropriated or available for 

8 the purposes of 49 U.S.C 5338(f) shall be available for 

9 the purposes of 49 U.S.C. 5338(e). 

10 TRANSIT INFRASTRUCTURE GRANTS

11 For an additional amount for buses and bus facilities 

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

13 state of good repair grants under section 5337 of such 

14 title, the bus testing facilities under sections 5312 and 

15 5318 of such title, and for grants to areas of persistent 

16 poverty, $750,000,000, to remain available until ex17 pended: Provided, That of the sums provided under this 

18 heading: 

19 (1) $389,000,000 shall be available for the 

20 buses and bus facilities competitive grants as au21 thorized under section 5339(b) of such title: Pro22 vided further, That the minimum grant award shall 

23 be not less than $1,000,000; 

24 (2) $94,000,000 shall be available for the low 

25 or no emission grants as authorized under section 


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1 5339(c) of such title; Provided further, That the 

2 minimum grant award shall be not less than 

3 $1,500,000; 

4 (3) $250,000,000 shall be available for the 

5 state of good repair grants as authorized under sec6 tion 5337 of such title; 

7 (4) $1,000,000 shall be available for the bus 

8 testing facility as authorized under section 5318 of 

9 such title; 

10 (5) Notwithstanding section 5318(a) of such 

11 title, $6,000,000 shall be available for the operation 

12 and maintenance of bus testing facilities by institu13 tions of higher education selected pursuant to sec14 tion 5312(h); and 

15 (6) $10,000,000 shall be available for competi16 tive grants to eligible entities to assist areas of per17 sistent poverty: 

18 Provided further, That the Secretary shall enter into a 

19 contract or cooperative agreement with, or make a grant 

20 to, each institution of higher education selected pursuant 

21 to section 5312(h) of such title, to operate and maintain 

22 a facility to conduct the testing of low or no emission vehi23 cle new bus models using the standards established pursu24 ant to section 5318(e)(2) of such title: Provided further, 

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1 ing given the term in section 5312(e)(6) of such title: Pro2 vided further, That the Secretary shall pay 80 percent of 

3 the cost of testing a low or no emission vehicle new bus 

4 model at each selected institution of higher education: Pro5 vided further, That the entity having the vehicle tested 

6 shall pay 20 percent of the cost of testing: Provided fur7 ther, That a low or no emission vehicle new bus model 

8 tested that receives a passing aggregate test score in ac9 cordance with the standards established under section 

10 5318(e)(2) of such title, shall be deemed to be in compli11 ance with the requirements of section 5318(e) of such 

12 title: Provided further, That areas of persistent poverty 

13 means any county that has consistently had 20 percent 

14 or more of the population living in poverty over the 30 

15 years preceding the date of enactment of this Act, as 

16 measured by the 1990 and 2000 decennial census and the 

17 most recent Small Area Income and Poverty Estimates, 

18 or any census tract with a poverty rate of at least 20 per19 cent as measured by the 2013-2017 five-year data series 

20 available from the American Community Survey of the 

21 Census Bureau: Provided further, That grants shall be for 

22 planning, engineering, or development of technical, or fi23 nancing plans for projects eligible under chapter 53 of title 

24 49, United States Code: Provided further, That eligible en25 tities are those defined as eligible recipients or subrecipiVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 ents under sections 5307, 5310 or 5311 of title 49 United 

2 States Code, and are in areas of persistent poverty: Pro3 vided further, That the Federal Transit Administration 

4 should complete outreach to such counties and the Depart5 ments of Transportation within applicable States via per6 sonal contact, webinars, web materials and other appro7 priate methods determined by the Administrator: Provided 

8 further, That State departments of transportation may 

9 apply on behalf of eligible entities within their States: Pro10 vided further, That the Federal Transit Administration 

11 should encourage grantees to work with non-profits or 

12 other entities of their choosing in order to develop plan13 ning, technical, engineering, or financing plans: Provided 

14 further, That the Federal Transit Administration should 

15 encourage grantees to partner with non-profits that can 

16 assist with making projects low or no emissions: Provided 

17 further, That projects funded as a result of activities fund18 ed under this heading shall be for not less than 90 percent 

19 of the net total project cost: Provided further, That 

20 amounts made available by this heading shall be derived 

21 from the general fund: Provided further, That the amounts 

22 made available under this heading shall not be subject to 

23 any limitation on obligations for transit programs set forth 

24 in any Act. 


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1 TECHNICAL ASSISTANCE AND TRAINING

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

3 $5,000,000, to remain available until September 30, 2021, 

4 of which not less than $2,500,000 shall be for a coopera5 tive agreement through which the Federal Transit Admin6 istration assists transit recipients with frontline workforce 

7 development and standards based training in maintenance 

8 and operations through an agreement with a national non9 profit organization with a demonstrated capacity to de10 velop and provide such programs though labor manage11 ment partnerships and apprenticeships: Provided, That 

12 the assistance provided under this heading does not dupli13 cate the activities of 49 U.S.C. 5311(b) or 49 U.S.C. 

14 5312. 

15 CAPITAL INVESTMENT GRANTS

16 For necessary expenses to carry out fixed guideway 

17 capital investment grants under section 5309 of title 49, 

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

19 America’s Surface Transportation Act, $2,301,785,760, to 

20 remain available until September 30, 2024: Provided, 

21 That of the amounts made available under this heading, 

22 $1,841,428,608 shall be obligated by December 31, 2021, 

23 but shall remain available until September 30, 2024, as 

24 specified under this heading: Provided further, That of the 

25 amounts made available under this heading: 


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1 (1) $795,290,221 shall be available for fixed 

2 guideway projects that have executed full funding 

3 grant agreements, authorized under subsection (d) 

4 of section 5309; 

5 (2) $702,709,779 shall be available for new 

6 projects authorized under 5309(d) of title 49, 

7 United States Code; 

8 (3) $300,000,000 shall be available for projects 

9 authorized under section 5309(e) of title 49, United 

10 States Code; 

11 (4) $430,768,910 shall be available for projects 

12 authorized under section 5309(h) of title 49, United 

13 States Code; and 

14 (5) $50,000,000 shall be available for projects 

15 authorized under section 3005(b) of the Fixing 

16 America’s Surface Transportation Act: 

17 Provided further, That the Secretary shall continue to ad18 minister the capital investment grants program in accord19 ance with the procedural and substantive requirements of 

20 section 5309 of title 49, United States Code, and to ad21 minister the Expedited Delivery Pilot Program with the 

22 procedural and substantive requirements of section 

23 3005(b) of the Fixing America’s Surface Transportation 

24 Act: Provided further, That any funds remaining from the 

25 $1,841,428,608 that are required to be obligated by the 


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1 first proviso under this heading and that remain available 

2 on December 31, 2021 shall be reallocated to applicants 

3 with projects in Engineering on that date, as defined by 

4 49 U.S.C. 5309(d)(2) and (e)(2) for activities eligible 

5 under 49 U.S.C. 5309(b), and upon reallocation shall be 

6 available for immediate obligation: Provided further, That 

7 each applicant’s share of such funds shall be distributed 

8 to the projects in Engineering based on the individual 

9 project’s requested Capital Investment Grant amount as 

10 a percentage of the total Capital Investment Grant funds 

11 requested by the group of projects in Engineering under 

12 subsections (d)(2) and (e)(2) of 49 United States Code 

13 5309 on December 31, 2021: Provided further, That not 

14 later than 90 days after enactment of this Act, the Federal 

15 Transit Administration shall provide the House and Sen16 ate Committees on Appropriations a list of projects to 

17 which the agency expects to award a full-funding grant 

18 agreement in fiscal year 2020, and upon submission of the 

19 fiscal year 2021 budget, the Federal Transit Administra20 tion shall provide such information for 2021. 

21 GRANTS TO THE WASHINGTON METROPOLITAN AREA

22 TRANSIT AUTHORITY

23 For grants to the Washington Metropolitan Area 

24 Transit Authority as authorized under section 601 of divi25 sion B of Public Law 110–432, $150,000,000, to remain 


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1 available until expended: Provided, That the Secretary of 

2 Transportation shall approve grants for capital and pre3 ventive maintenance expenditures for the Washington 

4 Metropolitan Area Transit Authority only after receiving 

5 and reviewing a request for each specific project: Provided 

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

7 shall certify that the Washington Metropolitan Area Tran8 sit Authority is making progress to improve its safety 

9 management system in response to the Federal Transit 

10 Administration’s 2015 safety management inspection: 

11 Provided further, That the Secretary shall determine that 

12 the Washington Metropolitan Area Transit Authority has 

13 placed the highest priority on those investments that will 

14 improve the safety of the system before approving such 

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

16 ensure safety throughout the rail system, may waive the 

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

18 Law 110–432. 

19 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

20 ADMINISTRATION

21 SEC. 160. The limitations on obligations for the pro22 grams of the Federal Transit Administration shall not 

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

24 made available for obligation, or to any other authority 

25 previously made available for obligation. 


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1 SEC. 161. Notwithstanding any other provision of 

2 law, funds appropriated or limited by this Act under the 

3 heading ‘‘Fixed Guideway Capital Investment’’ of the Fed4 eral Transit Administration for projects specified in this 

5 Act or identified in reports accompanying this Act not ob6 ligated by September 30, 2024, and other recoveries, shall 

7 be directed to projects eligible to use the funds for the 

8 purposes for which they were originally provided. 

9 SEC. 162. Notwithstanding any other provision of 

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

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

12 that remain available for expenditure, may be transferred 

13 to and administered under the most recent appropriation 

14 heading for any such section. 

15 SEC. 163. In the first proviso under the title ‘‘Capital 

16 Investment Grants’’ in the Consolidated Appropriations 

17 Act of 2018, Public Law 115-141, strike, ‘‘December 31, 

18 2019’’ and insert, ‘‘September 30, 2020’’. 

19 SEC. 164. No funds in this or any other Act shall 

20 be used: 

21 (a) to adjust apportionments or withhold funds from 

22 apportionments pursuant to 26 U.S.C. 9503(e)(4); 

23 (b) to request or require any project to have a max24 imum Capital Investment Grant contribution lower than 

25 50 percent of the total project cost; 


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1 (c) to determine a maximum Capital Investment 

2 Grant contribution for projects defined under 49 U.S.C. 

3 5309(a)(2) or 49 U.S.C. 5309 (a)(5) until at least 180 

4 days after a project has entered into the Engineering 

5 phase; and 

6 (d) by the Federal Transit Administration when mak7 ing a determination about whether a project sponsor’s cost 

8 estimate is reasonable, to require a probability higher than 

9 50 percent that a project can be completed within that 

10 cost estimate: Provided, That this proviso only applies to 

11 those applications that are in the ‘‘project development’’ 

12 phase as defined under subsections (d)(1), (e)(1), or 

13 (h)(2) of 49 U.S.C. 5309, or the ‘‘Engineering’’ phase as 

14 defined under subsections (d)(2) or (e)(2) of 49 U.S.C. 

15 5309 on the date of enactment of this Act. 

16 SEC. 165. An eligible recipient of a grant under 

17 5339(c) may submit an application in partnership with 

18 other entities, including a transit vehicle manufacturer, 

19 that intend to participate in the implementation of a 

20 project under 5339(c) of title 49, United States Code and 

21 a project awarded with such partnership shall be treated 

22 as satisfying the requirement for a competitive procure23 ment under Section 5325(a) of title 49, United States 

24 Code, for the named entity. 


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1 SAINT LAWRENCE SEAWAY DEVELOPMENT

2 CORPORATION

3 The Saint Lawrence Seaway Development Corpora4 tion is hereby authorized to make such expenditures, with5 in the limits of funds and borrowing authority available 

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

7 such contracts and commitments without regard to fiscal 

8 year limitations, as provided by section 104 of the Govern9 ment Corporation Control Act, as amended, as may be 

10 necessary in carrying out the programs set forth in the 

11 Corporation’s budget for the current fiscal year. 

12 OPERATIONS AND MAINTENANCE

13 (HARBOR MAINTENANCE TRUST FUND)

14 For necessary expenses to conduct the operations, 

15 maintenance, and capital asset renewal activities on those 

16 portions of the Saint Lawrence Seaway owned, operated, 

17 and maintained by the Saint Lawrence Seaway Develop18 ment Corporation, $40,000,000, to be derived from the 

19 Harbor Maintenance Trust Fund, pursuant to Public Law 

20 99–662: Provided, That of the amounts made available 

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

22 used on capital asset renewal activities. 


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1 MARITIME ADMINISTRATION

2 MARITIME SECURITY PROGRAM

3 For necessary expenses to maintain and preserve a 

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

5 needs of the United States, $300,000,000, to remain avail6 able until expended. 

7 OPERATIONS AND TRAINING

8 (INCLUDING TRANSFER OF FUNDS)

9 For necessary expenses of operations and training ac10 tivities authorized by law, $154,442,000: Provided, That 

11 of the sums appropriated under this heading — 

12 (1) $77,944,000 shall remain available until 

13 September 30, 2021 for the operations of the United 

14 States Merchant Marine Academy; 

15 (2) $5,225,000 shall remain available until ex16 pended for the maintenance and repair, equipment, 

17 and capital improvements at the United States Mer18 chant Marine Academy; 

19 (3) $3,000,000 shall remain available until Sep20 tember 30, 2021 for the Maritime Environment and 

21 Technology Assistance program authorized under 

22 section 50307 of title 46, United States Code; and 

23 (4) $15,000,000, shall remain available until 

24 expended for the Short Sea Transportation Program 

25 (America’s Marine Highways) to make grants for 


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1 the purposes authorized under sections 55601(b)(1) 

2 and (3) of title 46, United States Code: 

3 Provided further, That not later than 120 days after enact4 ment of this Act, the Administrator of the Maritime Ad5 ministration shall transmit to the House and Senate Com6 mittees on Appropriations the annual report on sexual as7 sault and sexual harassment at the United States Mer8 chant Marine Academy as required pursuant to section 

9 3507 of Public Law 110–417: Provided further, That 

10 available balances under this heading for the Short Sea 

11 Transportation Program (America’s Marine Highways) 

12 from prior year recoveries shall be available to carry out 

13 activities authorized under sections 55601(b)(1) and (3) 

14 of title 46, United States Code: Provided further, That 

15 from funds provided under (3) and (4) of the first proviso, 

16 the Secretary of Transportation shall make grants no later 

17 than 180 days after enactment of this Act in such 

18 amounts as the Secretary determines: Provided further, 

19 That any unobligated balances available from previous ap20 propriations for programs and activities supporting State 

21 Maritime Academies shall be transferred to and merged 

22 with the appropriations for ‘‘Maritime Administration, 

23 State Maritime Academy Operations’’ and shall be made 

24 available for the same purposes. 


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1 STATE MARITIME ACADEMY OPERATIONS

2 For necessary expenses of operations, support and 

3 training activities for State Maritime Academies, 

4 $345,200,000: Provided, That of the sums appropriated 

5 under this heading — 

6 (1) $33,000,000, to remain available until ex7 pended, shall be for maintenance, repair, life exten8 sion, and capacity improvement of National Defense 

9 Reserve Fleet training ships in support of State 

10 Maritime Academies, of which up to $8,060,000, to 

11 remain available until expended, shall be for ex12 penses related to training mariners for costs associ13 ated with training vessel sharing pursuant to 46 

14 U.S.C. 51504(g)(3) for costs associated with mobi15 lizing, operating and demobilizing the vessel, includ16 ing travel costs for students, faculty and crew, the 

17 costs of the general agent, crew costs, fuel, insur18 ance, operational fees, and vessel hire costs, as de19 termined by the Secretary; 

20 (2) $300,000,000, to remain available until ex21 pended, shall be for the National Security Multi-Mis22 sion Vessel Program, including funds for construc23 tion, planning, administration, and design of school 

24 ships; 


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1 (3) $2,400,000 shall remain available through 

2 September 30, 2021, for the Student Incentive Pro3 gram; 

4 (4) $3,800,000 shall remain available until ex5 pended for training ship fuel assistance; and 

6 (5) $6,000,000 shall remain available until Sep7 tember 30, 2021, for direct payments for State Mar8 itime Academies. 

9 ASSISTANCE TO SMALL SHIPYARDS

10 To make grants to qualified shipyards as authorized 

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

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

13 available until expended. 

14 SHIP DISPOSAL

15 For necessary expenses related to the disposal of ob16 solete vessels in the National Defense Reserve Fleet of the 

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

18 until expended. 

19 MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM

20 ACCOUNT

21 (INCLUDING TRANSFER OF FUNDS)

22 For administrative expenses to carry out the guaran23 teed loan program, $3,000,000, which shall be transferred 

24 to and merged with the appropriations for ‘‘Operations 

25 and Training’’, Maritime Administration. 


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1 PORT INFRASTRUCTURE DEVELOPMENT PROGRAM

2 To make grants to improve port facilities as author3 ized under section 50302 of title 46, United States Code, 

4 $225,000,000 to remain available until expended: Pro5 vided, That projects eligible for funding provided under 

6 this heading shall be projects for coastal seaports or Great 

7 Lakes ports: Provided further, That the Maritime Admin8 istration shall distribute funds provided under this head9 ing as discretionary grants to port authorities or commis10 sions or their subdivisions and agents under existing au11 thority, as well as to a State or political subdivision of 

12 a State or local government, a tribal government, a public 

13 agency or publicly chartered authority established by one 

14 or more States, a special purpose district with a transpor15 tation function, a multistate or multijurisdictional group 

16 of entities, or a lead entity described above jointly with 

17 a private entity or group of private entities: Provided fur18 ther, That projects eligible for funding provided under this 

19 heading shall be either within the boundary of a port, or 

20 outside the boundary of a port, and directly related to port 

21 operations or to an intermodal connection to a port that 

22 will improve the safety, efficiency, or reliability of the 

23 movement of goods into, out of, around, or within a port, 

24 as well as the unloading and loading of cargo at a port: 

25 Provided further, That the Federal share of the costs for 


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1 which an expenditure is made under this heading shall be 

2 up to 80 percent: Provided further, That not to exceed 2 

3 percent of the funds appropriated under this heading shall 

4 be available for necessary costs of grant administration: 

5 Provided further, That the proceeds of Federal credit as6 sistance under chapter 6 of title 23, United States Code 

7 or sections 501 through 504 of the Railroad and Revital8 ization and Regulatory Reform Act of 1976 (Public Law 

9 94–210), as amended, shall be considered to be part of 

10 the non-Federal share of project costs if the loan is repay11 able from non-Federal funds, unless otherwise requested 

12 by the project sponsor: Provided further, That a grant 

13 award made under this heading may not be used to pur14 chase fully-automated cargo handling equipment or to oth15 erwise facilitate fully-automated cargo handling: Provided 

16 further, That for the purposes of the previous proviso, 

17 fully-automated cargo handling means using equipment 

18 that is remotely operated or remotely monitored with or 

19 without the exercise of human intervention or control. 

20 ADMINISTRATIVE PROVISIONS—MARITIME

21 ADMINISTRATION

22 SEC. 170. Notwithstanding any other provision of 

23 this Act, in addition to any existing authority, the Mari24 time Administration is authorized to furnish utilities and 

25 services and make necessary repairs in connection with 


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1 any lease, contract, or occupancy involving Government 

2 property under control of the Maritime Administration: 

3 Provided, That payments received therefor shall be cred4 ited to the appropriation charged with the cost thereof and 

5 shall remain available until expended: Provided further, 

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

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

8 repairs shall be covered into the Treasury as miscellaneous 

9 receipts. 

10 PIPELINE AND HAZARDOUS MATERIALS SAFETY

11 ADMINISTRATION

12 OPERATIONAL EXPENSES

13 For necessary operational expenses of the Pipeline 

14 and Hazardous Materials Safety Administration, 

15 $23,710,000, of which $1,500,000 shall remain available 

16 until September 30, 2022: Provided, That the Secretary 

17 of Transportation shall issue final rules as required under 

18 section 5(f), section 21(c), and section 23(a) of the Pipe19 line Safety, Regulatory Certainty, and Job Creation Act 

20 of 2011 (Public Law 112–90) no later than 180 days after 

21 enactment of this Act: Provided further, That no later 

22 than 90 days after enactment of this Act, the Secretary 

23 of Transportation shall initiate a rulemaking on automatic 

24 and remote-controlled shut-off valves and hazardous liquid 

25 pipeline facilities leak detection systems as required under 


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1 section 4 and section 8 of the Pipeline Safety, Regulatory 

2 Certainty, and Job Creation Act of 2011 (Public Law 

3 112–90), respectively, and shall issue a final rule no later 

4 than one year after enactment of this Act. 

5 HAZARDOUS MATERIALS SAFETY

6 For expenses necessary to discharge the hazardous 

7 materials safety functions of the Pipeline and Hazardous 

8 Materials Safety Administration, $61,000,000, to remain 

9 available until September 30, 2022: Provided, That up to 

10 $800,000 in fees collected under 49 U.S.C. 5108(g) shall 

11 be deposited in the general fund of the Treasury as offset12 ting receipts: Provided further, That there may be credited 

13 to this appropriation, to be available until expended, funds 

14 received from States, counties, municipalities, other public 

15 authorities, and private sources for expenses incurred for 

16 training, for reports publication and dissemination, and 

17 for travel expenses incurred in performance of hazardous 

18 materials exemptions and approvals functions. 

19 PIPELINE SAFETY

20 (PIPELINE SAFETY FUND)

21 (OIL SPILL LIABILITY TRUST FUND)

22 For expenses necessary to carry out a pipeline safety 

23 program, as authorized by 49 U.S.C. 60107, and to dis24 charge the pipeline program responsibilities of the Oil Pol25 lution Act of 1990, $168,000,000, to remain available 


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1 until September 30, 2022, of which $23,000,000 shall be 

2 derived from the Oil Spill Liability Trust Fund; of which 

3 $137,000,000 shall be derived from the Pipeline Safety 

4 Fund; and of which $8,000,000 shall be derived from fees 

5 collected under 49 U.S.C. 60302 and deposited in the Un6 derground Natural Gas Storage Facility Safety Account 

7 for the purpose of carrying out 49 U.S.C. 60141: Pro8 vided, That not less than $1,058,000 of the funds pro9 vided under this heading shall be for the One-Call State 

10 grant program. 

11 EMERGENCY PREPAREDNESS GRANTS

12 (EMERGENCY PREPAREDNESS FUND)

13 For expenses necessary to carry out the Emergency 

14 Preparedness Grants program, not more than 

15 $28,318,000 shall remain available until September 30, 

16 2022, from amounts made available by 49 U.S.C. 5116(h), 

17 and 5128(b) and (c): Provided, That notwithstanding 49 

18 U.S.C. 5116(h)(4), not more than 4 percent of the 

19 amounts made available from this account shall be avail20 able to pay administrative costs: Provided further, That 

21 notwithstanding 49 U.S.C. 5128(b) and (c) and the cur22 rent year obligation limitation, prior year recoveries recog23 nized in the current year shall be available to develop a 

24 hazardous materials response training curriculum for 

25 emergency responders, including response activities for the 


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1 transportation of crude oil, ethanol and other flammable 

2 liquids by rail, consistent with National Fire Protection 

3 Association standards, and to make such training avail4 able through an electronic format: Provided further, That 

5 the prior year recoveries made available under this head6 ing shall also be available to carry out 49 U.S.C. 

7 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e). 

8 OFFICE OF INSPECTOR GENERAL

9 SALARIES AND EXPENSES

10 For necessary expenses of the Office of the Inspector 

11 General to carry out the provisions of the Inspector Gen12 eral Act of 1978, as amended, $96,700,000: Provided, 

13 That the Inspector General shall have all necessary au14 thority, in carrying out the duties specified in the Inspec15 tor General Act, as amended (5 U.S.C. App. 3), to inves16 tigate allegations of fraud, including false statements to 

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

18 that is subject to regulation by the Department of Trans19 portation. 

20 GENERAL PROVISIONS—DEPARTMENT OF

21 TRANSPORTATION

22 SEC. 180. (a) During the current fiscal year, applica23 ble appropriations to the Department of Transportation 

24 shall be available for maintenance and operation of air25 craft; hire of passenger motor vehicles and aircraft; purVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 chase of liability insurance for motor vehicles operating 

2 in foreign countries on official department business; and 

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

4 U.S.C. 5901–5902). 

5 (b) During the current fiscal year, applicable appro6 priations to the Department and its operating administra7 tions shall be available for the purchase, maintenance, op8 eration, and deployment of unmanned aircraft systems 

9 that advance the Department’s, or its operating adminis10 trations’, missions. 

11 (c) Any unmanned aircraft system purchased or pro12 cured by the Department prior to the enactment of this 

13 Act shall be deemed authorized. 

14 SEC. 181. Appropriations contained in this Act for 

15 the Department of Transportation shall be available for 

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

17 individuals not to exceed the per diem rate equivalent to 

18 the rate for an Executive Level IV. 

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

20 in this Act shall disseminate personal information (as de21 fined in 18 U.S.C. 2725(3)) obtained by a State depart22 ment of motor vehicles in connection with a motor vehicle 

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

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

25 2721. 


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

2 shall not withhold funds provided in this Act for any 

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

4 SEC. 183. (a) None of the funds appropriated by this 

5 Act may be made available for salaries and expenses of 

6 more than 110 political and Presidential appointees in the 

7 Department of Transportation: Provided, That none of the 

8 personnel covered by this provision may be assigned on 

9 temporary detail outside the Department of Transpor10 tation. 

11 (b) The limitation in subsection (a) shall increase to 

12 125 political and Presidential appointees beginning on the 

13 date on which the Secretary announces the selection of 

14 projects to receive awards for each of the following com15 petitive grants, with respect to funds made available for 

16 fiscal year 2019 for such grants: 

17 (1) Capital investment grants as authorized and 

18 as funded under the heading ‘‘Office of the Sec19 retary—National Infrastructure Investments’’ by 

20 Public Law 116–6; 

21 (2) Grants-In-Aid for Airports as authorized by 

22 subchapter 1 of chapter 471 and subchapter 1 of 

23 chapter 475 of title 49, United States Code, and as 

24 funded under the heading ‘‘Federal Aviation AdminVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 istration—Grants-in-Aid for Airports’’ by Public 

2 Law 116–6; 

3 (3) Federal-State Partnership for State of Good 

4 Repair Grants, as authorized by section 24911 of 

5 title 49, United States Code, and as funded under 

6 the heading ‘‘Federal Railroad Administration— 

7 Federal-State Partnership for State of Good Repair’’ 

8 by Public Law 116–6; 

9 (4) Consolidated Rail Infrastructure and Safety 

10 Improvements Grants, as authorized by section 

11 22907 of title 49, United States Code, and as fund12 ed under the heading ‘‘Federal Railroad Administra13 tion—Consolidated Rail Infrastructure and Safety 

14 Improvements’’ by Public Law 116–6; 

15 (5) Restoration and Enhancement Grants, as 

16 authorized by section 22908 of title 49, United 

17 States Code, and as funded under the heading ‘‘Fed18 eral Railroad Administration— Restoration and En19 hancement’’ by Public Law 116–6; 

20 (6) Magnetic levitation transportation projects 

21 consistent with section 322 of title 23, United States 

22 Code, and as funded under the heading ‘‘Federal 

23 Railroad Administration—Magnetic Levitation Tech24 nology Deployment Program’’ by Public Law 116– 

25 6; 


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1 (7) Buses and bus facilities competitive grants 

2 as authorized under section 5339(b) of title 49, 

3 United States Code, and as funded under the head4 ing ‘‘Federal Transit Administration—Transit Infra5 structure Grants’’ by Public Law 116–6; 

6 (8) Low or no emission grants, as authorized 

7 under section 5339(c) of title 49, United States 

8 Code, and as funded under the heading ‘‘Federal 

9 Transit Administration—Transit Infrastructure 

10 Grants’’ by Public Law 116–6; 

11 (9) Grants to qualified shipyards, as authorized 

12 under section 54101 of title 46, United States Code, 

13 and as funded under the heading ‘‘Maritime Admin14 istration—Assistance to Small Shipyards’’ by Public 

15 Law 116–6; and 

16 (10) Grants to improve port facilities, as au17 thorized under section 50302 of title 46, United 

18 States Code, and as funded under the heading 

19 ‘‘Maritime Administration—Port Infrastructure De20 velopment Program’’ by Public Law 116–6. 

21 SEC. 184. Funds received by the Federal Highway 

22 Administration and Federal Railroad Administration from 

23 States, counties, municipalities, other public authorities, 

24 and private sources for expenses incurred for training may 

25 be credited respectively to the Federal Highway AdminisVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed2 eral Railroad Administration’s ‘‘Safety and Operations’’ 

3 account, except for State rail safety inspectors partici4 pating in training pursuant to 49 U.S.C. 20105. 

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

6 to the Department of Transportation may be used to make 

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

8 grant unless the Secretary of Transportation notifies the 

9 House and Senate Committees on Appropriations not less 

10 than 3 full business days before any project competitively 

11 selected to receive any discretionary grant award, letter 

12 of intent, loan commitment, loan guarantee commitment, 

13 line of credit commitment, or full funding grant agreement 

14 is announced by the Department or its modal administra15 tions: Provided, That the Secretary gives concurrent noti16 fication to the House and Senate Committees on Appro17 priations for any ‘‘quick release’’ of funds from the emer18 gency relief program: Provided further, That no notifica19 tion shall involve funds that are not available for obliga20 tion. 

21 (b) In addition to the notification required in sub22 section (a), none of the funds made available in this Act 

23 to the Department of Transportation may be used to make 

24 a loan, loan guarantee, line of credit, cooperative agree25 ment or discretionary grant unless the Secretary of TransVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 portation provides the House and Senate Committees on 

2 Appropriations a comprehensive list of all such loans, loan 

3 guarantees, lines of credit, cooperative agreement or dis4 cretionary grants that will be announced not less the 3 

5 full business days before such announcement: Provided, 

6 That the requirement to provide a list in this subsection 

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

8 emergency relief program: Provided further, That no list 

9 shall involve funds that are not available for obligation. 

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

11 minor fees and other funds received by the Department 

12 of Transportation from travel management centers, 

13 charge card programs, the subleasing of building space, 

14 and miscellaneous sources are to be credited to appropria15 tions of the Department of Transportation and allocated 

16 to elements of the Department of Transportation using 

17 fair and equitable criteria and such funds shall be avail18 able until expended. 

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

20 prior Act that the Secretary determines represent im21 proper payments by the Department of Transportation to 

22 a third-party contractor under a financial assistance 

23 award, which are recovered pursuant to law, shall be avail24 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, as amended by the Improper 

10 Payments Elimination and Recovery Act of 2010 

11 and Improper Payments Elimination and Recovery 

12 Improvement Act of 2012, and Fraud Reduction and 

13 Data Analytics Act of 2015: Provided, That amounts 

14 in excess of that required for paragraphs (1) and 

15 (2)— 

16 (A) shall be credited to and merged with 

17 the appropriation from which the improper pay18 ments were made, and shall be available for the 

19 purposes and period for which such appropria20 tions are available: Provided further, That 

21 where specific project or accounting information 

22 associated with the improper payment or pay23 ments is not readily available, the Secretary 

24 may credit an appropriate account, which shall 


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1 be available for the purposes and period associ2 ated with the account so credited; or 

3 (B) if no such appropriation remains avail4 able, shall be deposited in the Treasury as mis5 cellaneous receipts: Provided further, That prior 

6 to depositing such recovery in the Treasury, the 

7 Secretary shall notify the House and Senate 

8 Committees on Appropriations of the amount 

9 and reasons for such transfer: Provided further, 

10 That for purposes of this section, the term ‘‘im11 proper payments’’ has the same meaning as 

12 that provided in section 2(e)(2) of Public Law 

13 111–204. 

14 SEC. 188. Notwithstanding any other provision of 

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

16 subject to a reprogramming action that requires notice to 

17 be provided to the House and Senate Committees on Ap18 propriations, transmission of said reprogramming notice 

19 shall be provided solely to the House and Senate Commit20 tees on Appropriations, and said reprogramming action 

21 shall be approved or denied solely by the House and Sen22 ate Committees on Appropriations: Provided, That the 

23 Secretary of Transportation may provide notice to other 

24 congressional committees of the action of the House and 

25 Senate Committees on Appropriations on such reprogramVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 ming but not sooner than 30 days following the date on 

2 which the reprogramming action has been approved or de3 nied by the House and Senate Committees on Appropria4 tions. 

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

6 modal administrations may be obligated for the Office of 

7 the Secretary for the costs related to assessments or reim8 bursable agreements only when such amounts are for the 

9 costs of goods and services that are purchased to provide 

10 a direct benefit to the applicable modal administration or 

11 administrations. 

12 SEC. 190. The Secretary of Transportation is author13 ized to carry out a program that establishes uniform 

14 standards for developing and supporting agency transit 

15 pass and transit benefits authorized under section 7905 

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

17 transit benefits by various paper and electronic media. 

18 SEC. 191. The Department of Transportation may 

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

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

21 geographic, economic, or any other hiring preference not 

22 otherwise authorized by law, or to amend a rule, regula23 tion, policy or other measure that forbids a recipient of 

24 a Federal Highway Administration or Federal Transit Ad25 ministration grant from imposing such hiring preference 


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1 on a contract or construction project with which the De2 partment of Transportation is assisting, only if the grant 

3 recipient certifies the following: 

4 (a) that except with respect to apprentices or train5 ees, a pool of readily available but unemployed individuals 

6 possessing the knowledge, skill, and ability to perform the 

7 work that the contract requires resides in the jurisdiction; 

8 (b) that the grant recipient will include appropriate 

9 provisions in its bid document ensuring that the contractor 

10 does not displace any of its existing employees in order 

11 to satisfy such hiring preference; and 

12 (c) that any increase in the cost of labor, training, 

13 or delays resulting from the use of such hiring preference 

14 does not delay or displace any transportation project in 

15 the applicable Statewide Transportation Improvement 

16 Program or Transportation Improvement Program. 

17 SEC. 192. (a) None of the funds appropriated or oth18 erwise made available by this Act may be used to termi19 nate a grant or cooperative agreement with the California 

20 High Speed Rail Authority, de-obligate funding associated 

21 with a grant or cooperative agreement with the California 

22 High Speed Rail Authority, or require the State of Cali23 fornia or the California High Speed Rail Authority to 

24 repay funding previously obligated and expended. 


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1 (b) Subsection (a) shall apply to Cooperative Agree2 ment No. FR-HSR-0009-10-01-06 and any other grant or 

3 cooperative agreement with the California High Speed 

4 Rail Authority in effect on or after enactment of this Act. 

5 (c) Notwithstanding the Department of Transpor6 tation Appropriations Act, 2010 (Public Law 111-117), 

7 de-obligated funds associated with Cooperative Agreement 

8 No. FR-HSR-0118-12-01-01— 

9 (1) may not be made available for any purpose 

10 until the final determination of any litigation con11 cerning those funds; and 

12 (2) upon the final determination of any such 

13 litigation, shall be made available only for high-speed 

14 rail projects under section 26106 of title 49, United 

15 States Code, in accordance with such section, except 

16 the Secretary of Transportation shall— 

17 (A) issue a Notice of Funding Opportunity 

18 for such grants no later than 30 days after the 

19 final determination of such litigation; 

20 (B) require that such Notice of Funding 

21 Opportunity shall require application submis22 sions no later than 30 days after the issuance 

23 of such Notice; 

24 (C) award grants no later than 60 days 

25 after the issuance of such Notice; and 


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1 (D) require applicants to provide the Sec2 retary with completed documentation with re3 spect to any required environmental impact 

4 statements within the application for a grant. 

5 SEC. 193. Section 603(b) of title 23, United States 

6 Code, is amended by striking paragraph (8) and inserting 

7 the following: 

8 ‘‘(8) NON-FEDERAL SHARE.—Notwith9 standing paragraph (9) and section 117(j)(2), 

10 the proceeds of a secured loan under the TIFIA 

11 program shall be considered to be part of the 

12 non-Federal share of project costs required 

13 under this title or chapter 53 of title 49, if the 

14 loan is repayable from non-Federal funds.’’. 

15 SEC. 194. Section 502(b)(3) of the Railroad Revital16 ization and Regulatory Reform Act of 1976 (45 U.S.C. 

17 822(b)(3)) is amended by striking ‘‘only during the 4-year 

18 period beginning on the date of enactment of the Pas19 senger Rail Reform and Investment Act of 2015’’ and in20 serting ‘‘until September 30, 2020’’. 

21 SEC. 195. (a) None of the funds appropriated by this 

22 title may be made available to issue grants to entities that 

23 do not comply with practices for control system procure24 ment recommended by the U.S. Department of Homeland 


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1 Security’s National Cybersecurity and Communications 

2 Integration Center. 

3 (b) The Secretary of Transportation may waive the 

4 requirement to comply with the practices described in sub5 section (a) if the Secretary finds that: 

6 (1) requiring compliance would be inconsistent 

7 with the public interest; and 

8 (2) the Secretary notifies the House and Senate 

9 Committees on Appropriations no less than 3 days 

10 before issuing a waiver under this subsection. 

11 This title may be cited as the ‘‘Department of Trans12 portation Appropriations Act, 2020’’. 

13 TITLE II 

14 DEPARTMENT OF HOUSING AND URBAN 

15 DEVELOPMENT 

16 MANAGEMENT AND ADMINISTRATION

17 EXECUTIVE OFFICES

18 For necessary salaries and expenses for Executive Of19 fices, which shall be comprised of the offices of the Sec20 retary, Deputy Secretary, Adjudicatory Services, Congres21 sional and Intergovernmental Relations, Public Affairs, 

22 Small and Disadvantaged Business Utilization, and the 

23 Center for Faith-Based and Neighborhood Partnerships, 

24 $14,788,000, to remain available until September 30, 

25 2021, and of which $4,557,000 is for the Office of the 


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1 Secretary and $2,192,000 is for the Office of Congres2 sional and Intergovernmental Relations: Provided, That 

3 not to exceed $20,000 of the total amount made available 

4 under this heading shall be available to the Secretary for 

5 official reception and representation expenses as the Sec6 retary may determine: Provided further, That none of the 

7 funds made available in this title or title II of division G 

8 of Public Law 116–6 may be reprogrammed or otherwise 

9 used to increase the appropriation provided by this title 

10 for the Office of the Secretary or the Office of Congres11 sional and Intergovernmental Relations: Provided further, 

12 That none of the funds made available by this or any other 

13 Act may be used to detail any individual to the Office of 

14 the Secretary or the Office of Congressional and Intergov15 ernmental Relations: Provided further, That none of the 

16 funds made available by this Act may be used to pay the 

17 salary of any individual occupying a political position in 

18 the Office of Budget: Provided further, That for the pur19 poses of the previous proviso, the term ‘‘political position’’ 

20 means the following: a position described under sections 

21 5312 through 5316 of title 5, United States Code (relating 

22 to the Executive Schedule); a noncareer appointment in 

23 the Senior Executive Service, as defined under paragraph 

24 (7) of section 3132(a) of such title; a position in the execu25 tive branch of the Government of a confidential or policyVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 determining character under schedule C of subpart C of 

2 part 213 of title 5, Code of Federal Regulations; or any 

3 other position that has been excepted from the competitive 

4 service by reason of its confidential, policy-determining, 

5 policy-making, or policy-advocating character. 

6 ADMINISTRATIVE SUPPORT OFFICES

7 For necessary salaries and expenses for Administra8 tive Support Offices, $521,500,000, to remain available 

9 until September 30, 2021: Provided, That of the sums ap10 propriated under this heading — 

11 (1) not to exceed $52,691,000 shall be for the 

12 Office of the Chief Financial Officer; 

13 (2) not to exceed $95,890,000 shall be for the 

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

15 $20,000,000 shall be for the Departmental Enforce16 ment Center; 

17 (3) not to exceed $54,000,000 shall be for the 

18 Office of Field Policy and Management; 

19 (4) not to exceed $3,900,000 shall be for the 

20 Office of Departmental Equal Employment Oppor21 tunity; 

22 (5) not less than $55,019,000 shall be for the 

23 Office of the Chief Information Officer; and 

24 (6) not to exceed $260,000,000 shall be for the 

25 Assistant Secretary for Administration: 


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1 Provided further, That funds provided under this heading 

2 may be used for hire of passenger motor vehicles and serv3 ices as authorized by 5 U.S.C. 3109: Provided further, 

4 That the Secretary shall provide the House and Senate 

5 Committees on Appropriations quarterly written notifica6 tion regarding the status of pending congressional reports: 

7 Provided further, That the Secretary shall provide in elec8 tronic form all signed reports required by Congress: Pro9 vided further, That not more than 10 percent of the funds 

10 made available under this heading for the Office of Chief 

11 Financial Officer for the financial transformation initia12 tive may be obligated until the Secretary submits to the 

13 House and Senate Committees on Appropriations, for ap14 proval, a plan for expenditure that includes the financial 

15 and internal control capabilities to be delivered and the 

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

17 and the relationship between the proposed use of funds 

18 made available under this heading and the projected total 

19 cost and scope of the initiative. 

20 PROGRAM OFFICE SALARIES AND EXPENSES

21 For necessary salaries and expenses for Program Of22 fices, $849,144,000, to remain available until September 

23 30, 2021: Provided, the amounts made available under 

24 this heading are provided as follows: 


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1 (1) not to exceed $230,000,000 shall be avail2 able for the Office of Public and Indian Housing, of 

3 which $10,200,000 is for (a) the Secretary of Hous4 ing and Urban Development for carrying out any 

5 authorities of such Secretary under chapter 11 of 

6 subtitle B of the Violence Against Women Act of 

7 1994 (34 U.S.C. 12351) and subtitle N of such Act 

8 (34 U.S.C. 12471 et seq.); (b) public housing inspec9 tions and assessments as referred in paragraph (2) 

10 of the heading ‘‘Public Housing Capital Fund’’ in 

11 this title; and (c) public housing inspections, moni12 toring and oversight of activities, and other assist13 ance authorized under title I of the Native American 

14 Housing Assistance and Self-Determination Act of 

15 1996 (NAHASDA) (25 U.S.C. 4111 et seq.), title I 

16 of the Housing and Community Development Act of 

17 1974 with respect to Indian tribes (42 U.S.C. 

18 5306(a)(1)), section 184 of the Housing and Com19 munity Development Act of 1992 (12 U.S.C. 1715z– 

20 13a), and Tribal HUD-VASH program; 

21 (2) not to exceed $117,000,000 shall be avail22 able for the Office of Community Planning and De23 velopment, of which $4,656,000 shall be for perma24 nent positions for a disaster recovery workforce; 


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1 (3) not to exceed $386,144,000 shall be avail2 able for the Office of Housing, of which not less 

3 than $12,000,000 shall be for the Office of Recapi4 talization; 

5 (4) not to exceed $26,000,000 shall be available 

6 for the Office of Policy Development and Research; 

7 (5) not to exceed $80,000,000 shall be available 

8 for the Office of Fair Housing and Equal Oppor9 tunity; and 

10 (6) not to exceed $10,000,000 shall be available 

11 for the Office of Lead Hazard Control and Healthy 

12 Homes: 

13 Provided further, That the unobligated balances of prior 

14 year appropriations made available under each of the ac15 counts ‘‘Public and Indian Housing’’, ‘‘Community Plan16 ning and Development’’, ‘‘Housing’’, ‘‘Policy Development 

17 and Research’’, ‘‘Fair Housing and Equal Opportunity’’, 

18 and ‘‘Office of Lead Hazard Control and Healthy Homes’’ 

19 under the heading ‘‘Department of Housing and Urban 

20 Development--Program Office Salaries and Expenses’’ 

21 shall be transferred to, and merged with, the amounts re22 served for the Office of Public and Indian Housing, the 

23 Office of Community Planning and Development, the Of24 fice of Housing, the Office of Policy Development and Re25 search, the Office of Fair Housing and Equal OpporVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 tunity, and the Office of Lead Hazard Control and 

2 Healthy Homes, respectively, under the heading ‘‘Depart3 ment of Housing and Urban Development--Program Of4 fice Salaries and Expenses’’ in this title. 

5 WORKING CAPITAL FUND

6 (INCLUDING TRANSFER OF FUNDS)

7 For the working capital fund for the Department of 

8 Housing and Urban Development (referred to in this para9 graph as the ‘‘Fund’’), pursuant, in part, to section 7(f) 

10 of the Department of Housing and Urban Development 

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

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

13 under this heading shall be available for Federal shared 

14 services used by offices and agencies of the Department, 

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

16 records management, space renovation, furniture, or sup17 ply services as the Secretary determines shall be derived 

18 from centralized sources made available by the Depart19 ment to all offices and agencies and funded through the 

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

21 this title for salaries and expenses under the headings 

22 ‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, 

23 ‘‘Program Office Salaries and Expenses’’, and ‘‘Govern24 ment National Mortgage Association’’, the Secretary shall 

25 transfer to the Fund such amounts, to remain available 


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

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

3 appropriation would otherwise have been available, and 

4 may transfer not to exceed an additional $5,000,000, in 

5 aggregate, from all such appropriations, to be merged with 

6 the Fund and to remain available until expended for any 

7 purpose under this heading: Provided further, That 

8 amounts in the Fund shall be the only amounts available 

9 to each office or agency of the Department for the serv10 ices, or portion of services, specified in the matter pre11 ceding the first proviso: Provided further, That with re12 spect to the Fund, the authorities and conditions under 

13 this heading shall supplement the authorities and condi14 tions provided under section 7(f). 

15 PUBLIC AND INDIAN HOUSING

16 TENANT-BASED RENTAL ASSISTANCE

17 For activities and assistance for the provision of ten18 ant-based rental assistance authorized under the United 

19 States Housing Act of 1937, as amended (42 U.S.C. 1437 

20 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

21 $19,810,000,000, to remain available until expended, shall 

22 be available on October 1, 2019 (in addition to the 

23 $4,000,000,000 previously appropriated under this head24 ing that shall be available on October 1, 2019), and 

25 $4,000,000,000, to remain available until expended, shall 


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1 be available on October 1, 2020: Provided, That the 

2 amounts made available under this heading are provided 

3 as follows: 

4 (1) $21,400,000,000 shall be available for re5 newals of expiring section 8 tenant-based annual 

6 contributions contracts (including renewals of en7 hanced vouchers under any provision of law author8 izing such assistance under section 8(t) of the Act) 

9 and including renewal of other special purpose incre10 mental vouchers: Provided, That notwithstanding 

11 any other provision of law, from amounts provided 

12 under this paragraph and any carryover, the Sec13 retary for the calendar year 2020 funding cycle shall 

14 provide renewal funding for each public housing 

15 agency based on validated voucher management sys16 tem (VMS) leasing and cost data for the prior cal17 endar year and by applying an inflation factor as es18 tablished by the Secretary, by notice published in 

19 the Federal Register, and by making any necessary 

20 adjustments for the costs associated with the first21 time renewal of vouchers under this paragraph in22 cluding tenant protection and Choice Neighborhoods 

23 vouchers: Provided further, That the Secretary shall, 

24 to the extent necessary to stay within the amount 

25 specified under this paragraph (except as otherwise 


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1 modified under this paragraph), prorate each public 

2 housing agency’s allocation otherwise established 

3 pursuant to this paragraph: Provided further, That 

4 except as provided in the following provisos, the en5 tire amount specified under this paragraph (except 

6 as otherwise modified under this paragraph) shall be 

7 obligated to the public housing agencies based on the 

8 allocation and pro rata method described above, and 

9 the Secretary shall notify public housing agencies of 

10 their annual budget by the latter of 60 days after 

11 enactment of this Act or March 1, 2020: Provided 

12 further, That the Secretary may extend the notifica13 tion period with the prior written approval of the 

14 House and Senate Committees on Appropriations: 

15 Provided further, That public housing agencies par16 ticipating in the MTW demonstration shall be fund17 ed pursuant to their MTW agreements and in ac18 cordance with the requirements of the MTW pro19 gram and shall be subject to the same pro rata ad20 justments under the previous provisos: Provided fur21 ther, That the Secretary may offset public housing 

22 agencies’ calendar year 2020 allocations based on 

23 the excess amounts of public housing agencies’ net 

24 restricted assets accounts, including HUD-held pro25 grammatic reserves (in accordance with VMS data 


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1 in calendar year 2019 that is verifiable and com2 plete), as determined by the Secretary: Provided fur3 ther, That public housing agencies participating in 

4 the MTW demonstration shall also be subject to the 

5 offset, as determined by the Secretary, excluding 

6 amounts subject to the single fund budget authority 

7 provisions of their MTW agreements, from the agen8 cies’ calendar year 2020 MTW funding allocation: 

9 Provided further, That the Secretary shall use any 

10 offset referred to in the previous two provisos 

11 throughout the calendar year to prevent the termi12 nation of rental assistance for families as the result 

13 of insufficient funding, as determined by the Sec14 retary, and to avoid or reduce the proration of re15 newal funding allocations: Provided further, That the 

16 Secretary may utilize unobligated balances, including 

17 recaptures and carryover, remaining from funds ap18 propriated under this heading from prior year ap19 propriations (excluding special purpose vouchers), 

20 notwithstanding the purposes for which such 

21 amounts were appropriated, to avoid or reduce such 

22 prorations: Provided further, That up to 

23 $100,000,000 shall be available only: (1) for adjust24 ments in the allocations for public housing agencies, 

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1 ing agency that experienced a significant increase, as 

2 determined by the Secretary, in renewal costs of 

3 vouchers resulting from unforeseen circumstances or 

4 from portability under section 8(r) of the Act; (2) 

5 for vouchers that were not in use during the pre6 vious 12-month period in order to be available to 

7 meet a commitment pursuant to section 8(o)(13) of 

8 the Act; (3) for adjustments for costs associated 

9 with HUD–Veterans Affairs Supportive Housing 

10 (HUD–VASH) vouchers; (4) for adjustments in the 

11 allocations for public housing agencies that (i) are 

12 leasing a lower-than-average percentage of their au13 thorized vouchers, (ii) have low amounts of budget 

14 authority in their net restricted assets accounts and 

15 HUD-held programmatic reserves, relative to other 

16 agencies, and (iii) are not participating in the Mov17 ing to Work demonstration, to enable such agencies 

18 to lease more vouchers; (5) for public housing agen19 cies that despite taking reasonable cost savings 

20 measures, as determined by the Secretary, would 

21 otherwise be required to terminate rental assistance 

22 for families as a result of insufficient funding; and 

23 (6) for public housing agencies that have experi24 enced increased costs or loss of units in an area for 

25 which the President declared a disaster under title 


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1 IV of the Robert T. Stafford Disaster Relief and 

2 Emergency Assistance Act (42 U.S.C. 5170 et seq.): 

3 Provided further, That the Secretary shall allocate 

4 amounts under the previous proviso based on need, 

5 as determined by the Secretary; 

6 (2) $150,000,000 shall be for section 8 rental 

7 assistance for relocation and replacement of housing 

8 units that are demolished or disposed of pursuant to 

9 section 18 of the Act, conversion of section 23 

10 projects to assistance under section 8, the family 

11 unification program under section 8(x) of the Act, 

12 relocation of witnesses in connection with efforts to 

13 combat crime in public and assisted housing pursu14 ant to a request from a law enforcement or prosecu15 tion agency, enhanced vouchers under any provision 

16 of law authorizing such assistance under section 8(t) 

17 of the Act, HOPE VI and Choice Neighborhood 

18 vouchers, mandatory and voluntary conversions, and 

19 tenant protection assistance including replacement 

20 and relocation assistance or for project-based assist21 ance to prevent the displacement of unassisted elder22 ly tenants currently residing in section 202 prop23 erties financed between 1959 and 1974 that are refi24 nanced pursuant to Public Law 106–569, as amend25 ed, or under the authority as provided under this 


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1 Act: Provided, That when a public housing develop2 ment is submitted for demolition or disposition 

3 under section 18 of the Act, the Secretary may pro4 vide section 8 rental assistance when the units pose 

5 an imminent health and safety risk to residents: 

6 Provided further, That the Secretary shall provide 

7 replacement vouchers for all units that cease to be 

8 available as assisted housing, subject only to the 

9 availability of funds: Provided further, That of the 

10 amounts made available under this paragraph, 

11 $5,000,000 may be available to provide tenant pro12 tection assistance, not otherwise provided under this 

13 paragraph, to residents residing in low vacancy 

14 areas and who may have to pay rents greater than 

15 30 percent of household income, as the result of: (A) 

16 the maturity of a HUD-insured, HUD-held or sec17 tion 202 loan that requires the permission of the 

18 Secretary prior to loan prepayment; (B) the expira19 tion of a rental assistance contract for which the 

20 tenants are not eligible for enhanced voucher or ten21 ant protection assistance under existing law; or (C) 

22 the expiration of affordability restrictions accom23 panying a mortgage or preservation program admin24 istered by the Secretary: Provided further, That such 

25 tenant protection assistance made available under 


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1 the previous proviso may be provided under the au2 thority of section 8(t) or section 8(o)(13) of the 

3 United States Housing Act of 1937 (42 U.S.C. 

4 1437f(t)): Provided further, That the Secretary shall 

5 issue guidance to implement the previous provisos, 

6 including, but not limited to, requirements for defin7 ing eligible at-risk households within 60 days of the 

8 enactment of this Act: Provided further, That any 

9 tenant protection voucher made available from 

10 amounts under this paragraph shall not be reissued 

11 by any public housing agency, except the replace12 ment vouchers as defined by the Secretary by notice, 

13 when the initial family that received any such vouch14 er no longer receives such voucher, and the authority 

15 for any public housing agency to issue any such 

16 voucher shall cease to exist: Provided further, That 

17 the Secretary may provide section 8 rental assist18 ance from amounts made available under this para19 graph for units assisted under a project-based sub20 sidy contract funded under the ‘‘Project-Based 

21 Rental Assistance’’ heading under this title where 

22 the owner has received a Notice of Default and the 

23 units pose an imminent health and safety risk to 

24 residents: Provided further, That to the extent that 

25 the Secretary determines that such units are not 


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1 feasible for continued rental assistance payments or 

2 transfer of the subsidy contract associated with such 

3 units to another project or projects and owner or 

4 owners, any remaining amounts associated with such 

5 units under such contract shall be recaptured and 

6 used to reimburse amounts used under this para7 graph for rental assistance under the preceding pro8 viso; 

9 (3) $1,925,000,000 shall be for administrative 

10 and other expenses of public housing agencies in ad11 ministering the section 8 tenant-based rental assist12 ance program, of which up to $30,000,000 shall be 

13 available to the Secretary to allocate to public hous14 ing agencies that need additional funds to admin15 ister their section 8 programs, including fees associ16 ated with section 8 tenant protection rental assist17 ance, the administration of disaster related vouchers, 

18 HUD–VASH vouchers, and other special purpose in19 cremental vouchers: Provided, That no less than 

20 $1,895,000,000 of the amount provided in this para21 graph shall be allocated to public housing agencies 

22 for the calendar year 2020 funding cycle based on 

23 section 8(q) of the Act (and related Appropriation 

24 Act provisions) as in effect immediately before the 

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1 sponsibility Act of 1998 (Public Law 105–276): Pro2 vided further, That if the amounts made available 

3 under this paragraph are insufficient to pay the 

4 amounts determined under the previous proviso, the 

5 Secretary may decrease the amounts allocated to 

6 agencies by a uniform percentage applicable to all 

7 agencies receiving funding under this paragraph or 

8 may, to the extent necessary to provide full payment 

9 of amounts determined under the previous proviso, 

10 utilize unobligated balances, including recaptures 

11 and carryovers, remaining from funds appropriated 

12 to the Department of Housing and Urban Develop13 ment under this heading from prior fiscal years, ex14 cluding special purpose vouchers, notwithstanding 

15 the purposes for which such amounts were appro16 priated: Provided further, That all public housing 

17 agencies participating in the MTW demonstration 

18 shall be funded pursuant to their MTW agreements 

19 and in accordance with the requirements of the 

20 MTW program, and shall be subject to the same 

21 uniform percentage decrease as under the previous 

22 proviso: Provided further, That amounts provided 

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1 ance authorized under section 8, including related 

2 development activities; 

3 (4) $225,000,000 shall be for the renewal of 

4 tenant-based assistance contracts under section 811 

5 of the Cranston-Gonzalez National Affordable Hous6 ing Act (42 U.S.C. 8013), including necessary ad7 ministrative expenses: Provided, That administrative 

8 and other expenses of public housing agencies in ad9 ministering the special purpose vouchers in this 

10 paragraph shall be funded under the same terms 

11 and be subject to the same pro rata reduction as the 

12 percent decrease for administrative and other ex13 penses to public housing agencies under paragraph 

14 (3) of this heading: 

15 (5) $5,000,000 shall be for rental assistance 

16 and associated administrative fees for Tribal HUD– 

17 VASH to serve Native American veterans that are 

18 homeless or at-risk of homelessness living on or near 

19 a reservation or other Indian areas: Provided, That 

20 such amount shall be made available for renewal 

21 grants to recipients that received assistance under 

22 prior Acts under the Tribal HUD–VASH program: 

23 Provided further, That the Secretary shall be author24 ized to specify criteria for renewal grants, including 

25 data on the utilization of assistance reported by 


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1 grant recipients: Provided further, That any amounts 

2 remaining after such renewal assistance is awarded 

3 may be available for new grants to recipients eligible 

4 to receive block grants under the Native American 

5 Housing Assistance and Self-Determination Act of 

6 1996 (25 U.S.C. 4101 et seq.) for rental assistance 

7 and associated administrative fees for Tribal HUD8 VASH to serve Native American veterans that are 

9 homeless or at-risk of homelessness living on or near 

10 a reservation or other Indian areas: Provided further, 

11 That funds shall be awarded based on need, and ad12 ministrative capacity established by the Secretary in 

13 a Notice published in the Federal Register after co14 ordination with the Secretary of the Department of 

15 Veterans Affairs: Provided further, That renewal 

16 grants and new grants under this paragraph shall be 

17 administered in accordance with program require18 ments under the Native American Housing Assist19 ance and Self-Determination Act of 1996 and mod20 eled after the HUD-VASH program: Provided fur21 ther, That the Secretary shall be authorized to 

22 waive, or specify alternative requirements for any 

23 provision of any statute or regulation that the Sec24 retary administers in connection with the use of 

25 funds made available under this paragraph (except 


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1 for requirements related to fair housing, non2 discrimination, labor standards, and the environ3 ment), upon a finding by the Secretary that any 

4 such waivers or alternative requirements are nec5 essary for the effective delivery and administration 

6 of such assistance: Provided further, That grant re7 cipients shall report to the Secretary on utilization 

8 of such rental assistance and other program data, as 

9 prescribed by the Secretary: Provided further, That 

10 the Secretary may reallocate, as determined by the 

11 Secretary, amounts returned or recaptured from 

12 awards under prior Acts; 

13 (6) $40,000,000 for incremental rental voucher 

14 assistance for use through a supported housing pro15 gram administered in conjunction with the Depart16 ment of Veterans Affairs as authorized under section 

17 8(o)(19) of the United States Housing Act of 1937: 

18 Provided, That the Secretary of Housing and Urban 

19 Development shall make such funding available, not20 withstanding section 203 (competition provision) of 

21 this title, to public housing agencies that partner 

22 with eligible VA Medical Centers or other entities as 

23 designated by the Secretary of the Department of 

24 Veterans Affairs, based on geographical need for 

25 such assistance as identified by the Secretary of the 


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1 Department of Veterans Affairs, public housing 

2 agency administrative performance, and other fac3 tors as specified by the Secretary of Housing and 

4 Urban Development in consultation with the Sec5 retary of the Department of Veterans Affairs: Pro6 vided further, That the Secretary of Housing and 

7 Urban Development may waive, or specify alter8 native requirements for (in consultation with the 

9 Secretary of the Department of Veterans Affairs), 

10 any provision of any statute or regulation that the 

11 Secretary of Housing and Urban Development ad12 ministers in connection with the use of funds made 

13 available under this paragraph (except for require14 ments related to fair housing, nondiscrimination, 

15 labor standards, and the environment), upon a find16 ing by the Secretary that any such waivers or alter17 native requirements are necessary for the effective 

18 delivery and administration of such voucher assist19 ance: Provided further, That assistance made avail20 able under this paragraph shall continue to remain 

21 available for homeless veterans upon turn-over; 

22 (7) $40,000,000 shall be made available for 

23 new incremental voucher assistance through the 

24 family unification program as authorized by section 

25 8(x) of the Act: Provided, That the assistance made 


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1 available under this paragraph shall continue to re2 main available for family unification upon turnover: 

3 Provided further, That for any public housing agency 

4 administering voucher assistance appropriated in a 

5 prior Act under the family unification program that 

6 determines that it no longer has an identified need 

7 for such assistance upon turnover, such agency shall 

8 notify the Secretary, and the Secretary shall recap9 ture such assistance from the agency and reallocate 

10 it to any other public housing agency or agencies 

11 based on need for voucher assistance in connection 

12 with such program: Provided further, That of the 

13 amounts made available under this paragraph, up to 

14 $20,000,000 shall be for assistance for youth under 

15 section 8(x) of the Act: Provided further, That not16 withstanding other laws, the Secretary shall, subject 

17 only to the availability of funds, allocate such assist18 ance to any public housing agencies that (1) admin19 ister assistance under section 8(x), or seek to admin20 ister such assistance, consistent with procedures es21 tablished by the Secretary, and (2) have requested 

22 such assistance so that they may provide timely as23 sistance to eligible youth: Provided further, That 

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1 graph when the initial youth that received any such 

2 assistance no longer receives it, unless approved by 

3 the Secretary; 

4 (8) $25,000,000 shall be made available for the 

5 mobility demonstration authorized under section 235 

6 of division G of the Consolidated Appropriations Act, 

7 2019 (42 U.S.C. 1437f note; Public Law 116–6; 

8 133 Stat. 465), of which up to $5,000,000 shall be 

9 for new incremental voucher assistance and the re10 mainder of which shall be available to provide mobil11 ity-related services to families with children, includ12 ing pre- and post-move counseling and rent deposits, 

13 and to offset the administrative costs of operating 

14 the mobility demonstration: Provided, That incre15 mental voucher assistance made available under this 

16 paragraph shall be for families with children partici17 pating in the mobility demonstration and shall con18 tinue to remain available for families with children 

19 upon turnover: Provided further, That for any public 

20 housing agency administering voucher assistance 

21 under the mobility demonstration that determines 

22 that it no longer has an identified need for such as23 sistance upon turnover, such agency shall notify the 

24 Secretary, and the Secretary shall recapture such as25 sistance from the agency and reallocate it to any 


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1 other public housing agency or agencies based on 

2 need for voucher assistance in connection with such 

3 demonstration; and 

4 (9) the Secretary shall separately track all spe5 cial purpose vouchers funded under this heading. 

6 HOUSING CERTIFICATE FUND

7 (INCLUDING RESCISSIONS)

8 Unobligated balances, including recaptures and car9 ryover, remaining from funds appropriated to the Depart10 ment of Housing and Urban Development under this 

11 heading, the heading ‘‘Annual Contributions for Assisted 

12 Housing’’ and the heading ‘‘Project-Based Rental Assist13 ance’’, for fiscal year 2020 and prior years may be used 

14 for renewal of or amendments to section 8 project-based 

15 contracts and for performance-based contract administra16 tors, notwithstanding the purposes for which such funds 

17 were appropriated: Provided, That any obligated balances 

18 of contract authority from fiscal year 1974 and prior that 

19 have been terminated shall be rescinded: Provided further, 

20 That amounts heretofore recaptured, or recaptured during 

21 the current fiscal year, from section 8 project-based con22 tracts from source years fiscal year 1975 through fiscal 

23 year 1987 are hereby rescinded, and an amount of addi24 tional new budget authority, equivalent to the amount re25 scinded is hereby appropriated, to remain available until 


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1 expended, for the purposes set forth under this heading, 

2 in addition to amounts otherwise available. 

3 PUBLIC HOUSING CAPITAL FUND

4 For the Public Housing Capital Fund Program to 

5 carry out capital and management activities for public 

6 housing agencies, as authorized under section 9 of the 

7 United States Housing Act of 1937 (42 U.S.C. 1437g) 

8 (the ‘‘Act’’) $2,855,057,000, to remain available until 

9 September 30, 2023: Provided, That the amounts made 

10 available under this heading are provided as follows: 

11 (1) notwithstanding any other provision of law 

12 or regulation, during fiscal year 2020, the Secretary 

13 of Housing and Urban Development may not dele14 gate to any Department official other than the Dep15 uty Secretary and the Assistant Secretary for Public 

16 and Indian Housing any authority under paragraph 

17 (2) of section 9(j) regarding the extension of the 

18 time periods under such section: Provided further, 

19 That for purposes of such section 9(j), the term ‘‘ob20 ligate’’ means, with respect to amounts, that the 

21 amounts are subject to a binding agreement that will 

22 result in outlays, immediately or in the future; 

23 (2) $28,000,000 shall be to support ongoing 

24 public housing financial and physical assessment ac25 tivities, pilot a new physical inspection process, and 


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1 implement the recommendations made in the March 

2 2019 Government Accountability Office (GAO) re3 port ‘‘Real Estate Inspection Center: HUD should 

4 Improve Physical Inspection Process and Oversight 

5 of Inspectors’’ (GAO-19-254); 

6 (3) up to $16,000,000 shall be to support the 

7 costs of administrative and judicial receiverships; 

8 (4) not to exceed $30,000,000 shall be available 

9 for the Secretary to make grants, notwithstanding 

10 section 203 of this Act, to public housing agencies 

11 for emergency capital needs including safety and se12 curity measures necessary to address crime and 

13 drug-related activity as well as needs resulting from 

14 unforeseen or unpreventable emergencies and nat15 ural disasters excluding Presidentially declared 

16 emergencies and natural disasters under the Robert 

17 T. Stafford Disaster Relief and Emergency Act (42 

18 U.S.C. 5121 et seq.) occurring in fiscal year 2020: 

19 Provided further, That of the amount made available 

20 under this paragraph, not less than $10,000,000 

21 shall be for safety and security measures: Provided 

22 further, That in addition to the amount in the pre23 vious proviso for such safety and security measures, 

24 any amounts that remain available, after all applica25 tions received on or before September 30, 2021, for 


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1 emergency capital needs have been processed, shall 

2 be allocated to public housing agencies for such safe3 ty and security measures; 

4 (5) Provided further, That for funds provided 

5 under this heading, the limitation in section 9(g)(1) 

6 of the Act shall be 25 percent: Provided further, 

7 That the Secretary may waive the limitation in the 

8 previous proviso to allow public housing agencies to 

9 fund activities authorized under section 9(e)(1)(C) 

10 of the Act: Provided further, That the Secretary 

11 shall notify public housing agencies requesting waiv12 ers under the previous proviso if the request is ap13 proved or denied within 14 days of submitting the 

14 request: Provided further, That from the funds made 

15 available under this heading, the Secretary shall pro16 vide bonus awards in fiscal year 2020 to public 

17 housing agencies that are designated high per18 formers: Provided further, That the Department 

19 shall notify public housing agencies of their formula 

20 allocation within 60 days of enactment of this Act; 

21 (6) $25,000,000 shall be available for competi22 tive grants to public housing agencies to evaluate 

23 and reduce lead-based paint hazards in public hous24 ing by carrying out the activities of risk assess25 ments, abatement, and interim controls (as those 


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1 terms are defined in section 1004 of the Residential 

2 Lead-Based Paint Hazard Reduction Act of 1992 

3 (42 U.S.C. 4851b)): Provided further, That for pur4 poses of environmental review, a grant under this 

5 paragraph shall be considered funds for projects or 

6 activities under title I of the United States Housing 

7 Act of 1937 (42 U.S.C. 1437 et seq.) for purposes 

8 of section 26 of such Act (42 U.S.C. 1437x) and 

9 shall be subject to the regulations implementing 

10 such section; and 

11 (7) $25,000,000 shall be available for competi12 tive grants to public housing agencies for activities 

13 authorized under the Healthy Homes Initiative, pur14 suant to sections 501 and 502 of the Housing and 

15 Urban Development Act of 1970, which shall include 

16 research, studies, testing, and demonstration efforts, 

17 including education and outreach concerning mold, 

18 carbon monoxide poisoning, and other housing-re19 lated diseases and hazards. 

20 PUBLIC HOUSING OPERATING FUND

21 For 2020 payments to public housing agencies for the 

22 operation and management of public housing, as author23 ized by section 9(e) of the United States Housing Act of 

24 1937 (42 U.S.C. 1437g(e)), $4,753,116,000, to remain 

25 available until September 30, 2021. 


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1 CHOICE NEIGHBORHOODS INITIATIVE

2 For competitive grants under the Choice Neighbor3 hoods Initiative (subject to section 24 of the United States 

4 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

5 specified under this heading), for transformation, rehabili6 tation, and replacement housing needs of both public and 

7 HUD-assisted housing and to transform neighborhoods of 

8 poverty into functioning, sustainable mixed income neigh9 borhoods with appropriate services, schools, public assets, 

10 transportation and access to jobs, $300,000,000, to re11 main available until September 30, 2023: Provided, That 

12 grant funds may be used for resident and community serv13 ices, community development, and affordable housing 

14 needs in the community, and for conversion of vacant or 

15 foreclosed properties to affordable housing: Provided fur16 ther, That the use of funds made available under this 

17 heading shall not be deemed to be public housing notwith18 standing section 3(b)(1) of such Act: Provided further, 

19 That grantees shall commit to an additional period of af20 fordability determined by the Secretary of not fewer than 

21 20 years: Provided further, That grantees shall provide a 

22 match in State, local, other Federal or private funds: Pro23 vided further, That grantees may include local govern24 ments, tribal entities, public housing authorities, and non25 profits: Provided further, That for-profit developers may 


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1 apply jointly with a public entity: Provided further, That 

2 for purposes of environmental review, a grantee shall be 

3 treated as a public housing agency under section 26 of 

4 the United States Housing Act of 1937 (42 U.S.C. 

5 1437x), and grants under this heading shall be subject 

6 to the regulations issued by the Secretary to implement 

7 such section: Provided further, That of the amount pro8 vided, not less than $150,000,000 shall be awarded to 

9 public housing agencies: Provided further, That such 

10 grantees shall create partnerships with other local organi11 zations including assisted housing owners, service agen12 cies, and resident organizations: Provided further, That 

13 the Secretary shall consult with the Secretaries of Edu14 cation, Labor, Transportation, Health and Human Serv15 ices, Agriculture, and Commerce, the Attorney General, 

16 and the Administrator of the Environmental Protection 

17 Agency to coordinate and leverage other appropriate Fed18 eral resources: Provided further, That no more than 

19 $5,000,000 of funds made available under this heading 

20 may be provided as grants to undertake comprehensive 

21 local planning with input from residents and the commu22 nity: Provided further, That unobligated balances, includ23 ing recaptures, remaining from funds appropriated under 

24 the heading ‘‘Revitalization of Severely Distressed Public 

25 Housing (HOPE VI)’’ in fiscal year 2011 and prior fiscal 


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1 years may be used for purposes under this heading, not2 withstanding the purposes for which such amounts were 

3 appropriated: Provided further, That the Secretary shall 

4 issue the Notice of Funding Availability for funds made 

5 available under this heading no later than 120 days after 

6 enactment of this Act: Provided further, That the Sec7 retary shall make grant awards no later than one year 

8 from the date of enactment of this Act in such amounts 

9 that the Secretary determines: Provided further, That not10 withstanding section 24(o) of the United States Housing 

11 Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may, 

12 until September 30, 2023, obligate any available unobli13 gated balances made available under this heading in this, 

14 or any prior Act. 

15 SELF-SUFFICIENCY PROGRAMS

16 For activities and assistance related to Self-Suffi17 ciency Programs, to remain available until September 30, 

18 2023, $150,000,000: Provided, That the amounts made 

19 available under this heading are provided as follows: 

20 (1) $100,000,000 shall be for the Family Self21 Sufficiency program to support family self-suffi22 ciency coordinators under section 23 of the United 

23 States Housing Act of 1937 (42 U.S.C. 1437u), to 

24 promote the development of local strategies to co25 ordinate the use of assistance under sections 8 and 


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1 9 of such Act with public and private resources, and 

2 enable eligible families to achieve economic inde3 pendence and self-sufficiency: Provided, That the 

4 Secretary may, by Federal Register notice, waive or 

5 specify alternative requirements under subsections 

6 (b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such 

7 Act in order to facilitate the operation of a unified 

8 self-sufficiency program for individuals receiving as9 sistance under different provisions of the Act, as de10 termined by the Secretary: Provided further, That 

11 owners of a privately owned multifamily property 

12 with a section 8 contract may voluntarily make a 

13 Family Self-Sufficiency program available to the as14 sisted tenants of such property in accordance with 

15 procedures established by the Secretary: Provided 

16 further, That such procedures established pursuant 

17 to the previous proviso shall permit participating 

18 tenants to accrue escrow funds in accordance with 

19 section 23(d)(2) and shall allow owners to use fund20 ing from residual receipt accounts to hire coordina21 tors for their own Family Self-Sufficiency program; 

22 (2) $35,000,000 shall be for the Resident Op23 portunity and Self-Sufficiency program to provide 

24 for supportive services, service coordinators, and 

25 congregate services as authorized by section 34 of 


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1 the United States Housing Act of 1937 (42 U.S.C. 

2 1437z-6) and the Native American Housing Assist3 ance and Self-Determination Act of 1996 (25 U.S.C. 

4 4101 et seq.); and 

5 (3) $15,000,000 shall be for a Jobs-Plus initia6 tive, modeled after the Jobs-Plus demonstration: 

7 Provided, That funding provided under this para8 graph shall be available for competitive grants to 

9 partnerships between public housing authorities, 

10 local workforce investment boards established under 

11 section 107 of the Workforce Innovation and Oppor12 tunity Act of 2014 (29 U.S.C. 3122), and other 

13 agencies and organizations that provide support to 

14 help public housing residents obtain employment and 

15 increase earnings: Provided further, That applicants 

16 must demonstrate the ability to provide services to 

17 residents, partner with workforce investment boards, 

18 and leverage service dollars: Provided further, That 

19 the Secretary may allow public housing agencies to 

20 request exemptions from rent and income limitation 

21 requirements under sections 3 and 6 of the United 

22 States Housing Act of 1937 (42 U.S.C. 1437a, 

23 1437d), as necessary to implement the Jobs-Plus 

24 program, on such terms and conditions as the Sec25 retary may approve upon a finding by the Secretary 


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1 that any such waivers or alternative requirements 

2 are necessary for the effective implementation of the 

3 Jobs-Plus initiative as a voluntary program for resi4 dents: Provided further, That the Secretary shall 

5 publish by notice in the Federal Register any waiv6 ers or alternative requirements pursuant to the pre7 ceding proviso no later than 10 days before the ef8 fective date of such notice: Provided further, That 

9 for funds provided under this paragraph, the limita10 tion in section 9(g)(1) of the United States Housing 

11 Act of 1937 shall be 25 percent: Provided further, 

12 That the Secretary may waive the limitation in the 

13 previous proviso to allow public housing agencies to 

14 fund activities authorized under section 9(e)(1)(C) 

15 of such Act: Provided further, That the Secretary 

16 shall notify public housing agencies requesting waiv17 ers under the previous proviso if the request is ap18 proved or denied within 14 days of submitting the 

19 request: Provided further, That from the funds made 

20 available under this heading, the Secretary shall pro21 vide bonus awards in fiscal year 2020 to public 

22 housing agencies that are designated high per23 formers: Provided further, That the Department 

24 shall notify public housing agencies of their formula 

25 allocation within 60 days of enactment of this Act. 


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1 NATIVE AMERICAN PROGRAMS

2 (INCLUDING TRANSFER OF FUNDS)

3 For activities and assistance authorized under title 

4 I of the Native American Housing Assistance and Self5 Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 

6 et seq.), title I of the Housing and Community Develop7 ment Act of 1974 with respect to Indian tribes (42 U.S.C. 

8 5306(a)(1)), and related training and technical assistance, 

9 $855,000,000, to remain available until September 30, 

10 2024, unless otherwise specified: Provided, That amounts 

11 made available under this heading are provided as follows: 

12 (1) $671,000,000 shall be for the Native Amer13 ican Housing Block Grants program, as authorized 

14 under title I of NAHASDA: Provided, That, not15 withstanding NAHASDA, to determine the amount 

16 of the allocation under title I of such Act for each 

17 Indian tribe, the Secretary shall apply the formula 

18 under section 302 of such Act with the need compo19 nent based on single-race census data and with the 

20 need component based on multi-race census data, 

21 and the amount of the allocation for each Indian 

22 tribe shall be the greater of the two resulting alloca23 tion amounts: Provided further, That the Depart24 ment shall notify grantees of their formula allocation 

25 within 60 days of the date of enactment of this Act; 


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1 (2) $2,000,000 shall be for the cost of guaran2 teed notes and other obligations, as authorized by 

3 title VI of NAHASDA: Provided, That such costs, 

4 including the costs of modifying such notes and 

5 other obligations, shall be as defined in section 502 

6 of the Congressional Budget Act of 1974, as amend7 ed: Provided further, That these funds are available 

8 to subsidize the total principal amount of any notes 

9 and other obligations, any part of which is to be 

10 guaranteed, not to exceed $32,000,000; 

11 (3) $100,000,000 shall be for competitive 

12 grants under the Native American Housing Block 

13 Grants program, as authorized under title I of 

14 NAHASDA: Provided, That the Secretary shall obli15 gate this additional amount for competitive grants to 

16 eligible recipients authorized under NAHASDA that 

17 apply for funds: Provided further, That in awarding 

18 this additional amount, the Secretary shall consider 

19 need and administrative capacity, and shall give pri20 ority to projects that will spur construction and re21 habilitation: Provided further, That a grant funded 

22 pursuant to this paragraph shall be not greater than 

23 $10,000,000: Provided further, That up to 1 percent 

24 of this additional amount may be transferred, in ag25 gregate, to the Office of Public and Indian Housing 


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1 under paragraph (1) of the heading ‘‘Program Office 

2 Salaries and Expenses’’ for necessary costs of ad3 ministering and overseeing the obligation and ex4 penditure of this additional amount: Provided fur5 ther, That any funds transferred pursuant to this 

6 paragraph shall remain available until September 

7 30, 2025; 

8 (4) $75,000,000 shall be for grants to Indian 

9 tribes for carrying out the Indian Community Devel10 opment Block Grant program under title I of the 

11 Housing and Community Development Act of 1974, 

12 notwithstanding section 106(a)(1) of such Act, of 

13 which, notwithstanding any other provision of law 

14 (including section 203 of this Act), up to $5,000,000 

15 may be used for emergencies that constitute immi16 nent threats to health and safety: Provided, That 

17 not to exceed 20 percent of any grant made with 

18 funds appropriated under this paragraph shall be ex19 pended for planning and management development 

20 and administration: Provided further, That funds 

21 provided under this paragraph shall remain available 

22 until September 30, 2022; and 

23 (5) $7,000,000 shall be for providing training 

24 and technical assistance to Indian tribes, Indian 

25 housing authorities and tribally designated housing 


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1 entities, to support the inspection of Indian housing 

2 units, contract expertise, and for training and tech3 nical assistance related to funding provided under 

4 this heading and other headings under this Act for 

5 the needs of Native American families and Indian 

6 country: Provided, That of the funds made available 

7 under this paragraph, not less than $2,000,000 shall 

8 be available for a national organization as author9 ized under section 703 of NAHASDA (25 U.S.C. 

10 4212): Provided further, That notwithstanding the 

11 provisions of the Federal Grant and Cooperative 

12 Agreements Act of 1977 (31 U.S.C. 6301-6308), the 

13 amounts made available under this paragraph may 

14 be used by the Secretary to enter into cooperative 

15 agreements with public and private organizations, 

16 agencies, institutions, and other technical assistance 

17 providers to support the administration of negotiated 

18 rulemaking under section 106 of NAHASDA (25 

19 U.S.C. 4116), the administration of the allocation 

20 formula under section 302 of NAHASDA (25 

21 U.S.C. 4152), and the administration of perform22 ance tracking and reporting under section 407 of 

23 NAHASDA (25 U.S.C. 4167). 


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1 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

2 ACCOUNT

3 For the cost of guaranteed loans, as authorized by 

4 section 184 of the Housing and Community Development 

5 Act of 1992 (12 U.S.C. 1715z–13a), $2,500,000, to re6 main available until expended: Provided, That such costs, 

7 including the costs of modifying such loans, shall be as 

8 defined in section 502 of the Congressional Budget Act 

9 of 1974: Provided further, That these funds are available 

10 to subsidize total loan principal, any part of which is to 

11 be guaranteed, up to $1,000,000,000, to remain available 

12 until expended: Provided further, That up to $500,000 of 

13 this amount may be for administrative contract expenses 

14 including management processes and systems to carry out 

15 the loan guarantee program. 

16 NATIVE HAWAIIAN HOUSING BLOCK GRANT

17 For the Native Hawaiian Housing Block Grant pro18 gram, as authorized under title VIII of the Native Amer19 ican Housing Assistance and Self-Determination Act of 

20 1996 (25 U.S.C. 4111 et seq.), $2,500,000, to remain 

21 available until September 30, 2024: Provided, That not22 withstanding section 812(b) of such Act, the Department 

23 of Hawaiian Home Lands may not invest grant amounts 

24 provided under this heading in investment securities and 

25 other obligations: Provided further, That amounts made 


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1 available under this heading in this and prior fiscal years 

2 may be used to provide rental assistance to eligible Native 

3 Hawaiian families both on and off the Hawaiian Home 

4 Lands, notwithstanding any other provision of law. 

5 COMMUNITY PLANNING AND DEVELOPMENT

6 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

7 For carrying out the Housing Opportunities for Per8 sons with AIDS program, as authorized by the AIDS 

9 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

10 $410,000,000, to remain available until September 30, 

11 2021, except that amounts allocated pursuant to section 

12 854(c)(5) of such Act shall remain available until Sep13 tember 30, 2022: Provided, That the Secretary shall renew 

14 all expiring contracts for permanent supportive housing 

15 that initially were funded under section 854(c)(5) of such 

16 Act from funds made available under this heading in fiscal 

17 year 2010 and prior fiscal years that meet all program 

18 requirements before awarding funds for new contracts 

19 under such section: Provided further, That the Depart20 ment shall notify grantees of their formula allocation with21 in 60 days of enactment of this Act. 

22 COMMUNITY DEVELOPMENT FUND

23 For carrying out the community development block 

24 grant program under title I of the Housing and Commu25 nity Development Act of 1974, as amended (42 U.S.C. 


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1 5301 et seq.)(‘‘the Act’’ herein), $3,600,000,000, to re2 main available until September 30, 2022, unless otherwise 

3 specified: Provided, That unless explicitly provided for 

4 under this heading, not to exceed 20 percent of any grant 

5 made with funds appropriated under this heading shall be 

6 expended for planning and management development and 

7 administration: Provided further, That a metropolitan city, 

8 urban county, unit of general local government, or insular 

9 area that directly or indirectly receives funds under this 

10 heading may not sell, trade, or otherwise transfer all or 

11 any portion of such funds to another such entity in ex12 change for any other funds, credits or non-Federal consid13 erations, but must use such funds for activities eligible 

14 under title I of the Act: Provided further, That notwith15 standing section 105(e)(1) of the Act, no funds provided 

16 under this heading may be provided to a for-profit entity 

17 for an economic development project under section 

18 105(a)(17) unless such project has been evaluated and se19 lected in accordance with guidelines required under sub20 section (e)(2): Provided further, That the Department 

21 shall notify grantees of their formula allocation within 60 

22 days of enactment of this Act. 


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1 COMMUNITY DEVELOPMENT LOAN GUARANTEES

2 PROGRAM ACCOUNT

3 Subject to section 502 of the Congressional Budget 

4 Act of 1974, during fiscal year 2020, commitments to 

5 guarantee loans under section 108 of the Housing and 

6 Community Development Act of 1974 (42 U.S.C. 5308), 

7 any part of which is guaranteed, shall not exceed a total 

8 principal amount of $300,000,000, notwithstanding any 

9 aggregate limitation on outstanding obligations guaran10 teed in subsection (k) of such section 108: Provided, That 

11 the Secretary shall collect fees from borrowers, notwith12 standing subsection (m) of such section 108, to result in 

13 a credit subsidy cost of zero for guaranteeing such loans, 

14 and any such fees shall be collected in accordance with 

15 section 502(7) of the Congressional Budget Act of 1974: 

16 Provided further, That such commitment authority funded 

17 by fees may be used to guarantee, or make commitments 

18 to guarantee, notes or other obligations issued by any 

19 State on behalf of non-entitlement communities in the 

20 State in accordance with the requirements of such section 

21 108: Provided further, That any State receiving such a 

22 guarantee or commitment under the previous proviso shall 

23 distribute all funds subject to such guarantee to the units 

24 of general local government in nonentitlement areas that 

25 received the commitment. 


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1 HOME INVESTMENT PARTNERSHIPS PROGRAM

2 For the HOME Investment Partnerships program, as 

3 authorized under title II of the Cranston-Gonzalez Na4 tional Affordable Housing Act, as amended, 

5 $1,750,000,000, to remain available until September 30, 

6 2023: Provided, That notwithstanding the amount made 

7 available under this heading, the threshold reduction re8 quirements in sections 216(10) and 217(b)(4) of such Act 

9 (42 U.S.C. 12746(10), 12747(b)(4)) shall not apply to al10 locations of such amount: Provided further, That the De11 partment shall notify grantees of their formula allocation 

12 within 60 days of enactment of this Act: Provided further, 

13 That section 218(g) of such Act (42 U.S.C. 12748(g)) 

14 shall not apply with respect to the right of a jurisdiction 

15 to draw funds from its HOME Investment Trust Fund 

16 that otherwise expired or would expire in 2016, 2017, 

17 2018, 2019, 2020, 2021, or 2022 under that section: Pro18 vided further, That section 231(b) of such Act (42 U.S.C. 

19 12771(b)) shall not apply to any uninvested funds that 

20 otherwise were deducted or would be deducted from the 

21 line of credit in the participating jurisdiction’s HOME In22 vestment Trust Fund in 2018, 2019, 2020, 2021, or 2022 

23 under that section and the funds shall be invested only 

24 in housing to be developed, sponsored, or owned by com25 munity housing development organizations. 


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1 SELF-HELP AND ASSISTED HOMEOWNERSHIP

2 OPPORTUNITY PROGRAM

3 For the Self-Help and Assisted Homeownership Op4 portunity Program, as authorized under section 11 of the 

5 Housing Opportunity Program Extension Act of 1996, as 

6 amended, $55,000,000, to remain available until Sep7 tember 30, 2022: Provided, That of the total amount pro8 vided under this heading, $10,000,000 shall be made 

9 available to the Self-Help Homeownership Opportunity 

10 Program as authorized under section 11 of the Housing 

11 Opportunity Program Extension Act of 1996, as amended: 

12 Provided further, That of the total amount provided under 

13 this heading, $40,000,000 shall be made available for the 

14 second, third, and fourth capacity building activities au15 thorized under section 4(a) of the HUD Demonstration 

16 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

17 $5,000,000 shall be made available for rural capacity 

18 building activities: Provided further, That of the total 

19 amount provided under this heading, $5,000,000 shall be 

20 made available for capacity building by national rural 

21 housing organizations with experience assessing national 

22 rural conditions and providing financing, training, tech23 nical assistance, information, and research to local non24 profits, local governments, and Indian Tribes serving high 

25 need rural communities. 


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1 HOMELESS ASSISTANCE GRANTS

2 For the Emergency Solutions Grants program as au3 thorized under subtitle B of title IV of the McKinney4 Vento Homeless Assistance Act, as amended; the Con5 tinuum of Care program as authorized under subtitle C 

6 of title IV of such Act; and the Rural Housing Stability 

7 Assistance program as authorized under subtitle D of title 

8 IV of such Act, $2,800,000,000, to remain available until 

9 September 30, 2022: Provided, That not less than 

10 $290,000,000 of the funds appropriated under this head11 ing shall be available for such Emergency Solutions 

12 Grants program: Provided further, That not less than 

13 $2,344,000,000 of the funds appropriated under this 

14 heading shall be available for such Continuum of Care and 

15 Rural Housing Stability Assistance programs: Provided 

16 further, That of the amounts made available under this 

17 heading, up to $50,000,000 shall be made available for 

18 grants for rapid re-housing projects and supportive service 

19 projects providing coordinated entry, and for eligible ac20 tivities the Secretary determines to be critical in order to 

21 assist survivors of domestic violence, sexual assault, dating 

22 violence, and stalking: Provided further, That such 

23 projects shall be eligible for renewal under the continuum 

24 of care program subject to the same terms and conditions 

25 as other renewal applicants: Provided further, That up to 


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1 $7,000,000 of the funds appropriated under this heading 

2 shall be available for the national homeless data analysis 

3 project: Provided further, That for all match requirements 

4 applicable to funds made available under this heading for 

5 this fiscal year and prior fiscal years, a grantee may use 

6 (or could have used) as a source of match funds other 

7 funds administered by the Secretary and other Federal 

8 agencies unless there is (or was) a specific statutory prohi9 bition on any such use of any such funds: Provided further, 

10 That none of the funds provided under this heading shall 

11 be available to provide funding for new projects, except 

12 for projects created through reallocation, unless the Sec13 retary determines that the continuum of care has dem14 onstrated that projects are evaluated and ranked based 

15 on the degree to which they improve the continuum of 

16 care’s system performance: Provided further, That the 

17 Secretary shall prioritize funding under the Continuum of 

18 Care program to continuums of care that have dem19 onstrated a capacity to reallocate funding from lower per20 forming projects to higher performing projects: Provided 

21 further, That all awards of assistance under this heading 

22 shall be required to coordinate and integrate homeless pro23 grams with other mainstream health, social services, and 

24 employment programs for which homeless populations 

25 may be eligible: Provided further, That any unobligated 


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1 amounts remaining from funds appropriated under this 

2 heading in fiscal year 2012 and prior years for project3 based rental assistance for rehabilitation projects with 10- 

4 year grant terms may be used for purposes under this 

5 heading, notwithstanding the purposes for which such 

6 funds were appropriated: Provided further, That all bal7 ances for Shelter Plus Care renewals previously funded 

8 from the Shelter Plus Care Renewal account and trans9 ferred to this account shall be available, if recaptured, for 

10 Continuum of Care renewals in fiscal year 2020: Provided 

11 further, That the Department shall notify grantees of their 

12 formula allocation from amounts allocated (which may 

13 represent initial or final amounts allocated) for the Emer14 gency Solutions Grant program within 60 days of enact15 ment of this Act: Provided further, That up to 

16 $100,000,000 of the funds appropriated under this head17 ing shall be to implement projects to demonstrate how a 

18 comprehensive approach to serving homeless youth, age 24 

19 and under, in up to 25 communities can dramatically re20 duce youth homelessness: Provided further, That of the 

21 amount made available under the previous proviso, up to 

22 $10,000,000 shall be available to provide technical assist23 ance on improving system responses to youth homeless24 ness, and collection, analysis, use, and reporting of data 

25 and performance measures under the comprehensive apVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 proaches to serve homeless youth, in addition to and in 

2 coordination with other technical assistance funds pro3 vided under this title: Provided further, That the Secretary 

4 may use up to 10 percent of the amount made available 

5 under the previous proviso to build the capacity of current 

6 technical assistance providers or to train new technical as7 sistance providers with verifiable prior experience with sys8 tems and programs for youth experiencing homelessness: 

9 Provided further, That such projects shall be eligible for 

10 renewal under the continuum of care program subject to 

11 the same terms and conditions as other renewal appli12 cants: Provided further, That youth aged 24 and under 

13 seeking assistance under this heading shall not be required 

14 to provide third party documentation to establish their eli15 gibility under 42 U.S.C. 11302(a) or (b) to receive serv16 ices: Provided further, That unaccompanied youth aged 24 

17 and under or families headed by youth aged 24 and under 

18 who are living in unsafe situations may be served by 

19 youth-serving providers funded under this heading: Pro20 vided further, That the Secretary shall consider and award 

21 projects based solely on the selection criteria from the fis22 cal year 2018 Notice of Funding Availability. 


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1 HOUSING PROGRAMS

2 PROJECT-BASED RENTAL ASSISTANCE

3 For activities and assistance for the provision of 

4 project-based subsidy contracts under the United States 

5 Housing Act of 1937 (42 U.S.C. 1437 et seq.) (‘‘the 

6 Act’’), not otherwise provided for, $12,190,000,000, to re7 main available until expended, shall be available on Octo8 ber 1, 2019 (in addition to the $400,000,000 previously 

9 appropriated under this heading that became available Oc10 tober 1, 2019), and $400,000,000, to remain available 

11 until expended, shall be available on October 1, 2020: Pro12 vided, That the amounts made available under this head13 ing shall be available for expiring or terminating section 

14 8 project-based subsidy contracts (including section 8 

15 moderate rehabilitation contracts), for amendments to sec16 tion 8 project-based subsidy contracts (including section 

17 8 moderate rehabilitation contracts), for contracts entered 

18 into pursuant to section 441 of the McKinney-Vento 

19 Homeless Assistance Act (42 U.S.C. 11401), for renewal 

20 of section 8 contracts for units in projects that are subject 

21 to approved plans of action under the Emergency Low In22 come Housing Preservation Act of 1987 or the Low-In23 come Housing Preservation and Resident Homeownership 

24 Act of 1990, and for administrative and other expenses 

25 associated with project-based activities and assistance 


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1 funded under this paragraph: Provided further, That of 

2 the total amounts provided under this heading, not to ex3 ceed $345,000,000 shall be available for performance4 based contract administrators for section 8 project-based 

5 assistance, for carrying out 42 U.S.C. 1437(f): Provided 

6 further, That the Secretary may also use such amounts 

7 in the previous proviso for performance-based contract ad8 ministrators for the administration of: interest reduction 

9 payments pursuant to section 236(a) of the National 

10 Housing Act (12 U.S.C. 1715z–1(a)); rent supplement 

11 payments pursuant to section 101 of the Housing and 

12 Urban Development Act of 1965 (12 U.S.C. 1701s); sec13 tion 236(f)(2) rental assistance payments (12 U.S.C. 

14 1715z–1(f)(2)); project rental assistance contracts for the 

15 elderly under section 202(c)(2) of the Housing Act of 

16 1959 (12 U.S.C. 1701q); project rental assistance con17 tracts for supportive housing for persons with disabilities 

18 under section 811(d)(2) of the Cranston-Gonzalez Na19 tional Affordable Housing Act (42 U.S.C. 8013(d)(2)); 

20 project assistance contracts pursuant to section 202(h) of 

21 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

22 667); and loans under section 202 of the Housing Act of 

23 1959 (Public Law 86–372; 73 Stat. 667): Provided fur24 ther, That amounts recaptured under this heading, the 

25 heading ‘‘Annual Contributions for Assisted Housing’’, or 


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1 the heading ‘‘Housing Certificate Fund’’, may be used for 

2 renewals of or amendments to section 8 project-based con3 tracts or for performance-based contract administrators, 

4 notwithstanding the purposes for which such amounts 

5 were appropriated: Provided further, That, notwith6 standing any other provision of law, upon the request of 

7 the Secretary, project funds that are held in residual re8 ceipts accounts for any project subject to a section 8 

9 project-based Housing Assistance Payments contract that 

10 authorizes HUD or a Housing Finance Agency to require 

11 that surplus project funds be deposited in an interest12 bearing residual receipts account and that are in excess 

13 of an amount to be determined by the Secretary, shall be 

14 remitted to the Department and deposited in this account, 

15 to be available until expended: Provided further, That 

16 amounts deposited pursuant to the previous proviso shall 

17 be available in addition to the amount otherwise provided 

18 by this heading for uses authorized under this heading. 

19 HOUSING FOR THE ELDERLY

20 For capital advances, including amendments to cap21 ital advance contracts, for housing for the elderly, as au22 thorized by section 202 of the Housing Act of 1959, as 

23 amended, for project rental assistance for the elderly 

24 under section 202(c)(2) of such Act, including amend25 ments to contracts for such assistance and renewal of exVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00154 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 piring contracts for such assistance for up to a 1-year 

2 term, for senior preservation rental assistance contracts, 

3 including renewals, as authorized by section 811(e) of the 

4 American Housing and Economic Opportunity Act of 

5 2000, as amended, and for supportive services associated 

6 with the housing, $803,000,000, to remain available until 

7 September 30, 2023: Provided, That of the amount pro8 vided under this heading, up to $95,000,000 shall be for 

9 service coordinators and the continuation of existing con10 gregate service grants for residents of assisted housing 

11 projects: Provided further, That amounts under this head12 ing shall be available for Real Estate Assessment Center 

13 inspections and inspection-related activities associated 

14 with section 202 projects: Provided further, That the Sec15 retary may waive the provisions of section 202 governing 

16 the terms and conditions of project rental assistance, ex17 cept that the initial contract term for such assistance shall 

18 not exceed 5 years in duration: Provided further, That 

19 upon request of the Secretary, project funds that are held 

20 in residual receipts accounts for any project subject to a 

21 section 202 project rental assistance contract and, upon 

22 termination of such contract, are in excess of an amount 

23 to be determined by the Secretary shall be remitted to the 

24 Department and deposited in this account, to remain 

25 available until September 30, 2023: Provided further, That 


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1 amounts deposited in this account pursuant to the pre2 vious proviso shall be available, in addition to the amounts 

3 otherwise provided by this heading, for amendments and 

4 renewals: Provided further, That unobligated balances, in5 cluding recaptures and carryover, remaining from funds 

6 transferred to or appropriated under this heading shall be 

7 available for amendments and renewals in addition to the 

8 purposes for which such funds originally were appro9 priated: Provided further, That of the total amount pro10 vided under this heading, $10,000,000, shall be for a pro11 gram to be established by the Secretary to make grants 

12 to experienced non-profit organizations, States, local gov13 ernments, or public housing agencies for safety and func14 tional home modification repairs to meet the needs of low15 income elderly persons to enable them to remain in their 

16 primary residence: Provided further, That of the total 

17 amount made available under the previous proviso, no less 

18 than $5,000,000 shall be available to meet such needs in 

19 communities with substantial rural populations. 

20 HOUSING FOR PERSONS WITH DISABILITIES

21 For capital advances, including amendments to cap22 ital advance contracts, for supportive housing for persons 

23 with disabilities, as authorized by section 811 of the Cran24 ston-Gonzalez National Affordable Housing Act (42 

25 U.S.C. 8013), as amended, for project rental assistance 


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1 for supportive housing for persons with disabilities under 

2 section 811(d)(2) of such Act, for project assistance con3 tracts pursuant to section 202(h) of the Housing Act of 

4 1959 (Public Law 86–372; 73 Stat. 667), including 

5 amendments to contracts for such assistance and renewal 

6 of expiring contracts for such assistance for up to a 1- 

7 year term, for project rental assistance to State housing 

8 finance agencies and other appropriate entities as author9 ized under section 811(b)(3) of the Cranston-Gonzalez 

10 National Housing Act, and for supportive services associ11 ated with the housing for persons with disabilities as au12 thorized by section 811(b)(1) of such Act, $258,510,000, 

13 to remain available until September 30, 2023: Provided, 

14 That amounts made available under this heading shall be 

15 available for Real Estate Assessment Center inspections 

16 and inspection-related activities associated with section 

17 811 projects: Provided further, That, upon the request of 

18 the Secretary, project funds that are held in residual re19 ceipts accounts for any project subject to a section 811 

20 project rental assistance contract and, upon termination 

21 of such contract, are in excess of an amount to be deter22 mined by the Secretary shall be remitted to the Depart23 ment and deposited in this account, to remain available 

24 until September 30, 2023: Provided further, That amounts 

25 deposited in this account pursuant to the previous proviso 


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1 shall be available in addition to the amounts otherwise 

2 provided by this heading for amendments and renewals: 

3 Provided further, That unobligated balances, including re4 captures and carryover, remaining from funds transferred 

5 to or appropriated under this heading shall be used for 

6 amendments and renewals in addition to the purposes for 

7 which such funds originally were appropriated. 

8 HOUSING COUNSELING ASSISTANCE

9 For contracts, grants, and other assistance excluding 

10 loans, as authorized under section 106 of the Housing and 

11 Urban Development Act of 1968, as amended, 

12 $60,000,000, to remain available until September 30, 

13 2021, including up to $4,500,000 for administrative con14 tract services: Provided, That grants made available from 

15 amounts provided under this heading shall be awarded 

16 within 180 days of enactment of this Act: Provided further, 

17 That funds shall be used for providing counseling and ad18 vice to tenants and homeowners, both current and pro19 spective, with respect to property maintenance, financial 

20 management or literacy, and such other matters as may 

21 be appropriate to assist them in improving their housing 

22 conditions, meeting their financial needs, and fulfilling the 

23 responsibilities of tenancy or homeownership; for program 

24 administration; and for housing counselor training: Pro25 vided further, That for purposes of providing such grants 


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1 from amounts provided under this heading, the Secretary 

2 may enter into multiyear agreements, as appropriate, sub3 ject to the availability of annual appropriations. 

4 RENTAL HOUSING ASSISTANCE

5 For amendments to contracts under section 101 of 

6 the Housing and Urban Development Act of 1965 (12 

7 U.S.C. 1701s) and section 236(f)(2) of the National 

8 Housing Act (12 U.S.C. 1715z–1) in State-aided, non9 insured rental housing projects, $3,000,000, to remain 

10 available until expended: Provided, That such amount, to11 gether with unobligated balances from recaptured 

12 amounts appropriated prior to fiscal year 2006 from ter13 minated contracts under such sections of law, and any un14 obligated balances, including recaptures and carryover, re15 maining from funds appropriated under this heading after 

16 fiscal year 2005, shall also be available for extensions of 

17 up to one year for expiring contracts under such sections 

18 of law. 

19 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

20 FUND

21 For necessary expenses as authorized by the National 

22 Manufactured Housing Construction and Safety Stand23 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

24 $12,400,000, to remain available until expended, of which 

25 $12,400,000 is to be derived from the Manufactured 


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1 Housing Fees Trust Fund: Provided, That not to exceed 

2 the total amount appropriated under this heading shall be 

3 available from the general fund of the Treasury to the ex4 tent necessary to incur obligations and make expenditures 

5 pending the receipt of collections to the Fund pursuant 

6 to section 620 of such Act: Provided further, That the 

7 amount made available under this heading from the gen8 eral fund shall be reduced as such collections are received 

9 during fiscal year 2020 so as to result in a final fiscal 

10 year 2020 appropriation from the general fund estimated 

11 at zero, and fees pursuant to such section 620 shall be 

12 modified as necessary to ensure such a final fiscal year 

13 2020 appropriation: Provided further, That for the dispute 

14 resolution and installation programs, the Secretary of 

15 Housing and Urban Development may assess and collect 

16 fees from any program participant: Provided further, That 

17 such collections shall be deposited into the Fund, and the 

18 Secretary, as provided herein, may use such collections, 

19 as well as fees collected under section 620, for necessary 

20 expenses of such Act: Provided further, That, notwith21 standing the requirements of section 620 of such Act, the 

22 Secretary may carry out responsibilities of the Secretary 

23 under such Act through the use of approved service pro24 viders that are paid directly by the recipients of their serv25 ices. 


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1 FEDERAL HOUSING ADMINISTRATION

2 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

3 New commitments to guarantee single family loans 

4 insured under the Mutual Mortgage Insurance Fund shall 

5 not exceed $400,000,000,000, to remain available until 

6 September 30, 2021: Provided, That during fiscal year 

7 2020, obligations to make direct loans to carry out the 

8 purposes of section 204(g) of the National Housing Act, 

9 as amended, shall not exceed $1,000,000: Provided fur10 ther, That the foregoing amount in the previous proviso 

11 shall be for loans to nonprofit and governmental entities 

12 in connection with sales of single family real properties 

13 owned by the Secretary and formerly insured under the 

14 Mutual Mortgage Insurance Fund: Provided further, That 

15 for administrative contract expenses of the Federal Hous16 ing Administration, $130,000,000, to remain available 

17 until September 30, 2021: Provided further, That to the 

18 extent guaranteed loan commitments exceed 

19 $200,000,000,000 on or before April 1, 2020, an addi20 tional $1,400 for administrative contract expenses shall be 

21 available for each $1,000,000 in additional guaranteed 

22 loan commitments (including a pro rata amount for any 

23 amount below $1,000,000), but in no case shall funds 

24 made available by this proviso exceed $30,000,000: Pro25 vided further, That notwithstanding the limitation in the 


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1 first sentence of section 255(g) of the National Housing 

2 Act (12 U.S.C. 1715z–20(g)), during fiscal year 2020 the 

3 Secretary may insure and enter into new commitments to 

4 insure mortgages under section 255 of the National Hous5 ing Act only to the extent that the net credit subsidy cost 

6 for such insurance does not exceed zero: Provided further, 

7 That for fiscal year 2020, the Secretary shall not take any 

8 action against a lender solely on the basis of compare ra9 tios that have been adversely affected by defaults on mort10 gages secured by properties in areas where a major dis11 aster was declared in 2017 or 2018 pursuant to the Rob12 ert T. Stafford Disaster Relief and Emergency Assistance 

13 Act (42 U.S.C. 5121 et seq.). 

14 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

15 New commitments to guarantee loans insured under 

16 the General and Special Risk Insurance Funds, as author17 ized by sections 238 and 519 of the National Housing Act 

18 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

19 $30,000,000,000 in total loan principal, any part of which 

20 is to be guaranteed, to remain available until September 

21 30, 2021: Provided, That during fiscal year 2020, gross 

22 obligations for the principal amount of direct loans, as au23 thorized by sections 204(g), 207(l), 238, and 519(a) of 

24 the National Housing Act, shall not exceed $1,000,000, 

25 which shall be for loans to nonprofit and governmental enVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00162 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 tities in connection with the sale of single family real prop2 erties owned by the Secretary and formerly insured under 

3 such Act. 

4 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

5 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

6 GUARANTEE PROGRAM ACCOUNT

7 New commitments to issue guarantees to carry out 

8 the purposes of section 306 of the National Housing Act, 

9 as amended (12 U.S.C. 1721(g)), shall not exceed 

10 $550,000,000,000, to remain available until September 

11 30, 2021: Provided, That $27,000,000, to remain avail12 able until September 30, 2021, shall be for necessary sala13 ries and expenses of the Office of Government National 

14 Mortgage Association: Provided further, That to the extent 

15 that guaranteed loan commitments exceed 

16 $155,000,000,000 on or before April 1, 2020, an addi17 tional $100 for necessary salaries and expenses shall be 

18 available until expended for each $1,000,000 in additional 

19 guaranteed loan commitments (including a pro rata 

20 amount for any amount below $1,000,000), but in no case 

21 shall funds made available by this proviso exceed 

22 $3,000,000: Provided further, That receipts from Commit23 ment and Multiclass fees collected pursuant to title III of 

24 the National Housing Act, as amended, shall be credited 

25 as offsetting collections to this account. 


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1 POLICY DEVELOPMENT AND RESEARCH

2 RESEARCH AND TECHNOLOGY

3 For contracts, grants, and necessary expenses of pro4 grams of research and studies relating to housing and 

5 urban problems, as authorized by title V of the Housing 

6 and Urban Development Act of 1970 (12 U.S.C. 1701z– 

7 1 et seq.), including carrying out the functions of the Sec8 retary of Housing and Urban Development under section 

9 1(a)(1)(i) of Reorganization Plan No. 2 of 1968, and for 

10 technical assistance, $98,000,000, to remain available 

11 until September 30, 2021: Provided, That the amounts 

12 made available under this heading may be used for the 

13 types of research and studies otherwise provided for and 

14 authorized elsewhere under this title: Provided further, 

15 That with respect to amounts made available under this 

16 heading, notwithstanding section 203 of this title, the Sec17 retary may enter into cooperative agreements funded with 

18 philanthropic entities, other Federal agencies, State or 

19 local governments and their agencies, Indian tribes, trib20 ally designated housing entities, or colleges or universities 

21 for research projects: Provided further, That with respect 

22 to the previous proviso, such partners to the cooperative 

23 agreements must contribute at least a 50 percent match 

24 toward the cost of the project: Provided further, That for 

25 non-competitive agreements entered into in accordance 


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1 with the previous two provisos, the Secretary of Housing 

2 and Urban Development shall comply with section 2(b) of 

3 the Federal Funding Accountability and Transparency 

4 Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu 

5 of compliance with section 102(a)(4)(C) with respect to 

6 documentation of award decisions: Provided further, That 

7 prior to obligation of technical assistance funding, the Sec8 retary shall submit a plan, for approval, to the House and 

9 Senate Committees on Appropriations on how it will allo10 cate funding for this activity: Provided further, That none 

11 of the funds provided under this heading may be available 

12 for the doctoral dissertation research grant program. 

13 FAIR HOUSING AND EQUAL OPPORTUNITY

14 FAIR HOUSING ACTIVITIES

15 For contracts, grants, and other assistance, not oth16 erwise provided for, as authorized by title VIII of the Civil 

17 Rights Act of 1968, as amended by the Fair Housing 

18 Amendments Act of 1988, and section 561 of the Housing 

19 and Community Development Act of 1987, as amended, 

20 $75,300,000, to remain available until September 30, 

21 2021: Provided, That grants made available from amounts 

22 provided under this heading shall be awarded within 120 

23 days of enactment of this Act: Provided further, That not24 withstanding 31 U.S.C. 3302, the Secretary may assess 

25 and collect fees to cover the costs of the Fair Housing 


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1 Training Academy, and may use such funds to develop on2 line courses and provide such training: Provided further, 

3 That of the funds made available under this heading, up 

4 to $450,000 shall be available to the Secretary of Housing 

5 and Urban Development for the creation and promotion 

6 of translated materials and other programs that support 

7 the assistance of persons with limited English proficiency 

8 in utilizing the services provided by the Department of 

9 Housing and Urban Development. 

10 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

11 HOMES

12 LEAD HAZARD REDUCTION

13 For the Lead Hazard Reduction Program, as author14 ized by section 1011 of the Residential Lead-Based Paint 

15 Hazard Reduction Act of 1992, $290,000,000, to remain 

16 available until September 30, 2022, of which $56,000,000 

17 shall be for the Healthy Homes Initiative, pursuant to sec18 tions 501 and 502 of the Housing and Urban Develop19 ment Act of 1970, which shall include research, studies, 

20 testing, and demonstration efforts, including education 

21 and outreach concerning lead-based paint poisoning and 

22 other housing-related diseases and hazards: Provided, 

23 That for purposes of environmental review, pursuant to 

24 the National Environmental Policy Act of 1969 (42 U.S.C. 

25 4321 et seq.) and other provisions of law that further the 


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1 purposes of such Act, a grant under the Healthy Homes 

2 Initiative, or the Lead Technical Studies program under 

3 this heading or under prior appropriations Acts for such 

4 purposes under this heading, shall be considered to be 

5 funds for a special project for purposes of section 305(c) 

6 of the Multifamily Housing Property Disposition Reform 

7 Act of 1994: Provided further, That not less than 

8 $95,000,000 of the amounts made available under this 

9 heading for the award of grants pursuant to section 1011 

10 of the Residential Lead-Based Paint Hazard Reduction 

11 Act of 1992 shall be provided to areas with the highest 

12 lead-based paint abatement needs: Provided further, That 

13 of the amount made available for the Healthy Homes Ini14 tiative, $5,000,000 shall be for the implementation of 

15 projects in up to five communities that are served by both 

16 the Healthy Homes Initiative and Department of Energy 

17 weatherization programs to demonstrate whether the co18 ordination of Healthy Homes remediation activities with 

19 weatherization activities achieves cost savings and better 

20 outcomes in improving the safety and quality of homes: 

21 Provided further, That each applicant shall certify ade22 quate capacity that is acceptable to the Secretary to carry 

23 out the proposed use of funds pursuant to a notice of 

24 funding availability: Provided further, That amounts made 

25 available under this heading in this or prior appropriations 


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1 Acts, still remaining available, may be used for any pur2 pose under this heading notwithstanding the purpose for 

3 which such amounts were appropriated if a program com4 petition is undersubscribed and there are other program 

5 competitions under this heading that are oversubscribed. 

6 CYBERSECURITY AND INFORMATION TECHNOLOGY FUND

7 For the mitigation against the exploitation of infor8 mation technology systems and personally identifiable in9 formation; for the development, modernization, and en10 hancement of, modifications to, and infrastructure for De11 partment-wide and program-specific information tech12 nology systems, and for the continuing operation and 

13 maintenance of both Department-wide and program-spe14 cific information systems, and for program-related mainte15 nance activities, $300,000,000, to remain available until 

16 September 30, 2021, of which $20,000,000 may be used 

17 for single family information technology systems of the 

18 Federal Housing Administration: Provided, That any 

19 amounts transferred to this Fund under this Act shall re20 main available until expended: Provided further, That any 

21 amounts transferred to this Fund from amounts appro22 priated by previously enacted appropriations Acts may be 

23 used for the purposes specified under this Fund, in addi24 tion to any other information technology purposes for 

25 which such amounts were appropriated: Provided further, 


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1 That not more than 10 percent of the funds made avail2 able under this heading for development, modernization 

3 and enhancement may be obligated until the Secretary 

4 submits to the House and Senate Committees on Appro5 priations, for approval, a plan for expenditure that—(A) 

6 identifies for each modernization project: (i) the functional 

7 and performance capabilities to be delivered and the mis8 sion benefits to be realized, (ii) the estimated life-cycle 

9 cost, and (iii) key milestones to be met; and (B) dem10 onstrates that each modernization project is: (i) compliant 

11 with the Department’s enterprise architecture, (ii) being 

12 managed in accordance with applicable life-cycle manage13 ment policies and guidance, (iii) subject to the Depart14 ment’s capital planning and investment control require15 ments, and (iv) supported by an adequately staffed project 

16 office. 

17 OFFICE OF INSPECTOR GENERAL

18 For necessary salaries and expenses of the Office of 

19 Inspector General in carrying out the Inspector General 

20 Act of 1978, as amended, $132,489,000: Provided, That 

21 the Inspector General shall have independent authority 

22 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 RESCISSIONS)

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 2020 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 2020 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 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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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 2021, 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 2020 and 2021, 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 2020, 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. Public housing agencies that own and oper24 ate 400 or fewer public housing units may elect to be ex25 empt from any asset management requirement imposed by 


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1 the Secretary of Housing and Urban Development in con2 nection with the operating fund rule: Provided, That an 

3 agency seeking a discontinuance of a reduction of subsidy 

4 under the operating fund formula shall not be exempt 

5 from asset management requirements. 

6 SEC. 215. With respect to the use of amounts pro7 vided in this Act and in future Acts for the operation, cap8 ital improvement and management of public housing as 

9 authorized by sections 9(d) and 9(e) of the United States 

10 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

11 Secretary shall not impose any requirement or guideline 

12 relating to asset management that restricts or limits in 

13 any way the use of capital funds for central office costs 

14 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

15 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro16 vided, That a public housing agency may not use capital 

17 funds authorized under section 9(d) for activities that are 

18 eligible under section 9(e) for assistance with amounts 

19 from the operating fund in excess of the amounts per20 mitted under section 9(g)(1) or 9(g)(2). 

21 SEC. 216. No official or employee of the Department 

22 of Housing and Urban Development shall be designated 

23 as an allotment holder unless the Office of the Chief Fi24 nancial Officer has determined that such allotment holder 

25 has implemented an adequate system of funds control and 


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1 has received training in funds control procedures and di2 rectives. The Chief Financial Officer shall ensure that 

3 there is a trained allotment holder for each HUD appro4 priation under the accounts ‘‘Executive Offices’’ and ‘‘Ad5 ministrative Support Offices,’’ as well as each paragraph 

6 receiving appropriations under the heading ‘‘Program Of7 fice Salaries and Expenses’’, ‘‘Government National Mort8 gage Association—Guarantees of Mortgage-Backed Secu9 rities Loan Guarantee Program Account’’, and ‘‘Office of 

10 Inspector General’’ within the Department of Housing and 

11 Urban Development. 

12 SEC. 217. The Secretary of the Department of Hous13 ing and Urban Development shall, for fiscal year 2020, 

14 notify the public through the Federal Register and other 

15 means, as determined appropriate, of the issuance of a no16 tice of the availability of assistance or notice of funding 

17 availability (NOFA) for any program or discretionary 

18 fund administered by the Secretary that is to be competi19 tively awarded. Notwithstanding any other provision of 

20 law, for fiscal year 2020, the Secretary may make the 

21 NOFA available only on the Internet at the appropriate 

22 Government web site or through other electronic media, 

23 as determined by the Secretary. 

24 SEC. 218. Payment of attorney fees in program-re25 lated litigation shall be paid from the individual program 


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1 office and Office of General Counsel salaries and expenses 

2 appropriations. The annual budget submission for the pro3 gram offices and the Office of General Counsel shall in4 clude any such projected litigation costs for attorney fees 

5 as a separate line item request. No funds provided in this 

6 title may be used to pay any such litigation costs for attor7 ney fees until the Department submits for review a spend8 ing plan for such costs to the House and Senate Commit9 tees on Appropriations. 

10 SEC. 219. The Secretary is authorized to transfer up 

11 to 10 percent or $5,000,000, whichever is less, of funds 

12 appropriated for any office under the heading ‘‘Adminis13 trative Support Offices’’ or for any paragraph under the 

14 heading ‘‘Program Office Salaries and Expenses’’ to any 

15 other such office or account: Provided, That no appropria16 tion for any such office or account shall be increased or 

17 decreased by more than 10 percent or $5,000,000, which18 ever is less, without prior written approval of the House 

19 and Senate Committees on Appropriations: Provided fur20 ther, That the Secretary shall provide notification to such 

21 Committees three business days in advance of any such 

22 transfers under this section up to 10 percent or 

23 $5,000,000, whichever is less. 

24 SEC. 220. (a) Any entity receiving housing assistance 

25 payments shall maintain decent, safe, and sanitary condiVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00185 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 tions, as determined by the Secretary of Housing and 

2 Urban Development (in this section referred to as the 

3 ‘‘Secretary’’), and comply with any standards under appli4 cable State or local laws, rules, ordinances, or regulations 

5 relating to the physical condition of any property covered 

6 under a housing assistance payment contract. 

7 (b) The Secretary shall take action under subsection 

8 (c) when a multifamily housing project with a section 8 

9 contract or contract for similar project-based assistance— 

10 (1) receives a Uniform Physical Condition 

11 Standards (UPCS) score of 60 or less; or 

12 (2) fails to certify in writing to the Secretary 

13 within 3 days that all Exigent Health and Safety de14 ficiencies identified by the inspector at the project 

15 have been corrected. 

16 Such requirements shall apply to insured and noninsured 

17 projects with assistance attached to the units under sec18 tion 8 of the United States Housing Act of 1937 (42 

19 U.S.C. 1437f), but do not apply to such units assisted 

20 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

21 public housing units assisted with capital or operating 

22 funds under section 9 of the United States Housing Act 

23 of 1937 (42 U.S.C. 1437g). 

24 (c)(1) Within 15 days of the issuance of the REAC 

25 inspection, the Secretary must provide the owner with a 


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1 Notice of Default with a specified timetable, determined 

2 by the Secretary, for correcting all deficiencies. The Sec3 retary must also provide a copy of the Notice of Default 

4 to the tenants, the local government, any mortgagees, and 

5 any contract administrator. If the owner’s appeal results 

6 in a UPCS score of 60 or above, the Secretary may with7 draw the Notice of Default. 

8 (2) At the end of the time period for correcting all 

9 deficiencies specified in the Notice of Default, if the owner 

10 fails to fully correct such deficiencies, the Secretary may— 

11 (A) require immediate replacement of project 

12 management with a management agent approved by 

13 the Secretary; 

14 (B) impose civil money penalties, which shall be 

15 used solely for the purpose of supporting safe and 

16 sanitary conditions at applicable properties, as des17 ignated by the Secretary, with priority given to the 

18 tenants of the property affected by the penalty; 

19 (C) abate the section 8 contract, including par20 tial abatement, as determined by the Secretary, until 

21 all deficiencies have been corrected; 

22 (D) pursue transfer of the project to an owner, 

23 approved by the Secretary under established proce24 dures, which will be obligated to promptly make all 


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1 required repairs and to accept renewal of the assist2 ance contract as long as such renewal is offered; 

3 (E) transfer the existing section 8 contract to 

4 another project or projects and owner or owners; 

5 (F) pursue exclusionary sanctions, including 

6 suspensions or debarments from Federal programs; 

7 (G) seek judicial appointment of a receiver to 

8 manage the property and cure all project deficiencies 

9 or seek a judicial order of specific performance re10 quiring the owner to cure all project deficiencies; 

11 (H) work with the owner, lender, or other re12 lated party to stabilize the property in an attempt 

13 to preserve the property through compliance, trans14 fer of ownership, or an infusion of capital provided 

15 by a third-party that requires time to effectuate; or 

16 (I) take any other regulatory or contractual 

17 remedies available as deemed necessary and appro18 priate by the Secretary. 

19 (d) The Secretary shall also take appropriate steps 

20 to ensure that project-based contracts remain in effect, 

21 subject to the exercise of contractual abatement remedies 

22 to assist relocation of tenants for major threats to health 

23 and safety after written notice to the affected tenants. To 

24 the extent the Secretary determines, in consultation with 

25 the tenants and the local government, that the property 


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1 is not feasible for continued rental assistance payments 

2 under such section 8 or other programs, based on consid3 eration of— 

4 (1) the costs of rehabilitating and operating the 

5 property and all available Federal, State, and local 

6 resources, including rent adjustments under section 

7 524 of the Multifamily Assisted Housing Reform 

8 and Affordability Act of 1997 (‘‘MAHRAA’’); and 

9 (2) environmental conditions that cannot be 

10 remedied in a cost-effective fashion, the Secretary 

11 may contract for project-based rental assistance pay12 ments with an owner or owners of other existing 

13 housing properties, or provide other rental assist14 ance. 

15 (e) The Secretary shall report quarterly on all prop16 erties covered by this section that are assessed through 

17 the Real Estate Assessment Center and have UPCS phys18 ical inspection scores of less than 60 or have received an 

19 unsatisfactory management and occupancy review within 

20 the past 36 months. The report shall include— 

21 (1) the enforcement actions being taken to ad22 dress such conditions, including imposition of civil 

23 money penalties and termination of subsidies, and 

24 identify properties that have such conditions mul25 tiple times; 


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1 (2) actions that the Department of Housing 

2 and Urban Development is taking to protect tenants 

3 of such identified properties; and 

4 (3) any administrative or legislative rec5 ommendations to further improve the living condi6 tions at properties covered under a housing assist7 ance payment contract. 

8 This report shall be due to the Senate and House Commit9 tees on Appropriations no later than 30 days after the 

10 enactment of this Act, and on the first business day of 

11 each Federal fiscal year quarter thereafter while this sec12 tion remains in effect. 

13 SEC. 221. None of the funds made available by this 

14 Act, or any other Act, for purposes authorized under sec15 tion 8 (only with respect to the tenant-based rental assist16 ance program) and section 9 of the United States Housing 

17 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

18 any public housing agency for any amount of salary, in19 cluding bonuses, for the chief executive officer of which, 

20 or any other official or employee of which, that exceeds 

21 the annual rate of basic pay payable for a position at level 

22 IV of the Executive Schedule at any time during any pub23 lic housing agency fiscal year 2020. 

24 SEC. 222. None of the funds in this Act provided to 

25 the Department of Housing and Urban Development may 


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1 be used to make a grant award unless the Secretary noti2 fies the House and Senate Committees on Appropriations 

3 not less than 3 full business days before any project, 

4 State, locality, housing authority, tribe, nonprofit organi5 zation, or other entity selected to receive a grant award 

6 is announced by the Department or its offices. 

7 SEC. 223. None of the funds made available by this 

8 Act may be used to require or enforce the Physical Needs 

9 Assessment (PNA). 

10 SEC. 224. None of the funds made available in this 

11 Act shall be used by the Federal Housing Administration, 

12 the Government National Mortgage Administration, or the 

13 Department of Housing and Urban Development to in14 sure, securitize, or establish a Federal guarantee of any 

15 mortgage or mortgage backed security that refinances or 

16 otherwise replaces a mortgage that has been subject to 

17 eminent domain condemnation or seizure, by a State, mu18 nicipality, or any other political subdivision of a State. 

19 SEC. 225. None of the funds made available by this 

20 Act may be used to terminate the status of a unit of gen21 eral local government as a metropolitan city (as defined 

22 in section 102 of the Housing and Community Develop23 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

24 grants under section 106 of such Act (42 U.S.C. 5306). 


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1 SEC. 226. Amounts made available under this Act 

2 which are either appropriated, allocated, advanced on a 

3 reimbursable basis, or transferred to the Office of Policy 

4 Development and Research in the Department of Housing 

5 and Urban Development and functions thereof, for re6 search, evaluation, or statistical purposes, and which are 

7 unexpended at the time of completion of a contract, grant, 

8 or cooperative agreement, may be deobligated and shall 

9 immediately become available and may be reobligated in 

10 that fiscal year or the subsequent fiscal year for the re11 search, evaluation, or statistical purposes for which the 

12 amounts are made available to that Office subject to re13 programming requirements in section 405 of this Act. 

14 SEC. 227. Funds made available in this title under 

15 the heading ‘‘Homeless Assistance Grants’’ may be used 

16 by the Secretary to participate in Performance Partner17 ship Pilots authorized under section 526 of division H of 

18 Public Law 113–76, section 524 of division G of Public 

19 Law 113–235, section 525 of division H of Public Law 

20 114–113, and such authorities as are enacted for Perform21 ance Partnership Pilots in an appropriations Act for fiscal 

22 year 2019: Provided, That such participation shall be lim23 ited to no more than 10 continuums of care and housing 

24 activities to improve outcomes for disconnected youth. 


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1 SEC. 228. With respect to grant amounts awarded 

2 under the heading ‘‘Homeless Assistance Grants’’ for fis3 cal years 2015 and subsequent fiscal years for the con4 tinuum of care (CoC) program as authorized under sub5 title C of title IV of the McKinney-Vento Homeless Assist6 ance Act, costs paid by program income of grant recipients 

7 may count toward meeting the recipient’s matching re8 quirements, provided the costs are eligible CoC costs that 

9 supplement the recipient’s CoC program. 

10 SEC. 229. (a) From amounts made available under 

11 this title under the heading ‘‘Homeless Assistance 

12 Grants’’, the Secretary may award 1-year transition 

13 grants to recipients of funds for activities under subtitle 

14 C of the McKinney-Vento Homeless Assistance Act (42 

15 U.S.C. 11381 et seq.) to transition from one Continuum 

16 of Care program component to another. 

17 (b) No more than 50 percent of each transition grant 

18 may be used for costs of eligible activities of the program 

19 component originally funded. 

20 (c) Transition grants made under this section are eli21 gible for renewal in subsequent fiscal years for the eligible 

22 activities of the new program component. 

23 (d) In order to be eligible to receive a transition 

24 grant, the funding recipient must have the consent of the 


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1 Continuum of Care and meet standards determined by the 

2 Secretary. 

3 SEC. 230. None of the funds made available by this 

4 Act may be used by the Department of Housing and 

5 Urban Development to direct a grantee to undertake spe6 cific changes to existing zoning laws as part of carrying 

7 out the final rule entitled ‘‘Affirmatively Furthering Fair 

8 Housing’’ (80 Fed. Reg. 42272 (July 16, 2015)) or the 

9 notice entitled ‘‘Affirmatively Furthering Fair Housing 

10 Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 

11 2014)). 

12 SEC. 231. (a) ESTABLISHMENT OF FUND.—There is 

13 hereby established in the Treasury of the United States 

14 a fund to be known as HUD HAG Fund (in this section 

15 referred to as the ‘‘Fund’’). 

16 (b) CREDITS TO FUND.— 

17 (1) FUTURE TRANSFERS.—Unobligated bal18 ances of recaptured funds (except for amounts nec19 essary for grant amount corrections) appropriated 

20 by any Act in this or any subsequent fiscal year 

21 under the account for ‘‘Department of Housing and 

22 Urban Development—Community Planning and De23 velopment—Homeless Assistance Grants’’ (in this 

24 section referred to as the ‘‘HAG account’’) shall be 

25 transferred into the Fund. 


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1 (2) RESCISSION AND AVAILABILITY OF FISCAL

2 YEAR 2018 AMOUNTS.—Of any amounts appropriated 

3 under the HAG account by the Transportation, 

4 Housing and Urban Development, and Related 

5 Agencies Appropriations Act, 2018 (division L of 

6 Public Law 115-141), 90 percent of any balances re7 maining unobligated as of September 1, 2020, are 

8 hereby rescinded, and an amount of additional new 

9 budget authority equivalent to the amount rescinded 

10 is hereby appropriated and shall be transferred to 

11 the Fund. 

12 (c) PURPOSES.—Amounts transferred to the Fund 

13 shall be available until expended, and in addition to such 

14 other funds as may be available for such purposes, only 

15 for the following purposes: 

16 (1) For grants under the Continuum of Care 

17 program under subtitle C of title IV of the McKin18 ney-Vento Homeless Assistance Act (42 U.S.C. 

19 11381 et seq.). 

20 (2) For grants under the Emergency Solutions 

21 Grant program under subtitle B of title IV of such 

22 Act (42 U.S.C. 11371 et seq.). 

23 (3) Not less than 10 percent of amounts trans24 ferred to the Fund shall be used only for grants, as 


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1 established and determined by the Secretary, in 

2 rural areas. 

3 (4) Not less than 10 percent of amounts trans4 ferred to the Fund shall be used for grants, as es5 tablished and determined by the Secretary, only pur6 suant to the declaration of a major disaster under 

7 the Robert T. Stafford Disaster Relief and Emer8 gency Assistance Act (42 U.S.C. 5121 et seq.) in the 

9 most impacted and distressed areas resulting from 

10 such disaster. 

11 (d) TRANSFER FOR USE.— 

12 (1) Amounts in the Fund shall be transferred 

13 to the HAG account before obligation and expendi14 ture. 

15 (2) Amounts in the Fund may be transferred to 

16 the HAG account only after the expiration of the 15- 

17 day period beginning upon the day that the Sec18 retary of Housing and Urban Development submits 

19 written notice to the Committees on Appropriations 

20 of the House of Representatives and the Senate of 

21 the planned use of such transferred amounts, except 

22 that amounts transferred for the purposes specified 

23 in subsection (c)(4) may be transferred with concur24 rent written notice to such Committees. 


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1 SEC. 232. The Promise Zone designations and Prom2 ise Zone Designation Agreements entered into pursuant 

3 to such designations, made by the Secretary of Housing 

4 and Urban Development in prior fiscal years, shall remain 

5 in effect in accordance with the terms and conditions of 

6 such agreements. 

7 SEC. 233. None of the funds made available by this 

8 Act may be used to establish and apply review criteria, 

9 including rating factors or preference points, for participa10 tion in or coordination with EnVision Centers, in the eval11 uation, selection, and award of any funds made available 

12 and requiring competitive selection under this Act, except 

13 with respect to any such funds otherwise authorized for 

14 EnVision Center purposes under this Act. 

15 SEC. 234. None of the funds made available to the 

16 Department of Housing and Urban Development by this 

17 or any other Act may be used to implement, administer, 

18 enforce, or in any way make effective the proposed rule 

19 entitled ‘‘Housing and Community Development Act of 

20 1980: Verification of Eligible Status’’, issued by the De21 partment of Housing and Urban Development on May 10, 

22 2019 (Docket No. FR-6124-P-01), or any final rule based 

23 substantially on such proposed rule. 

24 SEC. 235. (a) The Secretary of Housing and Urban 

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1 grams included under the Department’s Consolidated 

2 Planning Process, not later than the expiration of the 90- 

3 day period beginning on the date of the enactment of this 

4 Act, the prepopulated up-to-date housing and economic 

5 data and data for both broadband and resilience assess6 ment requirements, as referred to in the HUD Response 

7 to the third comment under section III.A. of the Supple8 mentary Information included with the final rule entitled 

9 ‘‘Modernizing HUD’s Consolidated Planning Process To 

10 Narrow the Digital Divide and Increase Resilience to Nat11 ural Hazards’’, published by the Department of Housing 

12 and Urban Development in the Federal Register on Fri13 day, December 16, 2016 (81 Fed. Reg. 91000). 

14 (b) The Secretary of Housing and Urban Develop15 ment shall require such grantees to incorporate the 

16 broadband and resilience components into the Consoli17 dated Plan process not later than the expiration of the 

18 270-day period beginning on the date of the enactment 

19 of this Act. 

20 SEC. 236. None of the funds made available to the 

21 Department of Housing and Urban Development by this 

22 or any other Act may be used to implement, administer, 

23 enforce, or in any way make effective any rule making any 

24 change to the rule entitled ‘‘Equal Access in Accordance 

25 With an Individual’s Gender Identity in Community PlanVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00198 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 ning and Development Programs’’ published by the De2 partment of Housing and Urban Development in the Fed3 eral Register on September 21, 2016 (81 Fed. Reg. 

4 64763) or to the rule entitled ‘‘Equal Access to Housing 

5 in HUD Programs Regardless of Sexual Orientation or 

6 Gender Identity’’ published by such Department in the 

7 Federal Register on February 3, 2012 (77 Fed. Reg. 

8 5662). 

9 SEC. 237. Notwithstanding any other provision of 

10 law, the notice issued by the Department of Housing and 

11 Urban Development on February 20, 2015, and entitled 

12 ‘‘Appropriate Placement for Transgender Persons in Sin13 gle-Sex Emergency Shelters and Other Facilities’’ (Notice 

14 CPD-15-02) shall have the force and effect of law. 

15 SEC. 238. The Secretary of Housing and Urban De16 velopment may not, in this fiscal year or any fiscal year 

17 thereafter, implement, require, enforce, or otherwise make 

18 effective any change, amendment, or alteration to any 

19 term or condition of the Annual Contributions Contract 

20 between the Secretary and any public housing agency, as 

21 such contract was in effect as of January 1, 2018, unless 

22 such change, amendment, or alteration is made pursuant 

23 to a rule issued after notice and an opportunity for public 

24 comment and in accordance with the procedure under secVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00199 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 tion 553 of title 5, United States Code, applicable to sub2 stantive rules. 

3 This title may be cited as the ‘‘Department of Hous4 ing and Urban Development Appropriations Act, 2020’’. 

5 TITLE III 

6 RELATED AGENCIES 

7 ACCESS BOARD

8 SALARIES AND EXPENSES

9 For expenses necessary for the Access Board, as au10 thorized by section 502 of the Rehabilitation Act of 1973, 

11 as amended, $8,400,000: Provided, That, notwithstanding 

12 any other provision of law, there may be credited to this 

13 appropriation funds received for publications and training 

14 expenses. 

15 FEDERAL MARITIME COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Maritime 

18 Commission as authorized by section 201(d) of the Mer19 chant Marine Act, 1936, as amended (46 U.S.C. 307), in20 cluding services as authorized by 5 U.S.C. 3109; hire of 

21 passenger motor vehicles as authorized by 31 U.S.C. 

22 1343(b); and uniforms or allowances therefore, as author23 ized by 5 U.S.C. 5901–5902, $28,000,000: Provided, That 

24 not to exceed $2,000 shall be available for official recep25 tion and representation expenses. 


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1 NATIONAL RAILROAD PASSENGER CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector 

5 General for the National Railroad Passenger Corporation 

6 to carry out the provisions of the Inspector General Act 

7 of 1978, as amended, $23,274,000: Provided, That the In8 spector General shall have all necessary authority, in car9 rying out the duties specified in the Inspector General Act, 

10 as amended (5 U.S.C. App. 3), to investigate allegations 

11 of fraud, including false statements to the government (18 

12 U.S.C. 1001), by any person or entity that is subject to 

13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 

15 enter into contracts and other arrangements for audits, 

16 studies, analyses, and other services with public agencies 

17 and with private persons, subject to the applicable laws 

18 and regulations that govern the obtaining of such services 

19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 

22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within the Corporation: ProVerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163

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1 vided further, That concurrent with the President’s budget 

2 request for fiscal year 2021, the Inspector General shall 

3 submit to the House and Senate Committees on Appro4 priations a budget request for fiscal year 2021 in similar 

5 format and substance to those submitted by executive 

6 agencies of the Federal Government. 

7 NATIONAL TRANSPORTATION SAFETY BOARD

8 SALARIES AND EXPENSES

9 For necessary expenses of the National Transpor10 tation Safety Board, including hire of passenger motor ve11 hicles and aircraft; services as authorized by 5 U.S.C. 

12 3109, but at rates for individuals not to exceed the per 

13 diem rate equivalent to the rate for a GS–15; uniforms, 

14 or allowances therefor, as authorized by law (5 U.S.C. 

15 5901–5902), $110,400,000, of which not to exceed $2,000 

16 may be used for official reception and representation ex17 penses. The amounts made available to the National 

18 Transportation Safety Board in this Act include amounts 

19 necessary to make lease payments on an obligation in20 curred in fiscal year 2001 for a capital lease. 

21 NEIGHBORHOOD REINVESTMENT CORPORATION

22 PAYMENT TO THE NEIGHBORHOOD REINVESTMENT

23 CORPORATION

24 For payment to the Neighborhood Reinvestment Cor25 poration for use in neighborhood reinvestment activities, 


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1 as authorized by the Neighborhood Reinvestment Corpora2 tion Act (42 U.S.C. 8101–8107), $170,000,000, of which 

3 $5,000,000 shall be for a multi-family rental housing pro4 gram. 

5 SURFACE TRANSPORTATION BOARD

6 SALARIES AND EXPENSES

7 For necessary expenses of the Surface Transpor8 tation Board, including services authorized by 5 U.S.C. 

9 3109, $37,100,000: Provided, That notwithstanding any 

10 other provision of law, not to exceed $1,250,000 from fees 

11 established by the Chairman of the Surface Transpor12 tation Board shall be credited to this appropriation as off13 setting collections and used for necessary and authorized 

14 expenses under this heading: Provided further, That the 

15 sum herein appropriated from the general fund shall be 

16 reduced on a dollar-for-dollar basis as such offsetting col17 lections are received during fiscal year 2020, to result in 

18 a final appropriation from the general fund estimated at 

19 no more than $35,850,000. 

20 UNITED STATES INTERAGENCY COUNCIL ON

21 HOMELESSNESS

22 OPERATING EXPENSES

23 For necessary expenses (including payment of sala24 ries, authorized travel, hire of passenger motor vehicles, 

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1 perts and consultants under section 3109 of title 5, United 

2 States Code) of the United States Interagency Council on 

3 Homelessness in carrying out the functions pursuant to 

4 title II of the McKinney-Vento Homeless Assistance Act, 

5 as amended, $4,100,000, to remain available until Sep6 tember 30, 2021. 

7 TITLE IV 

8 GENERAL PROVISIONS—THIS ACT 

9 SEC. 401. None of the funds in this Act shall be used 

10 for the planning or execution of any program to pay the 

11 expenses of, or otherwise compensate, non-Federal parties 

12 intervening in regulatory or adjudicatory proceedings 

13 funded in this Act. 

14 SEC. 402. None of the funds appropriated in this Act 

15 shall remain available for obligation beyond the current 

16 fiscal year, nor may any be transferred to other appropria17 tions, unless expressly so provided herein. 

18 SEC. 403. The expenditure of any appropriation 

19 under this Act for any consulting service through a pro20 curement contract pursuant to section 3109 of title 5, 

21 United States Code, shall be limited to those contracts 

22 where such expenditures are a matter of public record and 

23 available for public inspection, except where otherwise pro24 vided under existing law, or under existing Executive order 

25 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 2020, 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 table accompanying 

2 the joint explanatory statement accompanying this 

3 Act, whichever is more detailed, unless prior ap4 proval is received from the House and Senate Com5 mittees on Appropriations: Provided, That not later 

6 than 60 days after the date of enactment of this 

7 Act, each agency funded by this Act shall submit a 

8 report to the Committees on Appropriations of the 

9 Senate and of the House of Representatives to es10 tablish the baseline for application of reprogram11 ming and transfer authorities for the current fiscal 

12 year: Provided further, That the report shall in13 clude— 

14 (A) a table for each appropriation with a 

15 separate column to display the prior year en16 acted level, the President’s budget request, ad17 justments made by Congress, adjustments due 

18 to enacted rescissions, if appropriate, and the 

19 fiscal year enacted level; 

20 (B) a delineation in the table for each ap21 propriation and its respective prior year enacted 

22 level by object class and program, project, and 

23 activity as detailed in this Act, the table accom24 panying the explanatory statement accom25 panying this Act, accompanying reports of the 


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1 House and Senate Committee on Appropria2 tions, or in the budget appendix for the respec3 tive appropriations, whichever is more detailed, 

4 and shall apply to all items for which a dollar 

5 amount is specified and to all programs for 

6 which new budget (obligational) authority is 

7 provided, as well as to discretionary grants and 

8 discretionary grant allocations; and 

9 (C) an identification of items of special 

10 congressional interest. 

11 SEC. 406. Except as otherwise specifically provided 

12 by law, not to exceed 50 percent of unobligated balances 

13 remaining available at the end of fiscal year 2020 from 

14 appropriations made available for salaries and expenses 

15 for fiscal year 2020 in this Act, shall remain available 

16 through September 30, 2021, for each such account for 

17 the purposes authorized: Provided, That a request shall 

18 be submitted to the House and Senate Committees on Ap19 propriations for approval prior to the expenditure of such 

20 funds: Provided further, That these requests shall be made 

21 in compliance with reprogramming guidelines under sec22 tion 405 of this Act. 

23 SEC. 407. No funds in this Act may be used to sup24 port any Federal, State, or local projects that seek to use 

25 the power of eminent domain, unless eminent domain is 


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1 employed only for a public use: Provided, That for pur2 poses of this section, public use shall not be construed to 

3 include economic development that primarily benefits pri4 vate entities: Provided further, That any use of funds for 

5 mass transit, railroad, airport, seaport or highway 

6 projects, as well as utility projects which benefit or serve 

7 the general public (including energy-related, communica8 tion-related, water-related and wastewater-related infra9 structure), other structures designated for use by the gen10 eral public or which have other common-carrier or public11 utility functions that serve the general public and are sub12 ject to regulation and oversight by the government, and 

13 projects for the removal of an immediate threat to public 

14 health and safety or brownfields as defined in the Small 

15 Business Liability Relief and Brownfields Revitalization 

16 Act (Public Law 107–118) shall be considered a public 

17 use for purposes of eminent domain. 

18 SEC. 408. None of the funds made available in this 

19 Act may be transferred to any department, agency, or in20 strumentality of the United States Government, except 

21 pursuant to a transfer made by, or transfer authority pro22 vided in, this Act or any other appropriations Act. 

23 SEC. 409. No part of any appropriation contained in 

24 this Act shall be available to pay the salary for any person 

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1 merly held by an employee who has left to enter the Armed 

2 Forces of the United States and has satisfactorily com3 pleted his or her period of active military or naval service, 

4 and has within 90 days after his or her release from such 

5 service or from hospitalization continuing after discharge 

6 for a period of not more than 1 year, made application 

7 for restoration to his or her former position and has been 

8 certified by the Office of Personnel Management as still 

9 qualified to perform the duties of his or her former posi10 tion and has not been restored thereto. 

11 SEC. 410. No funds appropriated pursuant to this 

12 Act may be expended by an entity unless the entity agrees 

13 that in expending the assistance the entity will comply 

14 with sections 2 through 4 of the Act of March 3, 1933 

15 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

16 American Act’’). 

17 SEC. 411. No funds appropriated or otherwise made 

18 available under this Act shall be made available to any 

19 person or entity that has been convicted of violating the 

20 Buy American Act (41 U.S.C. 8301–8305). 

21 SEC. 412. None of the funds made available in this 

22 Act may be used for first-class airline accommodations in 

23 contravention of sections 301–10.122 and 301–10.123 of 

24 title 41, Code of Federal Regulations. 


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1 SEC. 413. (a) None of the funds made available by 

2 this Act may be used to approve a new foreign air carrier 

3 permit under sections 41301 through 41305 of title 49, 

4 United States Code, or exemption application under sec5 tion 40109 of that title of an air carrier already holding 

6 an air operators certificate issued by a country that is 

7 party to the U.S.-E.U.-Iceland-Norway Air Transport 

8 Agreement where such approval would contravene United 

9 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor10 way Air Transport Agreement. 

11 (b) Nothing in this section shall prohibit, restrict or 

12 otherwise preclude the Secretary of Transportation from 

13 granting a foreign air carrier permit or an exemption to 

14 such an air carrier where such authorization is consistent 

15 with the U.S.-E.U.-Iceland-Norway Air Transport Agree16 ment and United States law. 

17 SEC. 414. None of the funds made available in this 

18 Act may be used to send or otherwise pay for the attend19 ance of more than 50 employees of a single agency or de20 partment of the United States Government, who are sta21 tioned in the United States, at any single international 

22 conference unless the relevant Secretary reports to the 

23 House and Senate Committees on Appropriations at least 

24 5 days in advance that such attendance is important to 

25 the national interest: Provided, That for purposes of this 


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1 section the term ‘‘international conference’’ shall mean a 

2 conference occurring outside of the United States attended 

3 by representatives of the United States Government and 

4 of foreign governments, international organizations, or 

5 nongovernmental organizations. 

6 SEC. 415. None of the funds appropriated or other7 wise made available under this Act may be used by the 

8 Surface Transportation Board to charge or collect any fil9 ing fee for rate or practice complaints filed with the Board 

10 in an amount in excess of the amount authorized for dis11 trict court civil suit filing fees under section 1914 of title 

12 28, United States Code. 

13 SEC. 416. None of the funds made available by this 

14 Act may be used by the Department of Transportation, 

15 the Department of Housing and Urban Development, or 

16 any other Federal agency to lease or purchase new light 

17 duty vehicles for any executive fleet, or for an agency’s 

18 fleet inventory, except in accordance with Presidential 

19 Memorandum—Federal Fleet Performance, dated May 

20 24, 2011. 

21 SEC. 417. (a) None of the funds made available in 

22 this Act may be used to maintain or establish a computer 

23 network unless such network blocks the viewing, 

24 downloading, and exchanging of pornography. 


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1 (b) Nothing in subsection (a) shall limit the use of 

2 funds necessary for any Federal, State, tribal, or local law 

3 enforcement agency or any other entity carrying out crimi4 nal investigations, prosecution, or adjudication activities. 

5 SEC. 418. (a) None of the funds made available in 

6 this Act may be used to deny an Inspector General funded 

7 under this Act timely access to any records, documents, 

8 or other materials available to the department or agency 

9 over which that Inspector General has responsibilities 

10 under the Inspector General Act of 1978 (5 U.S.C. App.), 

11 or to prevent or impede that Inspector General’s access 

12 to such records, documents, or other materials, under any 

13 provision of law, except a provision of law that expressly 

14 refers to the Inspector General and expressly limits the 

15 Inspector General’s right of access. 

16 (b) A department or agency covered by this section 

17 shall provide its Inspector General with access to all such 

18 records, documents, and other materials in a timely man19 ner. A department or agency shall not withhold or delay 

20 access by the Inspector General in order to conduct inter21 nal reviews of responsive documents, nor shall privileges 

22 preventing release of agency documents to third parties 

23 be a basis for withholding or delaying access to the Inspec24 tor General. 


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1 (c) Each Inspector General shall ensure compliance 

2 with statutory limitations on disclosure relevant to the in3 formation provided by the establishment over which that 

4 Inspector General has responsibilities under the Inspector 

5 General Act of 1978 (5 U.S.C. App.). 

6 (d) Each Inspector General covered by this section 

7 shall report to the Committees on Appropriations of the 

8 House of Representatives and the Senate within 5 cal9 endar days any failures to comply with this requirement. 

10 Within 5 calendar days of the Inspector General’s report, 

11 the department or agency will provide the Committees on 

12 Appropriations of the House of Representatives and the 

13 Senate with an accounting of timeframe and efforts by the 

14 agency to provide OIG access. 

15 SEC. 419. None of the funds appropriated or other16 wise made available by this Act may be used to pay award 

17 or incentive fees for contractors whose performance has 

18 been judged to be below satisfactory, behind schedule, over 

19 budget, or has failed to meet the basic requirements of 

20 a contract, unless the Agency determines that any such 

21 deviations are due to unforeseeable events, government22 driven scope changes, or are not significant within the 

23 overall scope of the project and/or program unless such 

24 awards or incentive fees are consistent with 16.401(e)(2) 

25 of the Federal Acquisition Regulations. 


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1 This Act may be cited as the ‘‘Transportation, Hous2 ing and Urban Development, and Related Agencies Appro3 priations Act, 2020’’. 


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Union Calendar No. 79 

116TH CONGRESS 

1ST SESSION H. R. 3163 

[Report No. 116–106] 

A BILL 

Making appropriations for the Departments of 

poses. ending September 30, 2020, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelJUNE 6, 2019 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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