IB 

Union Calendar No. 584 

115TH CONGRESS 

2D SESSION H. R. 6072 

[Report No. 115–750] 

Making appropriations for the Department of Transportation, and Housing 

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

September 30, 2019, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 12, 2018 

Mr. Diaz-Balart, 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 Department of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 

2019, and for other purposes. 

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

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, 2019, and for other purposes, namely: 

3 TITLE I 

4 DEPARTMENT OF TRANSPORTATION 

5 OFFICE OF THE SECRETARY

6 SALARIES AND EXPENSES

7 For necessary expenses of the Office of the Secretary, 

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

9 available for the immediate Office of the Secretary; not 

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

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

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

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

14 of the Under Secretary of Transportation for Policy; not 

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

16 the Assistant Secretary for Budget and Programs; not to 

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

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

20 Assistant Secretary for Administration; not to exceed 

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

23 Office of the Executive Secretariat; not to exceed 

24 $11,318,000 shall be available for the Office of Intel25 ligence, Security, and Emergency Response; and not to exVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 ceed $16,745,000 shall be available for the Office of the 

2 Chief Information Officer: Provided, That the Secretary 

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

5 other office of the Office of the Secretary: Provided fur6 ther, That no appropriation for any office shall be in7 creased or decreased by more than 10 percent by all such 

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

9 funding greater than 10 percent shall be submitted for 

10 approval to the House and Senate Committees on Appro11 priations: Provided further, That not to exceed $60,000 

12 shall be for allocation within the Department for official 

13 reception and representation expenses as the Secretary 

14 may determine: Provided further, That notwithstanding 

15 any other provision of law, excluding fees authorized in 

16 Public Law 107–71, there may be credited to this appro17 priation up to $2,500,000 in funds received in user fees: 

18 Provided further, That none of the funds provided in this 

19 Act shall be available for the position of Assistant Sec20 retary for Public Affairs. 

21 RESEARCH AND TECHNOLOGY

22 For necessary expenses related to the Office of the 

23 Assistant Secretary for Research and Technology, 

24 $7,000,000, of which $2,218,000 shall remain available 

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


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

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

8 the Office of the Assistant Secretary for Research and 

9 Technology of the Department of Transportation. 

10 NATIONAL INFRASTRUCTURE INVESTMENTS

11 For capital investments in surface transportation in12 frastructure, $750,000,000, to remain available through 

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

14 Transportation shall distribute funds provided under this 

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

16 local government, transit agency, port authority, or a col17 laboration among such entities on a competitive basis for 

18 projects that will have a significant local or regional im19 pact: Provided further, That projects eligible for funding 

20 provided under this heading shall include, but not be lim21 ited to, highway or bridge projects eligible under title 23, 

22 United States Code; public transportation projects eligible 

23 under chapter 53 of title 49, United States Code; pas24 senger and freight rail transportation projects; and port 

25 infrastructure investments (including inland port infraVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 structure and land ports of entry): Provided further, That 

2 the Secretary may use up to 20 percent of the funds made 

3 available under this heading for the purpose of paying the 

4 subsidy and administrative costs of projects eligible for 

5 Federal credit assistance under chapter 6 of title 23, 

6 United States Code, if the Secretary finds that such use 

7 of the funds would advance the purposes of this para8 graph: Provided further, That in distributing funds pro9 vided under this heading, the Secretary shall take such 

10 measures so as to ensure an equitable geographic distribu11 tion of funds and the investment in a variety of transpor12 tation modes: Provided further, That a grant funded under 

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

14 greater than $25,000,000: Provided further, That not 

15 more than 10 percent of the funds made available under 

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

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

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

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

20 further, That the Secretary shall give priority to projects 

21 that require a contribution of Federal funds in order to 

22 complete an overall financing package: Provided further, 

23 That of the funds made available under this heading 

24 $250,000,000 shall be for projects located in a rural area 

25 with a population of less than 200,000: Provided further, 


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1 That for projects located in a rural area, the minimum 

2 grant size shall be $1,000,000 and the Secretary may in3 crease the Federal share of costs above 80 percent: Pro4 vided further, That of the funds made available under this 

5 heading $250,000,000 shall be for projects that are within 

6 the boundaries of seaport facilities and intermodal connec7 tors serving those facilities: Provided further, That of the 

8 funds made available under this heading $250,000,000 

9 shall be for projects located in an urbanized area with a 

10 population of more than 200,000: Provided further, That 

11 funds for an urbanized area under the previous proviso 

12 may be obligated to projects in the metropolitan area es13 tablished under section 134 of title 23, United States 

14 Code, that encompasses such urbanized area: Provided 

15 further, That projects conducted using funds provided 

16 under this heading must comply with the requirements of 

17 subchapter IV of chapter 31 of title 40, United States 

18 Code: Provided further, That the Secretary shall conduct 

19 a new competition to select the grants and credit assist20 ance awarded under this heading: Provided further, That 

21 the Secretary may set aside not more than 3 percent of 

22 the funds provided under this heading, and may transfer 

23 portions of such funds to the Administrators of the Fed24 eral Highway Administration, the Federal Transit Admin25 istration, the Federal Railroad Administration, and the 


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1 Maritime Administration for administrative costs related 

2 to awarding and overseeing grants and credit assistance 

3 made under either the national infrastructure investments 

4 program or programs authorized under section 117 of title 

5 23, United States Code: Provided further, That the Sec6 retary shall not use the Federal share as a selection cri7 teria in awarding projects: Provided further, That the Sec8 retary shall issue the Notice of Funding Opportunity for 

9 grants and credit assistance awarded under this heading 

10 no later than 60 days after enactment of this Act: Pro11 vided further, That such Notice of Funding Opportunity 

12 shall require application submissions 90 days after the 

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

14 applications submitted under the previous two provisos, 

15 the Secretary shall make grants no later than 270 days 

16 after enactment of this Act in such amounts that the Sec17 retary determines. 

18 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE

19 FINANCE BUREAU

20 For necessary expenses for the administration of the 

21 National Surface Transportation and Innovative Finance 

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

23 of Transportation, $10,000,000, to remain available until 

24 expended: Provided, That the Secretary of Transportation 

25 shall use such amount for the necessary expenses to fulfill 


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1 the responsibilities of the Bureau, as detailed in section 

2 9001 of the Fixing America’s Surface Transportation 

3 (FAST) Act (Public Law 114–94) (49 U.S.C. 116): Pro4 vided further, That the Secretary is required to receive the 

5 advance approval of the House and Senate Committees on 

6 Appropriations prior to exercising the authorities of 49 

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

8 available to other Federal agencies, States, municipalities 

9 and project sponsors seeking Federal transportation ex10 pertise in obtaining financing. 

11 FINANCIAL MANAGEMENT CAPITAL

12 For necessary expenses for upgrading and enhancing 

13 the Department of Transportation’s financial systems and 

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

15 available through September 30, 2020. 

16 CYBER SECURITY INITIATIVES

17 For necessary expenses for cyber security initiatives, 

18 including necessary upgrades to wide area network and 

19 information technology infrastructure, improvement of 

20 network perimeter controls and identity management, 

21 testing and assessment of information technology against 

22 business, security, and other requirements, implementa23 tion of Federal cyber security initiatives and information 

24 infrastructure enhancements, and implementation of enVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 hanced security controls on network devices, $25,000,000, 

2 to remain available through September 30, 2020. 

3 OFFICE OF CIVIL RIGHTS

4 For necessary expenses of the Office of Civil Rights, 

5 $9,500,000. 

6 TRANSPORTATION PLANNING, RESEARCH, AND

7 DEVELOPMENT

8 For necessary expenses for conducting transportation 

9 planning, research, systems development, development ac10 tivities, and making grants, to remain available until ex11 pended, $8,000,000: Provided, That of such amount, 

12 $1,000,000 shall be for necessary expenses of the Inter13 agency Infrastructure Permitting Improvement Center 

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

15 to this appropriation, to remain available until expended, 

16 amounts transferred from other Federal agencies for ex17 penses incurred under this heading for IIPIC activities not 

18 related to transportation infrastructure: Provided further, 

19 That the tools and analysis developed by the IIPIC shall 

20 be available to other Federal agencies for the permitting 

21 and review of major infrastructure projects not related to 

22 transportation only to the extent that other Federal agen23 cies provide funding to the Department as provided for 

24 under the previous proviso. 


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1 WORKING CAPITAL FUND

2 For necessary expenses for operating costs and cap3 ital outlays of the Working Capital Fund, not to exceed 

4 $203,883,000, shall be paid from appropriations made 

5 available to the Department of Transportation: Provided, 

6 That such services shall be provided on a competitive basis 

7 to entities within the Department of Transportation: Pro8 vided further, That the above limitation on operating ex9 penses shall not apply to non-DOT entities: Provided fur10 ther, That no funds appropriated in this Act to an agency 

11 of the Department shall be transferred to the Working 

12 Capital Fund without majority approval of the Working 

13 Capital Fund Steering Committee and approval of the 

14 Secretary: Provided further, That no assessments may be 

15 levied against any program, budget activity, subactivity or 

16 project funded by this Act unless notice of such assess17 ments and the basis therefor are presented to the House 

18 and Senate Committees on Appropriations and are ap19 proved by such Committees. 

20 MINORITY BUSINESS RESOURCE CENTER PROGRAM

21 For necessary expenses of the Minority Business Re22 source Center, the provision of financial education out23 reach activities to eligible transportation-related small 

24 businesses, the monitoring of existing loans in the guaran25 teed loan program, and the modification of such loans of 


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1 the Minority Business Resource Center, $500,000, as au2 thorized by 49 U.S.C. 332; Provided, That notwith3 standing that section, these funds may be for business op4 portunities related to any mode of transportation. 

5 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND

6 OUTREACH

7 For necessary expenses for small and disadvantaged 

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

9 remain available until September 30, 2020: Provided, 

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

11 used for business opportunities related to any mode of 

12 transportation. 

13 PAYMENTS TO AIR CARRIERS

14 (AIRPORT AND AIRWAY TRUST FUND)

15 In addition to funds made available from any other 

16 source to carry out the essential air service program under 

17 49 U.S.C. 41731 through 41742, $175,000,000, to be de18 rived from the Airport and Airway Trust Fund, to remain 

19 available until expended: Provided, That in determining 

20 between or among carriers competing to provide service 

21 to a community, the Secretary may consider the relative 

22 subsidy requirements of the carriers: Provided further, 

23 That basic essential air service minimum requirements 

24 shall not include the 15-passenger capacity requirement 

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


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

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

3 with a community located less than 40 miles from the 

4 nearest small hub airport before the Secretary has nego5 tiated with the community over a local cost share: Pro6 vided further, That amounts authorized to be distributed 

7 for the essential air service program under subsection 

8 41742(b) of title 49, United States Code, shall be made 

9 available immediately from amounts otherwise provided to 

10 the Administrator of the Federal Aviation Administration: 

11 Provided further, That the Administrator may reimburse 

12 such amounts from fees credited to the account estab13 lished under section 45303 of title 49, United States Code. 

14 ADMINISTRATIVE PROVISIONS—OFFICE OF THE

15 SECRETARY OF TRANSPORTATION

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

17 Act to the Department of Transportation may be obligated 

18 for the Office of the Secretary of Transportation to ap19 prove assessments or reimbursable agreements pertaining 

20 to funds appropriated to the modal administrations in this 

21 Act, except for activities underway on the date of enact22 ment of this Act, unless such assessments or agreements 

23 have completed the normal reprogramming process for 

24 Congressional notification. 


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

2 of the Department of Transportation a schedule of all 

3 meetings of the Council on Credit and Finance, including 

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

5 Credit and Finance to record the decisions and actions 

6 of each meeting. 

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

8 327 of title 49, United States Code, the Department’s 

9 Working Capital Fund is hereby authorized to provide 

10 partial or full payments in advance and accept subsequent 

11 reimbursements from all Federal agencies from available 

12 funds for transit benefit distribution services that are nec13 essary to carry out the Federal transit pass transportation 

14 fringe benefit program under Executive Order No. 13150 

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

16 the Department shall maintain a reasonable operating re17 serve in the Working Capital Fund, to be expended in ad18 vance to provide uninterrupted transit benefits to Govern19 ment employees: Provided further, That such reserve will 

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

21 only for the purpose of providing for the continuation of 

22 transit benefits: Provided further, That the Working Cap23 ital Fund will be fully reimbursed by each customer agen24 cy from available funds for the actual cost of the transit 

25 benefit. 


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1 FEDERAL AVIATION ADMINISTRATION

2 OPERATIONS

3 (AIRPORT AND AIRWAY TRUST FUND)

4 For necessary expenses of the Federal Aviation Ad5 ministration, not otherwise provided for, including oper6 ations and research activities related to commercial space 

7 transportation, administrative expenses for research and 

8 development, establishment of air navigation facilities, the 

9 operation (including leasing) and maintenance of aircraft, 

10 subsidizing the cost of aeronautical charts and maps sold 

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

12 vehicles for replacement only, in addition to amounts made 

13 available by Public Law 112–95, $10,410,758,000, to re14 main available until September 30, 2020, of which 

15 $9,594,758,000 shall be derived from the Airport and Air16 way Trust Fund, of which not to exceed $7,840,013,000 

17 shall be available for air traffic organization activities; not 

18 to exceed $1,339,561,000 shall be available for aviation 

19 safety activities; not to exceed $24,917,000 shall be avail20 able for commercial space transportation activities; not to 

21 exceed $816,234,000 shall be available for finance and 

22 management activities; not to exceed $60,720,000 shall be 

23 available for NextGen and operations planning activities; 

24 not to exceed $114,018,000 shall be available for security 

25 and hazardous materials safety; and not to exceed 


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1 $215,295,000 shall be available for staff offices: Provided, 

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

3 for aviation safety budget activity, may be transferred to 

4 any budget activity under this heading: Provided further, 

5 That no transfer may increase or decrease any appropria6 tion by more than 5 percent: Provided further, That any 

7 transfer in excess of 5 percent shall be treated as a re8 programming of funds under section 405 of this Act and 

9 shall not be available for obligation or expenditure except 

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

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

12 fiscal year hereafter, the Administrator of the Federal 

13 Aviation Administration shall transmit to Congress an an14 nual update to the report submitted to Congress in De15 cember 2004 pursuant to section 221 of Public Law 108– 

16 176: Provided further, That the amount herein appro17 priated shall be reduced by $100,000 for each day after 

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

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

20 of each fiscal year hereafter, the Administrator shall 

21 transmit to Congress a companion report that describes 

22 a comprehensive strategy for staffing, hiring, and training 

23 flight standards and aircraft certification staff in a format 

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

25 including stated attrition estimates and numerical hiring 


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

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

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

4 submitted to Congress: Provided further, That funds may 

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

6 standard-setting organization to assist in the development 

7 of aviation safety standards: Provided further, That none 

8 of the funds in this Act shall be available for new appli9 cants for the second career training program: Provided 

10 further, That none of the funds in this Act shall be avail11 able for the Federal Aviation Administration to finalize 

12 or implement any regulation that would promulgate new 

13 aviation user fees not specifically authorized by law after 

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

15 That there may be credited to this appropriation, as off16 setting collections, funds received from States, counties, 

17 municipalities, foreign authorities, other public authori18 ties, and private sources for expenses incurred in the pro19 vision of agency services, including receipts for the mainte20 nance and operation of air navigation facilities, and for 

21 issuance, renewal or modification of certificates, including 

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

23 tests related thereto, or for processing major repair or al24 teration forms: Provided further, That of the funds appro25 priated under this heading, not less than $168,000,000 


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

2 traffic control towers in the contract tower program, in3 cluding the contract tower cost share program, and any 

4 airport that is currently qualified or that will qualify for 

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

6 none of the funds in this Act for aeronautical charting 

7 and cartography are available for activities conducted by, 

8 or coordinated through, the Working Capital Fund: Pro9 vided further, That none of the funds appropriated or oth10 erwise made available by this Act or any other Act may 

11 be used to eliminate the Contract Weather Observers pro12 gram at any airport. 

13 FACILITIES AND EQUIPMENT

14 (AIRPORT AND AIRWAY TRUST FUND)

15 For necessary expenses, not otherwise provided for, 

16 for acquisition, establishment, technical support services, 

17 improvement by contract or purchase, and hire of national 

18 airspace systems and experimental facilities and equip19 ment, as authorized under part A of subtitle VII of title 

20 49, United States Code, including initial acquisition of 

21 necessary sites by lease or grant; engineering and service 

22 testing, including construction of test facilities and acqui23 sition of necessary sites by lease or grant; construction 

24 and furnishing of quarters and related accommodations 

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1 istration stationed at remote localities where such accom2 modations are not available; and the purchase, lease, or 

3 transfer of aircraft from funds available under this head4 ing, including aircraft for aviation regulation and certifi5 cation; to be derived from the Airport and Airway Trust 

6 Fund, $3,250,000,000, of which $515,325,000 shall re7 main available until September 30, 2020, $2,591,625,000 

8 shall remain available until September 30, 2021, and 

9 $143,050,000 shall remain available until expended: Pro10 vided, That there may be credited to this appropriation 

11 funds received from States, counties, municipalities, other 

12 public authorities, and private sources, for expenses in13 curred in the establishment, improvement, and moderniza14 tion of national airspace systems: Provided further, That 

15 no later than March 31, the Secretary of Transportation 

16 shall transmit to the Congress an investment plan for the 

17 Federal Aviation Administration which includes funding 

18 for each budget line item for fiscal years 2020 through 

19 2024, with total funding for each year of the plan con20 strained to the funding targets for those years as esti21 mated and approved by the Office of Management and 

22 Budget. 


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1 RESEARCH, ENGINEERING, AND DEVELOPMENT

2 (AIRPORT AND AIRWAY TRUST FUND)

3 For necessary expenses, not otherwise provided for, 

4 for research, engineering, and development, as authorized 

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

6 Code, including construction of experimental facilities and 

7 acquisition of necessary sites by lease or grant, 

8 $180,000,000, to be derived from the Airport and Airway 

9 Trust Fund and to remain available until September 30, 

10 2021: Provided, That there may be credited to this appro11 priation as offsetting collections, funds received from 

12 States, counties, municipalities, other public authorities, 

13 and private sources, which shall be available for expenses 

14 incurred for research, engineering, and development. 

15 GRANTS-IN-AID FOR AIRPORTS

16 (LIQUIDATION OF CONTRACT AUTHORIZATION)

17 (LIMITATION ON OBLIGATIONS)

18 (AIRPORT AND AIRWAY TRUST FUND)

19 (INCLUDING TRANSFER OF FUNDS)

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

24 of title 49, United States Code, and under other law au25 thorizing such obligations; for procurement, installation, 


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1 and commissioning of runway incursion prevention devices 

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

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

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

6 certificates under section 44706 of title 49, United States 

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

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

12 $3,350,000,000 in fiscal year 2019, notwithstanding sec13 tion 47117(g) of title 49, United States Code: Provided 

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

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

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

20 the Government’s share of allowable project costs under 

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

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

24 multi-phased construction project for which the project 

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1 struction project: Provided further, That notwithstanding 

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

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

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

5 be available for the Airport Cooperative Research Pro6 gram, not less than $33,194,000 shall be available for Air7 port Technology Research: Provided further, That in addi8 tion to airports eligible under section 41743 of title 49, 

9 such program may include the participation of an airport 

10 that serves a community or consortium that is not larger 

11 than a small hub airport, according to FAA hub classifica12 tions effective at the time the Office of the Secretary 

13 issues a request for proposals. 

14 GRANTS-IN-AID FOR AIRPORTS

15 For an additional amount for ‘‘Grants-In-Aid for Air16 ports’’, to enable the Secretary of Transportation to make 

17 grants for projects as authorized by subchapter 1 of chap18 ter 471 and subchapter 1 of chapter 475 of title 49, 

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

20 through September 30, 2021: Provided, That amounts 

21 made available under this heading shall be derived from 

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

23 apportionment formulas, special apportionment categories, 

24 or minimum percentages under chapter 471: Provided fur25 ther, That the Secretary shall distribute funds provided 


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1 under this heading as discretionary grants to airports: 

2 Provided further, That the Federal share payable of the 

3 costs for which a grant is made under this heading to a 

4 nonprimary airport shall be 100 percent: Provided further, 

5 That the amount made available under this heading shall 

6 not be subject to any limitation on obligations for the 

7 Grants-in-Aid for Airports program set forth in any Act: 

8 Provided further, That of the amounts made available 

9 under this heading, no less than $3,500,000 shall be made 

10 available to provide reimbursement to airport sponsors 

11 that do not provide gateway operations and businesses lo12 cated at those airports during a temporary flight restric13 tion for any residence of the President that is designated 

14 or identified to be secured by the United States Secret 

15 Service: Provided further, That the Administrator of the 

16 Federal Aviation Administration may retain up to 0.5 per17 cent of the funds provided under this heading to fund the 

18 award and oversight by the Administrator of grants made 

19 under this heading. 

20 ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION

21 ADMINISTRATION

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

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

24 the federally funded research and development center con25 tract between the Federal Aviation Administration and the 


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1 Center for Advanced Aviation Systems Development dur2 ing fiscal year 2019. 

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

4 to pursue or adopt guidelines or regulations requiring air5 port sponsors to provide to the Federal Aviation Adminis6 tration without cost building construction, maintenance, 

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

8 buildings for services relating to air traffic control, air 

9 navigation, or weather reporting: Provided, That the pro10 hibition of funds in this section does not apply to negotia11 tions between the agency and airport sponsors to achieve 

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

13 grant assurances that require airport sponsors to provide 

14 land without cost to the Federal Aviation Administration 

15 for air traffic control facilities. 

16 SEC. 112. The Administrator of the Federal Aviation 

17 Administration may reimburse amounts made available to 

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

19 49 U.S.C. 45303 and any amount remaining in such ac20 count at the close of that fiscal year may be made available 

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

22 year. 

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

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

25 appropriation current at the time of collection, to be 


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1 merged with and available for the same purposes of such 

2 appropriation. 

3 SEC. 114. None of the funds in this Act shall be avail4 able for paying premium pay under subsection 5546(a) of 

5 title 5, United States Code, to any Federal Aviation Ad6 ministration employee unless such employee actually per7 formed work during the time corresponding to such pre8 mium pay. 

9 SEC. 115. None of the funds in this Act may be obli10 gated or expended for an employee of the Federal Aviation 

11 Administration to purchase a store gift card or gift certifi12 cate through use of a Government-issued credit card. 

13 SEC. 116. None of the funds in this Act may be obli14 gated or expended for retention bonuses for an employee 

15 of the Federal Aviation Administration without the prior 

16 written approval of the Assistant Secretary for Adminis17 tration of the Department of Transportation. 

18 SEC. 117. Notwithstanding any other provision of 

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

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

21 to implement any limitation on the ability of any owner 

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

23 to the Administrator of the Federal Aviation Administra24 tion, a blocking of that owner’s or operator’s aircraft reg25 istration number from any display of the Federal Aviation 


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1 Administration’s Aircraft Situational Display to Industry 

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

3 available to a Government agency, for the noncommercial 

4 flights of that owner or operator. 

5 SEC. 118. None of the funds in this Act shall be avail6 able for salaries and expenses of more than eight political 

7 and Presidential appointees in the Federal Aviation Ad8 ministration. 

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

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

11 44721 of title 49, United States Code, until the Federal 

12 Aviation Administration provides to the House and Senate 

13 Committees on Appropriations a report that justifies all 

14 fees related to aeronautical navigation products and ex15 plains how such fees are consistent with Executive Order 

16 13642. 

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

18 used to close a regional operations center of the Federal 

19 Aviation Administration or reduce its services unless the 

20 Administrator notifies the House and Senate Committees 

21 on Appropriations not less than 90 full business days in 

22 advance. 

23 SEC. 119B. None of the funds appropriated or lim24 ited by this Act may be used to change weight restrictions 


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1 or prior permission rules at Teterboro airport in 

2 Teterboro, New Jersey. 

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

4 Act may be used by the Administrator of the Federal Avia5 tion Administration to withhold from consideration and 

6 approval any new application for participation in the Con7 tract Tower Program, or for reevaluation of Cost-share 

8 Program participants as long as the Federal Aviation Ad9 ministration has received an application from the airport, 

10 and as long as the Administrator determines such tower 

11 is eligible using the factors set forth in the Federal Avia12 tion Administration report, Establishment and Dis13 continuance Criteria for Airport Traffic Control Towers 

14 (FAA–APO–90–7 as of August, 1990). 

15 SEC. 119D. Notwithstanding any other provision of 

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

17 obligated or expended to limit the use of an Organization 

18 Designation Authorization’s (ODA) delegated functions 

19 documented in its procedures manual on a type certifi20 cation project unless the Administrator documents a sys21 temic airworthiness noncompliance performance issue as 

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

23 commerce requires a limitation with regard to a specific 

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

25 previously established in terms of a new compliance methVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 od or design feature: Provided, That in such cases FAA 

2 shall work with the ODA holder if requested to develop 

3 the capability to execute that function safely, efficiently 

4 and effectively. 

5 SEC. 119E. None of the funds made available by this 

6 Act and apportioned under section 47114(d) of title 49, 

7 United States Code, shall be made available for construc8 tion of a storage building, or a portion of such building, 

9 to shelter snow equipment in excess of equipment needs 

10 established by standards issued by the Secretary of Trans11 portation that is owned by an airport categorized as a local 

12 general aviation airport as indicated in Federal Aviation 

13 Administration 2017- 2021 National Plan of Integrated 

14 Airport Systems (NPIAS) report unless such airport spon15 sor certifies conformity with the following: 

16 (1) The storage building, or portion thereof, to 

17 be constructed will be used to store snow removal 

18 equipment exclusively used for clearing airfield pave19 ment of snow and ice following a weather event. 

20 (2) The 30-year annual snowfall normal of the 

21 nearest weather station based on the National Oce22 anic and Atmospheric Administration Summary of 

23 Monthly Normals 1981-2010 exceeds 26 inches. 

24 (3) The airport serves as a base for a medical 

25 air ambulance transport aircraft; (d)that the airport 


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1 master record (Form 5010-1) effective on September 

2 14, 2017 for the airport indicates 45 based aircraft 

3 consisting of single engine, multiple engine, and jet 

4 engine aircraft. 

5 (4) The airport sponsor will complete design of 

6 the storage building not later than fiscal year 2018 

7 and initiate construction of the storage building not 

8 later than fiscal year 2019. 

9 (5) The area of the storage building, or portion 

10 thereof, to be funded under this section shall not ex11 ceed 6,000 square feet. 

12 FEDERAL HIGHWAY ADMINISTRATION

13 LIMITATION ON ADMINISTRATIVE EXPENSES

14 (HIGHWAY TRUST FUND)

15 (INCLUDING TRANSFER OF FUNDS)

16 Not to exceed $446,444,304, together with advances 

17 and reimbursements received by the Federal Highway Ad18 ministration, shall be obligated for necessary expenses for 

19 administration and operation of the Federal Highway Ad20 ministration. In addition, $3,248,000 shall be transferred 

21 to the Appalachian Regional Commission in accordance 

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


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1 FEDERAL-AID HIGHWAYS

2 (LIMITATION ON OBLIGATIONS)

3 (HIGHWAY TRUST FUND)

4 Funds available for the implementation or execution 

5 of Federal-aid highway and highway safety construction 

6 programs authorized under titles 23 and 49, United States 

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

8 Transportation Act shall not exceed total obligations of 

9 $45,268,596,000 for fiscal year 2019: Provided, That the 

10 Secretary may collect and spend fees, as authorized by 

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

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

13 and project finance to assist in the underwriting and serv14 icing of Federal credit instruments and all or a portion 

15 of the costs to the Federal Government of servicing such 

16 credit instruments: Provided further, That such fees are 

17 available until expended to pay for such costs: Provided 

18 further, That such amounts are in addition to administra19 tive expenses that are also available for such purpose, and 

20 are not subject to any obligation limitation or the limita21 tion on administrative expenses under section 608 of title 

22 23, United States Code. 


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1 (LIQUIDATION OF CONTRACT AUTHORIZATION)

2 (HIGHWAY TRUST FUND)

3 For the payment of obligations incurred in carrying 

4 out Federal-aid highway and highway safety construction 

5 programs authorized under title 23, United States Code, 

6 $46,007,596,000 derived from the Highway Trust Fund 

7 (other than the Mass Transit Account), to remain avail8 able until expended. 

9 HIGHWAY INFRASTRUCTURE PROGRAMS

10 There is hereby appropriated to the Secretary of 

11 Transportation $4,204,000,000: Provided, That the 

12 amounts made available under this heading shall be de13 rived from the general fund, shall be in addition to any 

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

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

16 23, United States Code, or for the tribal transportation 

17 program under section 202 of such title, and shall not af18 fect the distribution or amount of funds provided in any 

19 other Act: Provided further, That section 1101(b) of Pub20 lic Law 114–94 shall apply to funds made available under 

21 this heading: Provided further, That of the funds made 

22 available under this heading, $3,765,500,000 shall be set 

23 aside for activities eligible under section 133(b)(1)(A) of 

24 title 23, United States Code, $250,000,000 shall be set 

25 aside for activities eligible under section 148(e)(1) of such 


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1 title, $30,800,000 shall be set aside for activities eligible 

2 under the Puerto Rico Highway Program as described in 

3 section 165(b)(2)(C) of such title, $7,700,000 shall be set 

4 aside for activities eligible under the Territorial Highway 

5 Program, as described in section 165(c)(6) of such title, 

6 $50,000,000 shall be set aside for the tribal transportation 

7 program under section 202 of such title, and 

8 $100,000,000 shall be set aside for the nationally signifi9 cant Federal lands and tribal projects program under sec10 tion 1123 of the Fixing America’s Surface Transportation 

11 (FAST) Act (Public Law 114–94): Provided further, That 

12 the funds made available under this heading for activities 

13 eligible under section 133(b)(1)(A) and section 148(e)(1) 

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

15 the States in the same ratio as the obligation limitation 

16 for fiscal year 2019 is distributed among the States in 

17 section 120(a)(5) of this Act: Provided further, That the 

18 funds made available under this heading for activities eli19 gible under section 133(b)(1)(A) of title 23, United States 

20 Code, shall be suballocated in the manner described in sec21 tion 133(d) of such title, except that the set-aside de22 scribed in section 133(h) of such title shall not apply to 

23 funds made available under this heading: Provided further, 

24 That the funds made available under this heading for ac25 tivities eligible under section 133(b)(1)(A) and section 


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1 148(e)(1) of such title shall be administered as if appor2 tioned under chapter 1 of such title and shall remain avail3 able through September 30, 2022: Provided further, That 

4 the special rule described in section 148(g)(1) of such title 

5 shall not apply to funds made available under this heading 

6 for activities eligible under section 148(e)(1) of such title: 

7 Provided further, That, to obligate funds made available 

8 under this heading for activities eligible under section 

9 148(e)(1) of such title, a State shall meet the eligibility 

10 requirement described in section 148(c) of such title: Pro11 vided further, That projects carried out with funds made 

12 available under this heading for activities eligible under 

13 section 148(e)(1) of such title shall be subject to the Fed14 eral share requirement described in section 148(j) of such 

15 title: Provided further, That, except as provided in the fol16 lowing proviso, the funds made available under this head17 ing for activities eligible under the Puerto Rico Highway 

18 Program and activities eligible under the Territorial High19 way Program shall be administered as if allocated under 

20 sections 165(b) and 165(c), respectively, of such title and 

21 shall remain available through September 30, 2022: Pro22 vided further, That the funds made available under this 

23 heading for activities eligible under the Puerto Rico High24 way Program shall not be subject to the requirements of 

25 sections 165(b)(2)(A) or 165(b)(2)(B) of such title. ProVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 vided further, That the funds made available under this 

2 heading for the tribal transportation program shall be ad3 ministered as if authorized for such program and shall re4 main available through September 30, 2022: Provided fur5 ther, That the funds made available under this heading 

6 for the nationally significant Federal lands and tribal 

7 projects program under section 1123 of the FAST Act 

8 shall remain available through September 30, 2022. 

9 ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY

10 ADMINISTRATION

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

12 Transportation shall— 

13 (1) not distribute from the obligation limitation 

14 for Federal-aid highways— 

15 (A) amounts authorized for administrative 

16 expenses and programs by section 104(a) of 

17 title 23, United States Code; and 

18 (B) amounts authorized for the Bureau of 

19 Transportation Statistics; 

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

22 to the unobligated balance of amounts— 

23 (A) made available from the Highway 

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


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1 safety construction programs for previous fiscal 

2 years the funds for which are allocated by the 

3 Secretary (or apportioned by the Secretary 

4 under sections 202 or 204 of title 23, United 

5 States Code); and 

6 (B) for which obligation limitation was 

7 provided in a previous fiscal year; 

8 (3) determine the proportion that— 

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

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

12 this subsection; bears to 

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

14 appropriated for the Federal-aid highway and 

15 highway safety construction programs (other 

16 than sums authorized to be appropriated for 

17 provisions of law described in paragraphs (1) 

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

20 title 23, United States Code, equal to the 

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

22 such fiscal year), less the aggregate of the 

23 amounts not distributed under paragraphs (1) 

24 and (2) of this subsection; 


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

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

4 of the programs (other than programs to which 

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

8 apportioned by the Secretary under sections 202 or 

9 204 of that title, by multiplying— 

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

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

14 year; and 

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

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

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

20 programs that are apportioned by the Secretary 

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

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

24 States Code, that are exempt from the limitation 

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

2 the proportion that— 

3 (A) amounts authorized to be appropriated 

4 for the programs that are apportioned under 

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

6 such fiscal year; bears to 

7 (B) the total of the amounts authorized to 

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

10 all States for such fiscal year. 

11 (b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 

12 The obligation limitation for Federal-aid highways shall 

13 not apply to obligations under or for— 

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

15 (2) section 147 of the Surface Transportation 

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

17 Stat. 2714); 

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

19 of 1981 (95 Stat. 1701); 

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

21 Surface Transportation Assistance Act of 1982 (96 

22 Stat. 2119); 

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

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


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

3 1991 (105 Stat. 2027); 

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

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

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

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

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

9 of those fiscal years); 

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

12 Transportation Equity Act for the 21st Century 

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

14 years or to remain available until expended, but only 

15 to the extent that the obligation authority has not 

16 lapsed or been used; 

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

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

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

20 of those fiscal years); 

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

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

23 funds obligated in accordance with that section were 

24 not subject to a limitation on obligations at the time 


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1 at which the funds were initially made available for 

2 obligation; and 

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

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

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

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

8 shall, after August 1 of such fiscal year— 

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

11 amount distributed cannot be obligated during that 

12 fiscal year; and 

13 (2) redistribute sufficient amounts to those 

14 States able to obligate amounts in addition to those 

15 previously distributed during that fiscal year, giving 

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

18 effect on the day before the date of enactment of 

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

20 States Code. 

21 (d) APPLICABILITY OF OBLIGATION LIMITATIONS TO

22 TRANSPORTATION RESEARCH PROGRAMS.— 

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


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

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

4 Code; and 

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

7 (2) EXCEPTION.—Obligation authority made 

8 available under paragraph (1) shall— 

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

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

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

14 programs for future fiscal years. 

15 (e) REDISTRIBUTION OF CERTAIN AUTHORIZED

16 FUNDS.— 

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

18 the date of distribution of obligation limitation 

19 under subsection (a), the Secretary shall distribute 

20 to the States any funds (excluding funds authorized 

21 for the program under section 202 of title 23, 

22 United States Code) that— 

23 (A) are authorized to be appropriated for 

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


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1 (B) the Secretary determines will not be 

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

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

6 of the imposition of any obligation limitation for 

7 such fiscal year. 

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

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

11 (a)(5). 

12 (3) AVAILABILITY.—Funds distributed to each 

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

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

15 United States Code. 

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

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

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

21 purpose of reimbursing the Bureau for such expenses: 

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

24 construction programs. 


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

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

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

8 Senate Committees on Appropriations on any waivers 

9 granted under the Buy America requirements. 

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

11 the Department of Transportation may be used to provide 

12 credit assistance unless not less than 3 days before any 

13 application approval to provide credit assistance under 

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

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

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

20 Committee on Transportation and Infrastructure of the 

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

23 project sponsor; a description of the project; whether cred24 it assistance will be provided as a direct loan, loan guarVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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

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

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

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

6 days before making a grant under that section, provides 

7 written notification to the House and Senate Committees 

8 on Appropriations of the proposed grant, including an 

9 evaluation and justification for the project and the amount 

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

11 notification required in the previous proviso shall be made 

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

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

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

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

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

19 of Transportation for the State or territory for which the 

20 earmarked amount was originally designated or directed 

21 notifies the Secretary of Transportation of its intent to 

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

24 which the funding would be applied. Notwithstanding the 

25 original period of availability of funds to be obligated 


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1 under this section, such funds and associated obligation 

2 limitation shall remain available for obligation for a period 

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

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

6 under this section shall be the same as associated with 

7 the earmark. 

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

9 means— 

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

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

15 prior to the current fiscal year, and administered by 

16 the Federal Highway Administration; or 

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

18 XXI of the Rules of the House of Representatives 

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

20 statement, which was authorized to be appropriated 

21 or appropriated more than 10 fiscal years prior to 

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

24 (c) The authority under subsection (a) may be exer25 cised only for those projects or activities that have obliVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 gated less than 10 percent of the amount made available 

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

3 and shall be applied to projects within the same general 

4 geographic area within 50 miles for which the funding was 

5 designated, except that a State or territory may apply 

6 such authority to unexpended balances of funds from 

7 projects or activities the State or territory certifies have 

8 been closed and for which payments have been made under 

9 a final voucher. 

10 (d) The Secretary shall submit consolidated reports 

11 of the information provided by the States and territories 

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

14 SEC. 126. Section 127(l)(2) of title 23, United States 

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

16 ‘‘(C) The William H. Natcher Parkway (to 

17 be designated as a spur of Interstate Route 65) 

18 from Interstate Route 65 in Bowling Green, 

19 Kentucky, to United States Route 60 in 

20 Owensboro, Kentucky.’’. 

21 SEC. 127. Section 127(s) of title 23, United States 

22 Code, is amended— 

23 (1) by amending the subsection heading to read 

24 as follows: ‘‘Natural Gas and Electric Battery Vehi25 cles’’; 


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1 (2) by inserting ‘‘or powered primarily by 

2 means of electric battery power’’ after the first oc3 currence of ‘‘natural gas’’; 

4 (3) by striking ‘‘any vehicle weight limit’’ and 

5 inserting ‘‘the weight limit on the power unit by up 

6 to 2,000 pounds’’; and 

7 (4) by striking all that follows ‘‘under this sec8 tion’’ and inserting a period after ‘‘section’’. 

9 FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

10 MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

11 (LIQUIDATION OF CONTRACT AUTHORIZATION)

12 (LIMITATION ON OBLIGATIONS)

13 (HIGHWAY TRUST FUND)

14 For payment of obligations incurred in the implemen15 tation, execution and administration of motor carrier safe16 ty operations and programs pursuant to section 31110 of 

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

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

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

20 Mass Transit Account), together with advances and reim21 bursements received by the Federal Motor Carrier Safety 

22 Administration, the sum of which shall remain available 

23 until expended: Provided, That funds available for imple24 mentation, execution or administration of motor carrier 

25 safety operations and programs authorized under title 49, 


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1 United States Code, shall not exceed total obligations of 

2 $284,000,000 for ‘‘Motor Carrier Safety Operations and 

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

4 remain available for obligation until September 30, 2021, 

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

6 $34,824,000, to remain available for obligation until Sep7 tember 30, 2021, is for information management. 

8 MOTOR CARRIER SAFETY GRANTS

9 (LIQUIDATION OF CONTRACT AUTHORIZATION)

10 (LIMITATION ON OBLIGATIONS)

11 (HIGHWAY TRUST FUND)

12 (INCLUDING TRANSFER OF FUNDS)

13 For payment of obligations incurred in carrying out 

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

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

16 Surface Transportation Act, $381,800,000, to be derived 

17 from the Highway Trust Fund (other than the Mass Tran18 sit Account) and to remain available until expended: Pro19 vided, That funds available for the implementation or exe20 cution of motor carrier safety programs shall not exceed 

21 total obligations of $381,800,000 in fiscal year 2019 for 

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

23 shall be available for the motor carrier safety assistance 

24 program, $32,500,000 shall be available for the commer25 cial driver’s license program implementation program, 


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1 $44,000,000 shall be available for the high priority activi2 ties program, and $1,000,000 shall be available for the 

3 commercial motor vehicle operators grant program. 

4 ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR

5 CARRIER SAFETY ADMINISTRATION

6 SEC. 130. The Federal Motor Carrier Safety Admin7 istration shall send notice of 49 CFR section 385.308 vio8 lations by certified mail, registered mail, or another man9 ner of delivery, which records the receipt of the notice by 

10 the persons responsible for the violations. 

11 SEC. 131. None of the funds appropriated or other12 wise made available to the Department of Transportation 

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

14 to implement, administer, or enforce the requirements of 

15 section 31137 of title 49, United States Code, or any regu16 lation issued by the Secretary pursuant to such section, 

17 with respect to the use of electronic logging devices by op18 erators of commercial motor vehicles, as defined in section 

19 31132(1) of such title, transporting livestock as defined 

20 in section 602 of the Emergency Livestock Feed Assist21 ance Act of 1988 (7 U.S.C. 1471) or insects. 

22 SEC. 132. None of the funds appropriated or other23 wise made available by this Act or any other Act may be 

24 used to implement, enforce or in any other way make ef25 fective the final rule published by the Federal Motor CarVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 rier Safety Administration on May 27, 2015, entitled 

2 ‘‘Lease and Interchange of Vehicles; Motor Carriers of 

3 Passengers’’. 

4 SEC. 133. (a) IN GENERAL.—Section 14501(c) of 

5 title 49, United States Code, is amended— 

6 (1) in paragraph (1), by striking ‘‘paragraphs 

7 (2) and (3)’’ and inserting ‘‘paragraphs (3) and 

8 (4)’’; 

9 (2) by redesignating paragraphs (2) through 

10 (5) as paragraphs (3) through (6) respectively; 

11 (3) by inserting after paragraph (1) the fol12 lowing: 

13 ‘‘(2) ADDITIONAL LIMITATION.— 

14 ‘‘(A) IN GENERAL.—A State, political sub15 division of a State, or political authority of 2 or 

16 more States may not enact or enforce a law, 

17 regulation, or other provision having the force 

18 and effect of law prohibiting employees whose 

19 hours of service are subject to regulation by the 

20 Secretary under section 31502 from working to 

21 the full extent permitted or at such times as 

22 permitted under such section, or imposing any 

23 additional obligations on motor carriers if such 

24 employees work to the full extent or at such 

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1 ing any related activities regulated under part 

2 395 of title 49, Code of Federal Regulations. 

3 ‘‘(B) STATUTORY CONSTRUCTION.—Noth4 ing in this paragraph shall be construed to limit 

5 the provisions of paragraph (1).’’. 

6 (4) in paragraph (3) (as redesignated) by strik7 ing ‘‘Paragraph (1)—’’ and inserting ‘‘Paragraphs 

8 (1) and (2)—’’; and 

9 (5) in paragraph (4)(A) (as redesignated) by 

10 striking ‘‘Paragraph (1)’’ and inserting ‘‘Paragraphs 

11 (1) and (2)’’. 

12 (b) EFFECTIVE DATE.—The amendments made by 

13 this section shall have the force and effect as if enacted 

14 on the date of enactment of the Federal Aviation Adminis15 tration Authorization Act of 1994 (Public Law 103–305). 

16 SEC. 134. Section 31112(c) of title 49, United States 

17 Code, is amended— 

18 (1) in the subsection heading by striking ‘‘AND

19 KANSAS’’ and inserting ‘‘KANSAS, AND OREGON’’; 

20 (2) in paragraph (4) by striking ‘‘and’’ at the 

21 end; 

22 (3) in paragraph (5) by striking the period at 

23 the end and inserting ‘‘; and’’; and 

24 (4) by adding at the end the following: 


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1 ‘‘(6) Oregon may allow the operation of a truck 

2 tractor and 2 property-carrying units not in actual 

3 lawful operation on a regular or periodic basis on 

4 June 1, 1991, if— 

5 ‘‘(A) the length of the property-carrying 

6 units does not exceed 82 feet 8 inches; 

7 ‘‘(B) the combination is used only to trans8 port sugar beets; and 

9 ‘‘(C) the operation occurs on United States 

10 Route 20, United States Route 26, United 

11 States Route 30, or Oregon Route 201 in the 

12 vicinity, or between any, of— 

13 ‘‘(i) Vale, Oregon; 

14 ‘‘(ii) Ontario, Oregon; or 

15 ‘‘(iii) Nyssa, Oregon.’’. 

16 NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

17 OPERATIONS AND RESEARCH

18 For expenses necessary to discharge the functions of 

19 the Secretary, with respect to traffic and highway safety 

20 authorized under chapter 301 and part C of subtitle VI 

21 of title 49, United States Code, $204,269,000, of which 

22 $40,000,000 shall remain available through September 

23 30, 2020. 


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1 OPERATIONS AND RESEARCH

2 (LIQUIDATION OF CONTRACT AUTHORIZATION)

3 (LIMITATION ON OBLIGATIONS)

4 (HIGHWAY TRUST FUND)

5 For payment of obligations incurred in carrying out 

6 the provisions of 23 U.S.C. 403, section 4011 of the Fix7 ing America’s Surface Transportation Act (Public Law 

8 114–94), and chapter 303 of title 49, United States Code, 

9 $152,100,000, to be derived from the Highway Trust 

10 Fund (other than the Mass Transit Account) and to re11 main available until expended: Provided, That none of the 

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

13 execution of programs the total obligations for which, in 

14 fiscal year 2019, are in excess of $152,100,000, of which 

15 $146,700,000 shall be for programs authorized under 23 

16 U.S.C. 403 and section 4011 of the Fixing America’s Sur17 face Transportation Act (Public Law 114-94) and 

18 $5,400,000 shall be for the National Driver Register au19 thorized under chapter 303 of title 49, United States 

20 Code: Provided further, That within the $152,100,000 ob21 ligation limitation for operations and research, 

22 $20,000,000 shall remain available until September 30, 

23 2020, and shall be in addition to the amount of any limita24 tion imposed on 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 $610,208,000, to be derived from the Highway Trust 

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

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

12 the planning or execution of programs the total obligations 

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

14 $610,208,000 for programs authorized under 23 U.S.C. 

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

16 America’s Surface Transportation Act, of which 

17 $270,400,000 shall be for ‘‘Highway Safety Programs’’ 

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

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

20 $30,200,000 shall be for the ‘‘High Visibility Enforcement 

21 Program’’ under 23 U.S.C. 404; $26,608,000 shall be for 

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

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

25 construction, rehabilitation, or remodeling costs, or for ofVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 fice furnishings and fixtures for State, local or private 

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

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

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

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

10 amounts made available under section 402 shall include 

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

13 Senate Committees on Appropriations of any exercise of 

14 the authority granted under the previous proviso or under 

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

16 ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY

17 TRAFFIC SAFETY ADMINISTRATION

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

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

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

23 competency development training and related expenses for 

24 highway safety staff. 


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

4 which obligation authority was made available in previous 

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

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

8 Act may be used to obligate or award funds for the Na9 tional Highway Traffic Safety Administration’s National 

10 Roadside Survey. 

11 SEC. 143. 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. 144. 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 $15,000,000, to remain available until September 30, 

22 2020, shall be made available to the National Highway 

23 Traffic Safety Administration from the general fund, of 

24 which not to exceed $5,000,000 shall be available to pro25 vide funding for grants, pilot program activities, and innoVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 vative solutions to reduce drug-impaired-driving fatalities 

2 in collaboration with eligible entities under section 403 of 

3 title 23, United States Code, and not to exceed 

4 $10,000,000 shall be available to continue a high visibility 

5 enforcement paid-media campaign regarding highway-rail 

6 grade crossing safety in collaboration with the Federal 

7 Railroad Administration. 

8 FEDERAL RAILROAD ADMINISTRATION

9 SAFETY AND OPERATIONS

10 For necessary expenses of the Federal Railroad Ad11 ministration, not otherwise provided for, $221,698,000, of 

12 which $18,000,000 shall remain available until expended. 

13 RAILROAD RESEARCH AND DEVELOPMENT

14 For necessary expenses for railroad research and de15 velopment, $40,600,000, to remain available until ex16 pended. 

17 RAILROAD REHABILITATION AND IMPROVEMENT

18 FINANCING PROGRAM

19 That the Secretary of Transportation is authorized 

20 to issue direct loans and loan guarantees pursuant to sec21 tions 501 through 504 of the Railroad Revitalization and 

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

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

24 direct loan or loan guarantee is outstanding. 


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1 FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD

2 REPAIR

3 For necessary expenses related to Federal-State 

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

6 $500,000,000, to remain available until expended: Pro7 vided, That the Notice of Funding Opportunity for funds 

8 provided under this heading shall be issued not later than 

9 60 days after enactment of this Act: Provided further, 

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

11 amount provided under this heading for the costs of award 

12 and project management oversight of grants carried out 

13 under section 24911 of title 49, United States Code. 

14 CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY

15 IMPROVEMENTS

16 For necessary expenses related to Consolidated Rail 

17 Infrastructure and Safety Improvements Grants, as au18 thorized by section 24407 of title 49, United States Code, 

19 $300,000,000, to remain available until expended, of 

20 which $150,000,000 shall be available for eligible projects 

21 under section 24407(c)(1) of title 49, United States Code, 

22 for the implementation of positive train control systems: 

23 Provided, That section 24405(f) of title 49, United States 

24 Code, shall not apply to projects for the implementation 

25 of positive train control systems otherwise eligible under 


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1 section 24407(c)(1) of title 49, United States Code: Pro2 vided further, That amounts available under this heading 

3 for projects selected for commuter rail passenger transpor4 tation may be transferred by the Secretary, after selection, 

5 to the appropriate agencies to be administered in accord6 ance with chapter 53 of title 49, United States Code: Pro7 vided further, That unobligated balances remaining after 

8 four years from the date of enactment may be used for 

9 any eligible project under section 24407(c) of title 49, 

10 United States Code: Provided further, That the Secretary 

11 shall issue a single Notice of Funding Opprtunity for 

12 funding provided under this heading not later than 60 

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

14 the Secretary may withhold up to one percent of the 

15 amount provided under this heading for the costs of award 

16 and project management oversight of grants carried out 

17 under section 24407 of title 49, United States Code. 

18 MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT

19 PROGRAM

20 For necessary expenses related to the deployment 

21 magnetic levitation transportation projects, consistent 

22 with language in 1307(a) through (c) of Public Law 109- 

23 59, as amended by section 102 of Public Law 110-244 

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

25 $150,000,000, to remain available until expended. 


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1 NORTHEAST CORRIDOR 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 Northeast Corridor as au6 thorized by section 11101(a) of the Fixing America’s Sur7 face Transportation Act (division A of Public Law 114– 

8 94), $650,000,000, to remain available until expended: 

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

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

11 and the ‘‘National Network Grants to the National Rail12 road Passenger Corporation’’ heading to fund the costs 

13 of project management and oversight of activities author14 ized by section 11101(c) of division A of Public Law 114– 

15 94: Provided further, That in addition to the project man16 agement oversight funds authorized under section 

17 11101(c) of division A of Public Law 114–94, the Sec18 retary may retain up to an additional $5,000,000 of the 

19 funds provided under this heading to fund expenses associ20 ated with the Northeast Corridor Commission established 

21 under section 24905 of title 49, United States Code: Pro22 vided further, That of the amounts made available under 

23 this heading and the ‘‘National Network Grants to the Na24 tional Railroad Passenger Corporation’’ heading, not less 

25 than $50,000,000 shall be made available to bring AmVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 trak-served facilities and stations into compliance with the 

2 Americans with Disabilities Act. 

3 NATIONAL NETWORK GRANTS TO THE NATIONAL

4 RAILROAD PASSENGER CORPORATION

5 To enable the Secretary of Transportation to make 

6 grants to the National Railroad Passenger Corporation for 

7 activities associated with the National Network as author8 ized by section 11101(b) of the Fixing America’s Surface 

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

10 $1,291,600,000, to remain available until expended: Pro11 vided, That the Secretary may retain up to an additional 

12 $2,000,000 of the funds provided under this heading to 

13 fund expenses associated with the State-Supported Route 

14 Committee established under section 24712 of title 49, 

15 United States Code. 

16 ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD

17 ADMINISTRATION

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

19 Railroad Passenger Corporation may be used to fund any 

20 overtime costs in excess of $35,000 for any individual em21 ployee: Provided, That the President of Amtrak may waive 

22 the cap set in the previous proviso for specific employees 

23 when the President of Amtrak determines such a cap 

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

25 system: Provided further, That the President of Amtrak 


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1 shall report to the House and Senate Committees on Ap2 propriations each quarter within 30 days of such quarter 

3 of the calendar year on waivers granted to employees and 

4 amounts paid above the cap for each month within such 

5 quarter and delineate the reasons each waiver was grant6 ed: Provided further, That the President of Amtrak shall 

7 report to the House and Senate Committees on Appropria8 tions within 60 days of enactment of this Act, a summary 

9 of all overtime payments incurred by the Corporation for 

10 2018 and the three prior calendar years: Provided further, 

11 That such summary shall include the total number of em12 ployees that received waivers and the total overtime pay13 ments the Corporation paid to those employees receiving 

14 waivers for each month for 2018 and for the three prior 

15 calendar years. 

16 SEC. 151. None of the fund made available by this 

17 Act shall be used by the Surface Transportation Board 

18 to take any actions with respect to the construction of a 

19 high speed rail project in California unless the permit is 

20 issued by the Board with respect to the project in its en21 tirety. 

22 SEC. 152. None of the funds made available by this 

23 Act may be used for high-speed rail in the State of Cali24 fornia or for the California High Speed Rail Authority, 

25 nor may be used by the Federal Railroad Administration 


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1 to administer a grant agreement with the California High 

2 Speed Rail Authority that contains a tapered matching re3 quirement. 

4 FEDERAL TRANSIT ADMINISTRATION

5 ADMINISTRATIVE EXPENSES

6 For necessary administrative expenses of the Federal 

7 Transit Administration’s programs authorized by chapter 

8 53 of title 49, United States Code, $113,165,000: Pro9 vided, That none of the funds provided or limited in this 

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

11 security under this heading: Provided further, That upon 

12 submission to the Congress of the fiscal year 2020 Presi13 dent’s budget, the Secretary of Transportation shall trans14 mit to Congress the annual report on New Starts, includ15 ing proposed allocations for fiscal year 2020. 

16 TRANSIT FORMULA GRANTS

17 (LIQUIDATION OF CONTRACT AUTHORIZATION)

18 (LIMITATION ON OBLIGATIONS)

19 (HIGHWAY TRUST FUND)

20 For payment of obligations incurred in the Federal 

21 Public Transportation Assistance Program in this ac22 count, and for payment of obligations incurred in carrying 

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

24 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and 

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1 portation Act, and section 20005(b) of Public Law 112– 

2 141, and section 3006(b) of the Fixing America’s Surface 

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

4 the Mass Transit Account of the Highway Trust Fund 

5 and to remain available until expended: Provided, That 

6 funds available for the implementation or execution of pro7 grams authorized under 49 U.S.C. 5305, 5307, 5310, 

8 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, 

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

10 Transportation Act, and section 20005(b) of Public Law 

11 112–141, and section 3006(b) of the Fixing America’s 

12 Surface Transportation Act, shall not exceed total obliga13 tions of $9,939,380,030 in fiscal year 2019: Provided fur14 ther, That the Federal share of the cost of activities car15 ried out under section 5312 shall not exceed 80 percent, 

16 except that if there is substantial public interest or benefit, 

17 the Secretary may approve a greater Federal share. 

18 TRANSIT INFRASTRUCTURE GRANTS

19 For an additional amount for buses and bus facilities 

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

21 formula grants for rural areas under section 5311 of such 

22 title, state of good repair grants under section 5337 of 

23 such title, high density state apportionments under section 

24 5340(d) of such title, and urbanized area formula grants 

25 under section 5307 of such title, $800,000,000 to remain 


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1 available until expended: Provided, That $350,000,000 

2 shall be available for grants as authorized under section 

3 5339 of such title, of which $300,000,000 shall be avail4 able for the buses and bus facilities competitive grants as 

5 authorized under section 5339(b) of such title, and 

6 $50,000,000 shall be available for the low or no emission 

7 grants as authorized under section 5339(c) of such title: 

8 Provided further, That $50,000,000 shall be available for 

9 formula grants for rural areas as authorized under section 

10 5311 of such title: Provided further, That $200,000,000 

11 shall be available for the state of good repair grants as 

12 authorized under section 5337 of such title: Provided fur13 ther, That $50,000,000 shall be available for the high den14 sity state apportionments as authorized under section 

15 5340(d) of such title: Provided further, That 

16 $150,000,000 shall be available for urbanized area for17 mula grants as authorized under section 5307 of such 

18 title: Provided further, That amounts made available under 

19 this heading shall be derived from the general fund: Pro20 vided further, That the amounts made available under this 

21 heading shall not be subject to any limitation on obliga22 tions for transit programs set forth in any Act. 

23 TECHNICAL ASSISTANCE AND TRAINING

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

25 $5,000,000. 


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1 CAPITAL INVESTMENT GRANTS

2 For necessary expenses to carry out fixed guideway 

3 capital investment grants under section 5309 of title 49, 

4 United States Code, $2,613,650,000 to remain available 

5 until September 30, 2022: Provided, That of the amounts 

6 made available under this heading, $2,221,602,500 shall 

7 be obligated by December 31, 2020: Provided further, 

8 That of the amounts made available under this heading, 

9 $835,700,000 shall be available for new fixed guideway 

10 projects, that have executed full funding grant agree11 ments, authorized under subsection (d) of such section, 

12 $500,000,000 shall be available for new projects author13 ized under such section, $200,000,000 shall be available 

14 for core capacity improvement projects, that have executed 

15 full funding grant agreements, authorized under sub16 section (e) of such section, $550,000,000 shall be available 

17 for new projects authorized under such section, and 

18 $502,150,000 shall be available for small starts projects 

19 authorized under subsection (h) of such section: Provided 

20 further, That the Secretary shall continue to administer 

21 the capital investment grant program in accordance with 

22 the procedural and substantive requirements of section 

23 5309 of such title. 


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1 GRANTS TO THE WASHINGTON METROPOLITAN AREA

2 TRANSIT AUTHORITY

3 For grants to the Washington Metropolitan Area 

4 Transit Authority as authorized under section 601 of divi5 sion B of Public Law 110–432, $150,000,000, to remain 

6 available until expended: Provided, That the Secretary of 

7 Transportation shall approve grants for capital and pre8 ventive maintenance expenditures for the Washington 

9 Metropolitan Area Transit Authority only after receiving 

10 and reviewing a request for each specific project: Provided 

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

12 shall certify that the Washington Metropolitan Area Tran13 sit Authority is making progress to improve its safety 

14 management system in response to the Federal Transit 

15 Administration’s 2015 safety management inspection: 

16 Provided further, That the Secretary shall determine that 

17 the Washington Metropolitan Area Transit Authority has 

18 placed the highest priority on those investments that will 

19 improve the safety of the system before approving such 

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

21 ensure safety throughout the rail system, may waive the 

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

23 Law 110–432. 


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1 ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT

2 ADMINISTRATION

3 SEC. 160. The limitations on obligations for the pro4 grams of the Federal Transit Administration shall not 

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

6 made available for obligation, or to any other authority 

7 previously made available for obligation. 

8 SEC. 161. Notwithstanding any other provision of 

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

10 heading ‘‘Fixed Guideway Capital Investment’’ of the Fed11 eral Transit Administration for projects specified in this 

12 Act or identified in reports accompanying this Act not ob13 ligated by September 30, 2022, and other recoveries, shall 

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

15 purposes for which they were originally provided. 

16 SEC. 162. Notwithstanding any other provision of 

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

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

19 that remain available for expenditure, may be transferred 

20 to and administered under the most recent appropriation 

21 heading for any such section. 

22 SEC. 163. (a) Except as provided in subsection (b), 

23 none of the funds in this or any other Act may be available 

24 to advance in any way a new light or heavy rail project 

25 towards a full funding grant agreement as defined by 49 


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1 U.S.C. 5309 for the Metropolitan Transit Authority of 

2 Harris County, Texas if the proposed capital project is 

3 constructed on or planned to be constructed on Richmond 

4 Avenue west of South Shepherd Drive or on Post Oak 

5 Boulevard north of Richmond Avenue in Houston, Texas. 

6 (b) The Metropolitan Transit Authority of Harris 

7 County, Texas, may attempt to construct or construct a 

8 new fixed guideway capital project, including light rail, in 

9 the locations referred to in subsection (a) if— 

10 (1) voters in the jurisdiction that includes such 

11 locations approve a ballot proposition that specifies 

12 routes on Richmond Avenue west of South Shepherd 

13 Drive or on Post Oak Boulevard north of Richmond 

14 Avenue in Houston, Texas; and 

15 (2) the proposed construction of such routes is 

16 part of a comprehensive, multi-modal, service-area 

17 wide transportation plan that includes multiple addi18 tional segments of fixed guideway capital projects, 

19 including light rail for the jurisdiction set forth in 

20 the ballot proposition. The ballot language shall in21 clude reasonable cost estimates, sources of revenue 

22 to be used and the total amount of bonded indebted23 ness to be incurred as well as a description of each 

24 route and the beginning and end point of each pro25 posed transit project. 


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1 SEC. 164. Notwithstanding any other provision of 

2 law, none of the funds made available in this Act shall 

3 be used to enter into a full funding grant agreement for 

4 a project with a New Starts share greater than 50 percent. 

5 SEC. 165. None of the funds appropriated or other6 wise made available to the Federal Transit Administration 

7 under this Act may be used in awarding any contract or 

8 subcontract for the procurement of an asset within the 

9 mass transit and passenger rail or freight rail subsectors 

10 included within the transportation systems sector defined 

11 by President Policy Directive 21 (Critical Infrastructure 

12 Security and Resilience) including rolling stock, and the 

13 ensuing regulations if the entity is owned, directed, or sub14 sidized by a country identified as a priority watch list 

15 country by the United States Trade Representative in the 

16 most recent report required under section 182 of the 

17 Trade Act of 1974 (19 U.S.C. 2242) and is subject to 

18 monitoring by the Trade Representative under section 306 

19 of the Trade Act of 1974 (19 U.S.C. 2416). 

20 SAINT LAWRENCE SEAWAY DEVELOPMENT

21 CORPORATION

22 The Saint Lawrence Seaway Development Corpora23 tion is hereby authorized to make such expenditures, with24 in the limits of funds and borrowing authority available 

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


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1 such contracts and commitments without regard to fiscal 

2 year limitations, as provided by section 104 of the Govern3 ment Corporation Control Act, as amended, as may be 

4 necessary in carrying out the programs set forth in the 

5 Corporation’s budget for the current fiscal year. 

6 OPERATIONS AND MAINTENANCE

7 (HARBOR MAINTENANCE TRUST FUND)

8 For necessary expenses to conduct the operations, 

9 maintenance, and capital asset renewal activities of those 

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

11 maintained by the Saint Lawrence Seaway Development 

12 Corporation, $40,000,000, to be derived from the Harbor 

13 Maintenance Trust Fund, pursuant to Public Law 99– 

14 662: Provided, That of the amounts made available under 

15 this heading, not less than $19,000,000 shall be used on 

16 asset renewal activities. 

17 MARITIME ADMINISTRATION

18 MARITIME SECURITY PROGRAM

19 For necessary expenses to maintain and preserve a 

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

21 needs of the United States, $300,000,000, to remain avail22 able until expended. 

23 OPERATIONS AND TRAINING

24 For necessary expenses of operations and training ac25 tivities authorized by law, $505,228,000, of which 


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1 $22,000,000 shall remain available until expended for 

2 maintenance and repair of training ships at State Mari3 time Academies, and of which $300,000,000 shall remain 

4 available until expended for the National Security Multi5 Mission Vessel Program, including funds for construction, 

6 planning, administration, and design of school ships in ac7 cordance with section 3505 of Public Law 114–328, as 

8 applicable; and of which $30,000,000 shall remain avail9 able until expended to refurbish an existing school ship; 

10 and of which $2,400,000 shall remain available through 

11 September 30, 2020, for the Student Incentive Program 

12 at State Maritime Academies, and of which $1,800,000 

13 shall remain available until expended for training ship fuel 

14 assistance payments, and of which $18,000,000 shall re15 main available until expended for facilities maintenance 

16 and repair, equipment, and capital improvements at the 

17 United States Merchant Marine Academy, and of which 

18 $3,000,000 shall remain available through September 30, 

19 2019, for Maritime Environment and Technology Assist20 ance program authorized under section 50307 of title 46, 

21 United States Code: Provided, That not later than 90 days 

22 after enactment of this Act, the Administrator of the Mar23 itime Administration shall transmit to the House and Sen24 ate Committees on Appropriations the annual report on 

25 sexual assault and sexual harassment at the United States 


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1 Merchant Marine Academy as required pursuant to sec2 tion 3507 of Public Law 110–417. 

3 ASSISTANCE TO SMALL SHIPYARDS

4 To make grants to qualified shipyards as authorized 

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

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

7 available until expended. 

8 SHIP DISPOSAL

9 For necessary expenses related to the disposal of ob10 solete vessels in the National Defense Reserve Fleet of the 

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

12 until expended. 

13 ADMINISTRATIVE PROVISIONS—MARITIME

14 ADMINISTRATION

15 SEC. 170. Notwithstanding any other provision of 

16 this Act, in addition to any existing authority, the Mari17 time Administration is authorized to furnish utilities and 

18 services and make necessary repairs in connection with 

19 any lease, contract, or occupancy involving Government 

20 property under control of the Maritime Administration: 

21 Provided, That payments received therefor shall be cred22 ited to the appropriation charged with the cost thereof and 

23 shall remain available until expended: Provided further, 

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

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


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1 repairs shall be covered into the Treasury as miscellaneous 

2 receipts. 

3 SEC. 171. (a) FOREIGN AND INTERCOASTAL VOY4 AGES.—Section 10313(g) of title 46, United States Code, 

5 is amended— 

6 (1) in paragraph (2)— 

7 (A) by striking ‘‘all claims in a class action 

8 suit by seamen’’ and inserting ‘‘each claim by 

9 a seaman’’; and 

10 (B) by striking ‘‘the seamen’’ and inserting 

11 ‘‘the seaman’’; and 

12 (2) in paragraph (3)— 

13 (A) by striking ‘‘class action’’; and 

14 (B) in subparagraph (B), by striking ‘‘, by 

15 a seaman who is a claimant in the suit,’’ and 

16 inserting ‘‘by the seaman’’. 

17 (b) COASTWISE VOYAGES.—Section 10504(c) of such 

18 title is amended— 

19 (1) in paragraph (2)— 

20 (A) by striking ‘‘all claims in a class action 

21 suit by seamen’’ and inserting ‘‘each claim by 

22 a seaman’’; and 

23 (B) by striking ‘‘the seamen’’ and inserting 

24 ‘‘the seaman’’; and 

25 (2) in paragraph (3)— 


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1 (A) by striking ‘‘class action’’; and 

2 (B) in subparagraph (B), by striking ‘‘, by 

3 a seaman who is a claimant in the suit’’ and in4 serting ‘‘by the seaman’’. 

5 PIPELINE AND HAZARDOUS MATERIALS SAFETY

6 ADMINISTRATION

7 OPERATIONAL EXPENSES

8 For necessary operational expenses of the Pipeline 

9 and Hazardous Materials Safety Administration, 

10 $23,000,000. 

11 HAZARDOUS MATERIALS SAFETY

12 For expenses necessary to discharge the hazardous 

13 materials safety functions of the Pipeline and Hazardous 

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

15 $7,570,000 shall remain available until September 30, 

16 2021: Provided, That up to $800,000 in fees collected 

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

18 fund of the Treasury as offsetting receipts: Provided fur19 ther, That there may be credited to this appropriation, to 

20 be available until expended, funds received from States, 

21 counties, municipalities, other public authorities, and pri22 vate sources for expenses incurred for training, for reports 

23 publication and dissemination, and for travel expenses in24 curred in performance of hazardous materials exemptions 

25 and approvals functions. 


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1 PIPELINE SAFETY

2 (PIPELINE SAFETY FUND)

3 (OIL SPILL LIABILITY TRUST FUND)

4 For expenses necessary to carry out a pipeline safety 

5 program, as authorized by 49 U.S.C. 60107, and to dis6 charge the pipeline program responsibilities of the Oil Pol7 lution Act of 1990, $165,000,000, to remain available 

8 until September 30, 2021, of which $23,000,000 shall be 

9 derived from the Oil Spill Liability Trust Fund; of which 

10 $134,000,000 shall be derived from the Pipeline Safety 

11 Fund; and of which $8,000,000 shall be derived from fees 

12 collected under 49 U.S.C. 60302 and deposited in the Un13 derground Natural Gas Storage Facility Safety Account 

14 for the purpose of carrying out 49 U.S.C. 60141: Pro15 vided, That not less than $1,058,000 of the funds pro16 vided under this heading shall be for the One-Call State 

17 grant program. 

18 EMERGENCY PREPAREDNESS GRANTS

19 (EMERGENCY PREPAREDNESS FUND)

20 For expenses necessary to carry out the Emergency 

21 Preparedness Grants program, not more than 

22 $28,318,000 shall remain available until September 30, 

23 2021, from amounts made available by 49 U.S.C. 5116(h), 

24 and 5128(b) and (c): Provided, That notwithstanding 49 

25 U.S.C. 5116(h)(4), not more than 4 percent of the 


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1 amounts made available from this account shall be avail2 able to pay administrative costs. 

3 OFFICE OF INSPECTOR GENERAL

4 SALARIES AND EXPENSES

5 For necessary expenses of the Office of the Inspector 

6 General to carry out the provisions of the Inspector Gen7 eral Act of 1978, as amended, $92,152,000: Provided, 

8 That the Inspector General shall have all necessary au9 thority, in carrying out the duties specified in the Inspec10 tor General Act, as amended (5 U.S.C. App. 3), to inves11 tigate allegations of fraud, including false statements to 

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

13 that is subject to regulation by the Department of Trans14 portation: Provided further, That the funds made available 

15 under this heading may be used to investigate, pursuant 

16 to section 41712 of title 49, United States Code: (1) un17 fair or deceptive practices and unfair methods of competi18 tion by domestic and foreign air carriers and ticket agents; 

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

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

21 GENERAL PROVISIONS—DEPARTMENT OF

22 TRANSPORTATION

23 SEC. 180. (a) During the current fiscal year, applica24 ble appropriations to the Department of Transportation 

25 shall be available for maintenance and operation of airVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 craft; hire of passenger motor vehicles and aircraft; pur2 chase of liability insurance for motor vehicles operating 

3 in foreign countries on official department business; and 

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

5 U.S.C. 5901–5902). 

6 (b) During the current fiscal year, applicable appro7 priations to the Department and its operating administra8 tions shall be available for the purchase, maintenance, op9 eration, and deployment of unmanned aircraft systems 

10 that advance the Department’s, or its operating adminis11 trations’, missions. 

12 (c) Any unmanned aircraft system purchased or pro13 cured by the Department prior to the enactment of this 

14 Act shall be deemed authorized. 

15 SEC. 181. Appropriations contained in this Act for 

16 the Department of Transportation shall be available for 

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

18 individuals not to exceed the per diem rate equivalent to 

19 the rate for an Executive Level IV. 

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

21 in this Act shall disseminate personal information (as de22 fined in 18 U.S.C. 2725(3)) obtained by a State depart23 ment of motor vehicles in connection with a motor vehicle 

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


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

2 2721. 

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

4 shall not withhold funds provided in this Act for any 

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

6 SEC. 183. Funds received by the Federal Highway 

7 Administration and Federal Railroad Administration from 

8 States, counties, municipalities, other public authorities, 

9 and private sources for expenses incurred for training may 

10 be credited respectively to the Federal Highway Adminis11 tration’s ‘‘Federal-Aid Highways’’ account and to the Fed12 eral Railroad Administration’s ‘‘Safety and Operations’’ 

13 account, except for State rail safety inspectors partici14 pating in training pursuant to 49 U.S.C. 20105. 

15 SEC. 184. (a) None of the funds provided in this Act 

16 to the Department of Transportation may be used to make 

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

18 grant unless the Secretary of Transportation notifies the 

19 House and Senate Committees on Appropriations not less 

20 than 3 full business days before any project competitively 

21 selected to receive any discretionary grant award, letter 

22 of intent, loan commitment, loan guarantee commitment, 

23 line of credit commitment, or full funding grant agreement 

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1 fication to the House and Senate Committees on Appro2 priations for any ‘‘quick release’’ of funds from the emer3 gency relief program: Provided further, That no notifica4 tion shall involve funds that are not available for obliga5 tion. 

6 (b) In addition to the notification required in sub7 section (a), none of the funds made available in this Act 

8 to the Department of Transportation may be used to make 

9 a loan, loan guarantee, line of credit, cooperative agree10 ment or discretionary grant unless the Secretary of Trans11 portation provides the House and Senate Committees on 

12 Appropriations a comprehensive list of all such loans, loan 

13 guarantees, lines of credit, cooperative agreement or dis14 cretionary grants that will be announced not less the 3 

15 full business days before such announcement: Provided, 

16 That the requirement to provide a list in this subsection 

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

18 emergency relief program: Provided further, That no list 

19 shall involve funds that are not available for obligation. 

20 SEC. 185. Rebates, refunds, incentive payments, 

21 minor fees and other funds received by the Department 

22 of Transportation from travel management centers, 

23 charge card programs, the subleasing of building space, 

24 and miscellaneous sources are to be credited to appropria25 tions of the Department of Transportation and allocated 


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1 to elements of the Department of Transportation using 

2 fair and equitable criteria and such funds shall be avail3 able until expended. 

4 SEC. 186. Amounts made available in this or any 

5 prior Act that the Secretary determines represent im6 proper payments by the Department of Transportation to 

7 a third-party contractor under a financial assistance 

8 award, which are recovered pursuant to law, shall be avail9 able— 

10 (1) to reimburse the actual expenses incurred 

11 by the Department of Transportation in recovering 

12 improper payments: Provided, That amounts made 

13 available in this Act shall be available until ex14 pended; and 

15 (2) to pay contractors for services provided in 

16 recovering improper payments or contractor support 

17 in the implementation of the Improper Payments In18 formation Act of 2002: Provided, That amounts in 

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

20 (A) shall be credited to and merged with 

21 the appropriation from which the improper pay22 ments were made, and shall be available for the 

23 purposes and period for which such appropria24 tions are available: Provided further, That 

25 where specific project or accounting information 


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1 associated with the improper payment or pay2 ments is not readily available, the Secretary 

3 may credit an appropriate account, which shall 

4 be available for the purposes and period associ5 ated with the account so credited; or 

6 (B) if no such appropriation remains avail7 able, shall be deposited in the Treasury as mis8 cellaneous receipts: Provided further, That prior 

9 to the transfer of any such recovery to an ap10 propriations account, the Secretary shall notify 

11 the House and Senate Committees on Appro12 priations of the amount and reasons for such 

13 transfer: Provided further, That for purposes of 

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

15 the same meaning as that provided in section 

16 2(d)(2) of Public Law 107–300. 

17 SEC. 187. Notwithstanding any other provision of 

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

19 subject to a reprogramming action that requires notice to 

20 be provided to the House and Senate Committees on Ap21 propriations, transmission of said reprogramming notice 

22 shall be provided solely to the House and Senate Commit23 tees on Appropriations, and said reprogramming action 

24 shall be approved or denied solely by the House and Sen25 ate Committees on Appropriations: Provided, That the 


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1 Secretary of Transportation may provide notice to other 

2 congressional committees of the action of the House and 

3 Senate Committees on Appropriations on such reprogram4 ming but not sooner than 30 days following the date on 

5 which the reprogramming action has been approved or de6 nied by the House and Senate Committees on Appropria7 tions. 

8 SEC. 188. Funds appropriated in this Act to the 

9 modal administrations may be obligated for the Office of 

10 the Secretary for the costs related to assessments or reim11 bursable agreements only when such amounts are for the 

12 costs of goods and services that are purchased to provide 

13 a direct benefit to the applicable modal administration or 

14 administrations. 

15 SEC. 189. The Secretary of Transportation is author16 ized to carry out a program that establishes uniform 

17 standards for developing and supporting agency transit 

18 pass and transit benefits authorized under section 7905 

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

20 transit benefits by various paper and electronic media. 

21 SEC. 190. The Department of Transportation may 

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

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

24 geographic, economic, or any other hiring preference not 

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1 tion, policy or other measure that forbids a recipient of 

2 a Federal Highway Administration or Federal Transit Ad3 ministration grant from imposing such hiring preference 

4 on a contract or construction project with which the De5 partment of Transportation is assisting, only if the grant 

6 recipient certifies the following: 

7 (1) that except with respect to apprentices or 

8 trainees, a pool of readily available but unemployed 

9 individuals possessing the knowledge, skill, and abil10 ity to perform the work that the contract requires 

11 resides in the jurisdiction; 

12 (2) that the grant recipient will include appro13 priate provisions in its bid document ensuring that 

14 the contractor does not displace any of its existing 

15 employees in order to satisfy such hiring preference; 

16 and 

17 (3) that any increase in the cost of labor, train18 ing, or delays resulting from the use of such hiring 

19 preference does not delay or displace any transpor20 tation project in the applicable Statewide Transpor21 tation Improvement Program or Transportation Im22 provement Program. 

23 This title may be cited as the ‘‘Department of Trans24 portation Appropriations Act, 2019’’. 


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1 TITLE II 

2 DEPARTMENT OF HOUSING AND URBAN 

3 DEVELOPMENT 

4 MANAGEMENT AND ADMINISTRATION

5 EXECUTIVE OFFICES

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

10 Small and Disadvantaged Business Utilization, and the 

11 Center for Faith-Based and Neighborhood Partnerships, 

12 $14,743,000: Provided, That not to exceed $25,000 of the 

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

16 ADMINISTRATIVE SUPPORT OFFICES

17 For necessary salaries and expenses for Administra18 tive Support Offices, $525,657,000, of which $49,556,000 

19 shall be available for the Office of the Chief Financial Offi20 cer; $96,307,000 shall be available for the Office of the 

21 General Counsel; $211,408,000 shall be available for the 

22 Office of Administration; $45,688,000 shall be available 

23 for the Office of the Chief Human Capital Officer; 

24 $51,822,000 shall be available for the Office of Field Pol25 icy and Management; $18,370,000 shall be available for 


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1 the Office of the Chief Procurement Officer; $3,542,000 

2 shall be available for the Office of Departmental Equal 

3 Employment Opportunity; $4,197,000 shall be available 

4 for the Office of Business Transformation; and 

5 $44,767,000 shall be available for the Office of the Chief 

6 Information Officer: Provided, That up to $7,500,000 may 

7 be used to fully fund the second phase of HUD’s initiative 

8 to consolidate four headquarters satellite offices into the 

9 Robert C. Weaver Federal building: Provided further, That 

10 funds provided under this heading may be used for nec11 essary administrative and non-administrative expenses of 

12 the Department of Housing and Urban Development, not 

13 otherwise provided for, including purchase of uniforms, or 

14 allowances therefor, as authorized by 5 U.S.C. 5901– 

15 5902; hire of passenger motor vehicles; and services as au16 thorized by 5 U.S.C. 3109: Provided further, That not17 withstanding any other provision of law, funds appro18 priated under this heading may be used for advertising 

19 and promotional activities that directly support program 

20 activities funded in this title: Provided further, That the 

21 Secretary shall provide the House and Senate Committees 

22 on Appropriations quarterly written notification regarding 

23 the status of pending congressional reports: Provided fur24 ther, That the Secretary shall provide in electronic form 

25 all signed reports required by Congress. 


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1 PROGRAM OFFICE SALARIES AND EXPENSES

2 PUBLIC AND INDIAN HOUSING

3 For necessary salaries and expenses of the Office of 

4 Public and Indian Housing, $215,689,000. 

5 COMMUNITY PLANNING AND DEVELOPMENT

6 For necessary salaries and expenses of the Office of 

7 Community Planning and Development, $109,689,000. 

8 HOUSING

9 For necessary salaries and expenses of the Office of 

10 Housing, $370,222,000. 

11 POLICY DEVELOPMENT AND RESEARCH

12 For necessary salaries and expenses of the Office of 

13 Policy Development and Research, $25,056,000. 

14 FAIR HOUSING AND EQUAL OPPORTUNITY

15 For necessary salaries and expenses of the Office of 

16 Fair Housing and Equal Opportunity, $71,312,000. 

17 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

18 HOMES

19 For necessary salaries and expenses of the Office of 

20 Lead Hazard Control and Healthy Homes, $8,303,000. 

21 WORKING CAPITAL FUND

22 (INCLUDING TRANSFER OF FUNDS)

23 For the working capital fund for the Department of 

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


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1 of the Department of Housing and Urban Development 

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

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

4 under this heading shall be available for Federal shared 

5 services used by offices and agencies of the Department, 

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

7 records management, space renovation, furniture, supply 

8 services, or other shared services as the Secretary deter9 mines shall be derived from centralized sources made 

10 available by the Department to all offices and agencies and 

11 funded through the Fund: Provided, That of the amounts 

12 made available in this title for salaries and expenses under 

13 the headings ‘‘Executive Offices’’, ‘‘Administrative Sup14 port Offices’’, ‘‘Program Office Salaries and Expenses’’, 

15 and ‘‘Government National Mortgage Association’’, the 

16 Secretary shall transfer to the Fund such amounts, to re17 main available until expended, as are necessary to fund 

18 services specified in the matter preceding the first proviso, 

19 for which the appropriation would otherwise have been 

20 available, and may transfer not to exceed an additional 

21 $5,000,000, in aggregate, from all such appropriations, to 

22 be merged with the Fund and to remain available until 

23 expended for any purpose under this heading: Provided 

24 further, That amounts in the Fund shall be the only 

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1 ment for the services, or portion of services, specified in 

2 the matter preceding the first proviso: Provided further, 

3 That with respect to the Fund, the authorities and condi4 tions under this heading shall supplement the authorities 

5 and conditions provided under section 7(f). 

6 PUBLIC AND INDIAN HOUSING

7 TENANT-BASED RENTAL ASSISTANCE

8 For activities and assistance for the provision of ten9 ant-based rental assistance authorized under the United 

10 States Housing Act of 1937, as amended (42 U.S.C. 1437 

11 et seq.) (‘‘the Act’’ herein), not otherwise provided for, 

12 $18,476,613,000, to remain available until expended, shall 

13 be available on October 1, 2018 (in addition to the 

14 $4,000,000,000 previously appropriated under this head15 ing that shall be available on October 1, 2018), and 

16 $4,000,000,000, to remain available until expended, shall 

17 be available on October 1, 2019: Provided, That the 

18 amounts made available under this heading are provided 

19 as follows: 

20 (1) $20,106,613,000 shall be available for re21 newals of expiring section 8 tenant-based annual 

22 contributions contracts (including renewals of en23 hanced vouchers under any provision of law author24 izing such assistance under section 8(t) of the Act) 

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1 mental vouchers: Provided, That notwithstanding 

2 any other provision of law, from amounts provided 

3 under this paragraph and any carryover, the Sec4 retary for the calendar year 2019 funding cycle shall 

5 provide renewal funding for each public housing 

6 agency based on validated voucher management sys7 tem (VMS) leasing and cost data for the prior cal8 endar year and by applying an inflation factor as es9 tablished by the Secretary, by notice published in 

10 the Federal Register, and by making any necessary 

11 adjustments for the costs associated with the first12 time renewal of vouchers under this paragraph in13 cluding tenant protection and Choice Neighborhoods 

14 vouchers: Provided further, That none of the funds 

15 provided under this paragraph may be used to fund 

16 a total number of unit months under lease which ex17 ceeds a public housing agency’s authorized level of 

18 units under contract, except for public housing agen19 cies participating in the MTW demonstration, which 

20 are instead governed by the terms and conditions of 

21 their MTW agreements: Provided further, That the 

22 Secretary shall, to the extent necessary to stay with23 in the amount specified under this paragraph (ex24 cept as otherwise modified under this paragraph), 

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1 erwise established pursuant to this paragraph: Pro2 vided further, That except as provided in the fol3 lowing provisos, the entire amount specified under 

4 this paragraph (except as otherwise modified under 

5 this paragraph) shall be obligated to the public hous6 ing agencies based on the allocation and pro rata 

7 method described above, and the Secretary shall no8 tify public housing agencies of their annual budget 

9 by the latter of 60 days after enactment of this Act 

10 or March 1, 2019: Provided further, That the Sec11 retary may extend the notification period with the 

12 prior written approval of the House and Senate 

13 Committees on Appropriations: Provided further, 

14 That public housing agencies participating in the 

15 MTW demonstration shall be funded pursuant to 

16 their MTW agreements and shall be subject to the 

17 same pro rata adjustments under the previous pro18 visos: Provided further, That the Secretary may off19 set public housing agencies’ calendar year 2019 allo20 cations based on the excess amounts of public hous21 ing agencies’ net restricted assets accounts, includ22 ing HUD-held programmatic reserves (in accordance 

23 with VMS data in calendar year 2018 that is 

24 verifiable and complete), as determined by the Sec25 retary: Provided further, That public housing agenVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 cies participating in the MTW demonstration shall 

2 also be subject to the offset, as determined by the 

3 Secretary, excluding amounts subject to the single 

4 fund budget authority provisions of their MTW 

5 agreements, from the agencies’ calendar year 2019 

6 MTW funding allocation: Provided further, That the 

7 Secretary shall use any offset referred to in the pre8 vious two provisos throughout the calendar year to 

9 prevent the termination of rental assistance for fam10 ilies as the result of insufficient funding, as deter11 mined by the Secretary, and to avoid or reduce the 

12 proration of renewal funding allocations: Provided 

13 further, That the Secretary may make temporary ad14 justments to the allocations for public housing agen15 cies in an area for which the President declared a 

16 disaster under title IV of the Robert T. Stafford 

17 Disaster Relief and Emergency Assistance Act (42 

18 U.S.C. 5170 et seq.), to avoid significant funding re19 ductions that would otherwise result from the dis20 aster, upon request by a public housing agency and 

21 supported by documentation as required by the Sec22 retary that demonstrates that the need for the ad23 justment is due to the disaster: Provided further, 

24 That up to $100,000,000 shall be available only: (1) 

25 for adjustments in the allocations for public housing 


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1 agencies, after application for an adjustment by a 

2 public housing agency that experienced a significant 

3 increase, as determined by the Secretary, in renewal 

4 costs of vouchers resulting from unforeseen cir5 cumstances or from portability under section 8(r) of 

6 the Act; (2) for vouchers that were not in use during 

7 the previous 12-month period in order to be avail8 able to meet a commitment pursuant to section 

9 8(o)(13) of the Act; (3) for adjustments for costs as10 sociated with HUD-Veterans Affairs Supportive 

11 Housing (HUD–VASH) vouchers; (4) for public 

12 housing agencies that despite taking reasonable cost 

13 savings measures, as determined by the Secretary, 

14 would otherwise be required to terminate rental as15 sistance for families as a result of insufficient fund16 ing; and (5) for public housing agencies that have 

17 experienced increased costs or loss of units as a re18 sult of a Presidentially declared disaster: Provided 

19 further, That the Secretary shall allocate amounts 

20 under the previous proviso based on need, as deter21 mined by the Secretary; 

22 (2) $85,000,000 shall be for section 8 rental as23 sistance for relocation and replacement of housing 

24 units that are demolished or disposed of pursuant to 

25 section 18 of the Act, conversion of section 23 


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1 projects to assistance under section 8, the family 

2 unification program under section 8(x) of the Act, 

3 relocation of witnesses in connection with efforts to 

4 combat crime in public and assisted housing pursu5 ant to a request from a law enforcement or prosecu6 tion agency, enhanced vouchers under any provision 

7 of law authorizing such assistance under section 8(t) 

8 of the Act, HOPE VI and Choice Neighborhood 

9 vouchers, mandatory and voluntary conversions, and 

10 tenant protection assistance including replacement 

11 and relocation assistance or for project-based assist12 ance to prevent the displacement of unassisted elder13 ly tenants currently residing in section 202 prop14 erties financed between 1959 and 1974 that are refi15 nanced pursuant to Public Law 106–569, as amend16 ed, or under the authority as provided under this 

17 Act: Provided, That when a public housing develop18 ment is submitted for demolition or disposition 

19 under section 18 of the Act, the Secretary may pro20 vide section 8 rental assistance when the units pose 

21 an imminent health and safety risk to residents: 

22 Provided further, That the Secretary may only pro23 vide replacement vouchers for units that were occu24 pied within the previous 24 months that cease to be 

25 available as assisted housing, subject only to the 


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1 availability of funds: Provided further, That of the 

2 amounts made available under this paragraph, 

3 $5,000,000 may be available to provide tenant pro4 tection assistance, not otherwise provided under this 

5 paragraph, to residents residing in low vacancy 

6 areas and who may have to pay rents greater than 

7 30 percent of household income, as the result of: (A) 

8 the maturity of a HUD-insured, HUD-held or sec9 tion 202 loan that requires the permission of the 

10 Secretary prior to loan prepayment; (B) the expira11 tion of a rental assistance contract for which the 

12 tenants are not eligible for enhanced voucher or ten13 ant protection assistance under existing law; or (C) 

14 the expiration of affordability restrictions accom15 panying a mortgage or preservation program admin16 istered by the Secretary: Provided further, That such 

17 tenant protection assistance made available under 

18 the previous proviso may be provided under the au19 thority of section 8(t) or section 8(o)(13) of the 

20 United States Housing Act of 1937 (42 U.S.C. 

21 1437f(t)): Provided further, That the Secretary shall 

22 issue guidance to implement the previous provisos, 

23 including, but not limited to, requirements for defin24 ing eligible at-risk households within 60 days of the 

25 enactment of this Act: Provided further, That any 


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1 tenant protection voucher made available from 

2 amounts under this paragraph shall not be reissued 

3 by any public housing agency, except the replace4 ment vouchers as defined by the Secretary by notice, 

5 when the initial family that received any such vouch6 er no longer receives such voucher, and the authority 

7 for any public housing agency to issue any such 

8 voucher shall cease to exist: Provided further, That 

9 the Secretary may provide section 8 rental assist10 ance from amounts made available under this para11 graph for units assisted under a project-based sub12 sidy contract funded under the ‘‘Project-Based 

13 Rental Assistance’’ heading under this title where 

14 the owner has received a Notice of Default and the 

15 units pose an imminent health and safety risk to 

16 residents: Provided further, That to the extent that 

17 the Secretary determines that such units are not 

18 feasible for continued rental assistance payments or 

19 transfer of the subsidy contract associated with such 

20 units to another project or projects and owner or 

21 owners, any remaining amounts associated with such 

22 units under such contract shall be recaptured and 

23 used to reimburse amounts used under this para24 graph for rental assistance under the preceding pro25 viso; 


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1 (3) $1,800,000,000 shall be for administrative 

2 and other expenses of public housing agencies in ad3 ministering the section 8 tenant-based rental assist4 ance program, of which up to $70,000,000 shall be 

5 available to the Secretary to allocate to public hous6 ing agencies that need additional funds to admin7 ister their section 8 programs, including fees associ8 ated with section 8 tenant protection rental assist9 ance, the administration of disaster related vouchers, 

10 Veterans Affairs Supportive Housing vouchers, 

11 vouchers assigned to participants in the mobility 

12 demonstration authorized under section 238 of this 

13 title, and other special purpose incremental vouch14 ers: Provided, That no less than $1,730,000,000 of 

15 the amount provided in this paragraph shall be allo16 cated to public housing agencies for the calendar 

17 year 2019 funding cycle based on section 8(q) of the 

18 Act (and related Appropriation Act provisions) as in 

19 effect immediately before the enactment of the Qual20 ity Housing and Work Responsibility Act of 1998 

21 (Public Law 105–276): Provided further, That if the 

22 amounts made available under this paragraph are 

23 insufficient to pay the amounts determined under 

24 the previous proviso, the Secretary may decrease the 

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1 age applicable to all agencies receiving funding 

2 under this paragraph or may, to the extent nec3 essary to provide full payment of amounts deter4 mined under the previous proviso, utilize unobligated 

5 balances, including recaptures and carryovers, re6 maining from funds appropriated to the Department 

7 of Housing and Urban Development under this 

8 heading from prior fiscal years, excluding special 

9 purpose vouchers, notwithstanding the purposes for 

10 which such amounts were appropriated: Provided 

11 further, That all public housing agencies partici12 pating in the MTW demonstration shall be funded 

13 pursuant to their MTW agreements, and shall be 

14 subject to the same uniform percentage decrease as 

15 under the previous proviso: Provided further, That 

16 the Secretary may make temporary adjustments to 

17 the administrative fee eligibility determinations for 

18 public housing agencies in an area for which the 

19 President declared a disaster under title IV of the 

20 Robert T. Stafford Disaster Relief and Emergency 

21 Assistance Act (41 U.S.C. 5170 et seq.), to avoid 

22 significant funding reductions that would otherwise 

23 result from the disaster, upon request by a public 

24 housing agency and supported by documentation as 

25 required by the Secretary that demonstrates that the 


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1 need for the adjustment is due to the disaster: Pro2 vided further, That amounts provided under this 

3 paragraph shall be only for activities related to the 

4 provision of tenant-based rental assistance author5 ized under section 8, including related development 

6 activities; 

7 (4) $390,000,000 for the renewal of tenant8 based assistance contracts under section 811 of the 

9 Cranston-Gonzalez National Affordable Housing Act 

10 (42 U.S.C. 8013), including necessary administra11 tive expenses: Provided, That administrative and 

12 other expenses of public housing agencies in admin13 istering the special purpose vouchers in this para14 graph shall be funded under the same terms under 

15 paragraph (3) of this heading, except for any pro 

16 rata reduction: Provided further, That any amounts 

17 provided under this paragraph in this Act or prior 

18 Acts, remaining available after funding renewals and 

19 administrative expenses under this paragraph, shall 

20 be available only for incremental tenant-based rental 

21 assistance contracts under such section 811 for non22 elderly persons with disabilities, including necessary 

23 administrative expenses: Provided further, That, 

24 upon turnover, section 811 special purpose vouchers 

25 funded under this heading in this or prior Acts, or 


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1 under any other heading in prior Acts, shall be pro2 vided to non-elderly persons with disabilities; 

3 (5) $5,000,000 shall be for rental assistance 

4 and associated administrative fees for Tribal HUD– 

5 VA Supportive Housing to serve Native American 

6 veterans that are homeless or at-risk of homeless7 ness living on or near a reservation or other Indian 

8 areas: Provided, That such amount shall be made 

9 available for renewal grants to recipients that re10 ceived assistance under prior Acts under the Tribal 

11 HUD–VA Supportive Housing program: Provided 

12 further, That the Secretary shall be authorized to 

13 specify criteria for renewal grants, including data on 

14 the utilization of assistance reported by grant recipi15 ents: Provided further, That such assistance shall be 

16 administered in accordance with program require17 ments under the Native American Housing Assist18 ance and Self-Determination Act of 1996 and mod19 eled after the HUD–VASH program: Provided fur20 ther, That the Secretary shall be authorized to 

21 waive, or specify alternative requirements for any 

22 provision of any statute or regulation that the Sec23 retary administers in connection with the use of 

24 funds made available under this paragraph (except 

25 for requirements related to fair housing, nonVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 discrimination, labor standards, and the environ2 ment), upon a finding by the Secretary that any 

3 such waivers or alternative requirements are nec4 essary for the effective delivery and administration 

5 of such assistance: Provided further, That grant re6 cipients shall report to the Secretary on utilization 

7 of such rental assistance and other program data, as 

8 prescribed by the Secretary: Provided further, That 

9 the Secretary may reallocate, as determined by the 

10 Secretary, amounts returned or recaptured from 

11 awards under prior acts; 

12 (6) $40,000,000 for incremental rental voucher 

13 assistance for use through a supported housing pro14 gram administered in conjunction with the Depart15 ment of Veterans Affairs as authorized under section 

16 8(o)(19) of the United States Housing Act of 1937: 

17 Provided, That the Secretary of Housing and Urban 

18 Development shall make such funding available, not19 withstanding section 203 (competition provision) of 

20 this title, to public housing agencies that partner 

21 with eligible VA Medical Centers or other entities as 

22 designated by the Secretary of the Department of 

23 Veterans Affairs, based on geographical need for 

24 such assistance as identified by the Secretary of the 

25 Department of Veterans Affairs, public housing 


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1 agency administrative performance, and other fac2 tors as specified by the Secretary of Housing and 

3 Urban Development in consultation with the Sec4 retary of the Department of Veterans Affairs: Pro5 vided further, That the Secretary of Housing and 

6 Urban Development may waive, or specify alter7 native requirements for (in consultation with the 

8 Secretary of the Department of Veterans Affairs), 

9 any provision of any statute or regulation that the 

10 Secretary of Housing and Urban Development ad11 ministers in connection with the use of funds made 

12 available under this paragraph (except for require13 ments related to fair housing, nondiscrimination, 

14 labor standards, and the environment), upon a find15 ing by the Secretary that any such waivers or alter16 native requirements are necessary for the effective 

17 delivery and administration of such voucher assist18 ance: Provided further, That assistance made avail19 able under this paragraph shall continue to remain 

20 available for homeless veterans upon turn-over; 

21 (7) $50,000,000 shall be made available for the 

22 mobility demonstration authorized under section 238 

23 of this title, of which up to $20,000,000 shall be for 

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1 related services to families with children, including 

2 pre- and post-move counseling and rent deposits, 

3 and to offset the administrative costs of operating 

4 the mobility demonstration: Provided, That incre5 mental voucher assistance made available under this 

6 paragraph shall be for families with children partici7 pating in the mobility demonstration and shall con8 tinue to remain available for families with children 

9 upon turnover: Provided further, That for any public 

10 housing agency administering voucher assistance 

11 under the mobility demonstration that determines 

12 that it no longer has an identified need for such as13 sistance upon turnover, such agency shall notify the 

14 Secretary, and the Secretary shall recapture such as15 sistance from the agency and reallocate it to any 

16 other public housing agency or agencies based on 

17 need for voucher assistance in connection with such 

18 demonstration; and 

19 (8) the Secretary shall separately track all spe20 cial purpose vouchers funded under this heading. 

21 HOUSING CERTIFICATE FUND

22 (INCLUDING RESCISSIONS)

23 Unobligated balances, including recaptures and car24 ryover, remaining from funds appropriated to the Depart25 ment of Housing and Urban Development under this 


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1 heading, the heading ‘‘Annual Contributions for Assisted 

2 Housing’’ and the heading ‘‘Project-Based Rental Assist3 ance’’, for fiscal year 2019 and prior years may be used 

4 for renewal of or amendments to section 8 project-based 

5 contracts and for performance-based contract administra6 tors, notwithstanding the purposes for which such funds 

7 were appropriated: Provided, That any obligated balances 

8 of contract authority from fiscal year 1974 and prior that 

9 have been terminated shall be rescinded: Provided further, 

10 That amounts heretofore recaptured, or recaptured during 

11 the current fiscal year, from section 8 project-based con12 tracts from source years fiscal year 1975 through fiscal 

13 year 1987 are hereby rescinded, and an amount of addi14 tional new budget authority, equivalent to the amount re15 scinded is hereby appropriated, to remain available until 

16 expended, for the purposes set forth under this heading, 

17 in addition to amounts otherwise available. 

18 PUBLIC HOUSING CAPITAL FUND

19 For the Public Housing Capital Fund Program to 

20 carry out capital and management activities for public 

21 housing agencies, as authorized under section 9 of the 

22 United States Housing Act of 1937 (42 U.S.C. 1437g) 

23 (the ‘‘Act’’) $2,750,000,000, to remain available until 

24 September 30, 2022: Provided, That notwithstanding any 

25 other provision of law or regulation, during fiscal year 


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1 2019, the Secretary of Housing and Urban Development 

2 may not delegate to any Department official other than 

3 the Deputy Secretary and the Assistant Secretary for 

4 Public and Indian Housing any authority under paragraph 

5 (2) of section 9(j) regarding the extension of the time peri6 ods under such section: Provided further, That for pur7 poses of such section 9(j), the term ‘‘obligate’’ means, with 

8 respect to amounts, that the amounts are subject to a 

9 binding agreement that will result in outlays, immediately 

10 or in the future: Provided further, That of the total 

11 amount made available under this heading, no less than 

12 $30,000,000 shall be for competitive grants to public 

13 housing authorities for demolition, and the associated relo14 cation and administrative costs of the most distressed pub15 lic housing units: Provided further, That of the total 

16 amount made available under this heading, up to 

17 $10,000,000 shall be to support ongoing public housing 

18 financial and physical assessment activities: Provided fur19 ther, That of the total amount made available under this 

20 heading, up to $1,000,000 shall be to support the costs 

21 of administrative and judicial receiverships: Provided fur22 ther, That of the total amount made available under this 

23 heading, not to exceed $25,000,000 shall be available for 

24 the Secretary to make grants, notwithstanding section 203 

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1 ital needs including safety and security measures nec2 essary to address crime and drug-related activity as well 

3 as needs resulting from unforeseen or unpreventable emer4 gencies and natural disasters excluding Presidentially de5 clared emergencies and natural disasters under the Robert 

6 T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 

7 5121 et seq.) occurring in fiscal year 2019: Provided fur8 ther, That of the amount made available under the pre9 vious proviso, not less than $5,000,000 shall be for safety 

10 and security measures: Provided further, That in addition 

11 to the amount in the previous proviso for such safety and 

12 security measures, any amounts that remain available, 

13 after all applications received on or before September 30, 

14 2020, for emergency capital needs have been processed, 

15 shall be allocated to public housing agencies for such safe16 ty and security measures: Provided further, That of the 

17 total amount made available under this heading, up to 

18 $35,000,000 shall be for supportive services, service coor19 dinators and congregate services as authorized by section 

20 34 of the Act (42 U.S.C. 1437z–6) and the Native Amer21 ican Housing Assistance and Self-Determination Act of 

22 1996 (25 U.S.C. 4101 et seq.): Provided further, That of 

23 the total amount made available under this heading, 

24 $15,000,000 shall be for a Jobs-Plus initiative modeled 

25 after the Jobs-Plus demonstration: Provided further, That 


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1 funding provided under the previous proviso shall be avail2 able for competitive grants to partnerships between public 

3 housing authorities, local workforce investment boards es4 tablished under section 117 of the Workforce Investment 

5 Act of 1998, and other agencies and organizations that 

6 provide support to help public housing residents obtain 

7 employment and increase earnings: Provided further, That 

8 applicants must demonstrate the ability to provide services 

9 to residents, partner with workforce investment boards, 

10 and leverage service dollars: Provided further, That the 

11 Secretary may allow public housing agencies to request ex12 emptions from rent and income limitation requirements 

13 under sections 3 and 6 of the United States Housing Act 

14 of 1937 as necessary to implement the Jobs-Plus program, 

15 on such terms and conditions as the Secretary may ap16 prove upon a finding by the Secretary that any such waiv17 ers or alternative requirements are necessary for the effec18 tive implementation of the Jobs-Plus initiative as a vol19 untary program for residents: Provided further, That the 

20 Secretary shall publish by notice in the Federal Register 

21 any waivers or alternative requirements pursuant to the 

22 preceding proviso no later than 10 days before the effec23 tive date of such notice: Provided further, That for funds 

24 provided under this heading, the limitation in section 

25 9(g)(1) of the Act shall be 25 percent: Provided further, 


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1 That the Secretary may waive the limitation in the pre2 vious proviso to allow public housing agencies to fund ac3 tivities authorized under section 9(e)(1)(C) of the Act: 

4 Provided further, That the Secretary shall notify public 

5 housing agencies requesting waivers under the previous 

6 proviso if the request is approved or denied within 14 days 

7 of submitting the request: Provided further, That from the 

8 funds made available under this heading, the Secretary 

9 shall provide bonus awards in fiscal year 2019 to public 

10 housing agencies that are designated high performers: 

11 Provided further, That the Department shall notify public 

12 housing agencies of their formula allocation within 60 

13 days of enactment of this Act. 

14 PUBLIC HOUSING OPERATING FUND

15 For 2019 payments to public housing agencies for the 

16 operation and management of public housing, as author17 ized by section 9(e) of the United States Housing Act of 

18 1937 (42 U.S.C. 1437g(e)), $4,550,000,000, to remain 

19 available until September 30, 2020. 

20 CHOICE NEIGHBORHOODS INITIATIVE

21 For competitive grants under the Choice Neighbor22 hoods Initiative (subject to section 24 of the United States 

23 Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise 

24 specified under this heading), for transformation, rehabili25 tation, and replacement housing needs of both public and 


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1 HUD-assisted housing and to transform neighborhoods of 

2 poverty into functioning, sustainable mixed income neigh3 borhoods with appropriate services, schools, public assets, 

4 transportation and access to jobs, $150,000,000, to re5 main available until September 30, 2022: Provided, That 

6 grant funds may be used for resident and community serv7 ices, community development, and affordable housing 

8 needs in the community, and for conversion of vacant or 

9 foreclosed properties to affordable housing: Provided fur10 ther, That the use of funds made available under this 

11 heading shall not be deemed to be public housing notwith12 standing section 3(b)(1) of such Act: Provided further, 

13 That grantees shall commit to an additional period of af14 fordability determined by the Secretary of not fewer than 

15 20 years: Provided further, That grantees shall provide a 

16 match in State, local, other Federal or private funds: Pro17 vided further, That grantees may include local govern18 ments, tribal entities, public housing authorities, and non19 profits: Provided further, That for-profit developers may 

20 apply jointly with a public entity: Provided further, That 

21 for purposes of environmental review, a grantee shall be 

22 treated as a public housing agency under section 26 of 

23 the United States Housing Act of 1937 (42 U.S.C. 

24 1437x), and grants under this heading shall be subject 

25 to the regulations issued by the Secretary to implement 


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1 such section: Provided further, That of the amount pro2 vided, not less than $75,000,000 shall be awarded to pub3 lic housing agencies: Provided further, That such grantees 

4 shall create partnerships with other local organizations in5 cluding assisted housing owners, service agencies, and 

6 resident organizations: Provided further, That the Sec7 retary shall consult with the Secretaries of Education, 

8 Labor, Transportation, Health and Human Services, Agri9 culture, and Commerce, the Attorney General, and the Ad10 ministrator of the Environmental Protection Agency to co11 ordinate and leverage other appropriate Federal resources: 

12 Provided further, That no more than $5,000,000 of funds 

13 made available under this heading may be provided as 

14 grants to undertake comprehensive local planning with 

15 input from residents and the community: Provided further, 

16 That unobligated balances, including recaptures, remain17 ing from funds appropriated under the heading ‘‘Revital18 ization of Severely Distressed Public Housing (HOPE 

19 VI)’’ in fiscal year 2011 and prior fiscal years may be used 

20 for purposes under this heading, notwithstanding the pur21 poses for which such amounts were appropriated: Provided 

22 further, That the Secretary shall issue the Notice of Fund23 ing Availability for funds made available under this head24 ing no later than 60 days after enactment of this Act: Pro25 vided further, That the Secretary shall make grant awards 


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1 no later than one year from the date of enactment of this 

2 Act in such amounts that the Secretary determines. 

3 FAMILY SELF-SUFFICIENCY

4 For the Family Self-Sufficiency program to support 

5 family self-sufficiency coordinators under section 23 of the 

6 United States Housing Act of 1937, to promote the devel7 opment of local strategies to coordinate the use of assist8 ance under sections 8(o) and 9 of such Act with public 

9 and private resources, and enable eligible families to 

10 achieve economic independence and self-sufficiency, 

11 $75,000,000, to remain available until September 30, 

12 2020: Provided, That the Secretary may, by Federal Reg13 ister notice, waive or specify alternative requirements 

14 under subsections b(3), b(4), b(5), or c(1) of section 23 

15 of such Act in order to facilitate the operation of a unified 

16 self-sufficiency program for individuals receiving assist17 ance under different provisions of the Act, as determined 

18 by the Secretary: Provided further, That owners of a pri19 vately owned multifamily property with a section 8 con20 tract may voluntarily make a Family Self-Sufficiency pro21 gram available to the assisted tenants of such property 

22 in accordance with procedures established by the Sec23 retary: Provided further, That such procedures established 

24 pursuant to the previous proviso shall permit participating 

25 tenants to accrue escrow funds in accordance with section 


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1 23(d)(2) and shall allow owners to use funding from resid2 ual receipt accounts to hire coordinators for their own 

3 Family Self-Sufficiency program. 

4 NATIVE AMERICAN HOUSING BLOCK GRANTS

5 (INCLUDING TRANSFER OF FUNDS)

6 For the Native American Housing Block Grants pro7 gram, as authorized under title I of the Native American 

8 Housing Assistance and Self-Determination Act of 1996 

9 (NAHASDA) (25 U.S.C. 4111 et seq.), $655,000,000, to 

10 remain available until September 30, 2023: Provided, 

11 That, notwithstanding NAHASDA, to determine the 

12 amount of the allocation under title I of such Act for each 

13 Indian tribe, the Secretary shall apply the formula under 

14 section 302 of such Act with the need component based 

15 on single-race census data and with the need component 

16 based on multi-race census data, and the amount of the 

17 allocation for each Indian tribe shall be the greater of the 

18 two resulting allocation amounts: Provided further, That 

19 of the amounts made available under this heading, 

20 $7,000,000 shall be for providing training and technical 

21 assistance to Indian housing authorities and tribally des22 ignated housing entities, to support the inspection of In23 dian housing units, contract expertise, and for training 

24 and technical assistance related to funding provided under 

25 this heading and other headings under this Act for the 


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1 needs of Native American families and Indian country: 

2 Provided further, That of the funds made available under 

3 the previous proviso, not less than $2,000,000 shall be 

4 made available for a national organization as authorized 

5 under section 703 of NAHASDA (25 U.S.C. 4212): Pro6 vided further, That amounts made available under the pre7 vious two provisos may be used, contracted, or competed 

8 as determined by the Secretary: Provided further, That of 

9 the amount provided under this heading, $2,000,000 shall 

10 be made available for the cost of guaranteed notes and 

11 other obligations, as authorized by title VI of NAHASDA: 

12 Provided further, That such costs, including the costs of 

13 modifying such notes and other obligations, shall be as de14 fined in section 502 of the Congressional Budget Act of 

15 1974, as amended: Provided further, That these funds are 

16 available to subsidize the total principal amount of any 

17 notes and other obligations, any part of which is to be 

18 guaranteed, not to exceed $17,761,989: Provided further, 

19 That the Department will notify grantees of their formula 

20 allocation within 60 days of the date of enactment of this 

21 Act: Provided further, That for an additional amount for 

22 the Native American Housing Block Grants program, as 

23 authorized under title I of NAHASDA, $100,000,000 to 

24 remain available until September 30, 2023: Provided fur25 ther, That the Secretary shall obligate this additional 


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1 amount for competitive grants to eligible recipients au2 thorized under NAHASDA that apply for funds: Provided 

3 further, That in awarding this additional amount, the Sec4 retary shall consider need and administrative capacity, 

5 and shall give priority to projects that will spur construc6 tion and rehabilitation: Provided further, That up to 1 per7 cent of this additional amount may be transferred, in ag8 gregate, to ‘‘Program Office Salaries and Expenses—Pub9 lic and Indian Housing’’ for necessary costs of admin10 istering and overseeing the obligation and expenditure of 

11 this additional amount: Provided further, That any funds 

12 transferred pursuant to the previous proviso shall remain 

13 available until September 30, 2024. 

14 INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM

15 ACCOUNT

16 For the cost of guaranteed loans, as authorized by 

17 section 184 of the Housing and Community Development 

18 Act of 1992 (12 U.S.C. 1715z–13a), $1,440,000, to re19 main available until expended: Provided, That such costs, 

20 including the costs of modifying such loans, shall be as 

21 defined in section 502 of the Congressional Budget Act 

22 of 1974: Provided further, That these funds are available 

23 to subsidize total loan principal, any part of which is to 

24 be guaranteed, up to $553,846,154, to remain available 

25 until expended: Provided further, That up to $750,000 of 


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1 this amount may be for administrative contract expenses 

2 including management processes and systems to carry out 

3 the loan guarantee program. 

4 NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND

5 PROGRAM ACCOUNT

6 (INCLUDING RESCISSION)

7 Of remaining unobligated balances, including recap8 tures and carryover, from funds appropriated for the cost 

9 of guaranteed loans, $5,000,000 is rescinded: Provided, 

10 That nothing in the previous proviso shall limit the au11 thority to commit new loan guarantees under loan guar12 antee limitation provided in prior appropriations Acts. 

13 COMMUNITY PLANNING AND DEVELOPMENT

14 HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

15 For carrying out the Housing Opportunities for Per16 sons with AIDS program, as authorized by the AIDS 

17 Housing Opportunity Act (42 U.S.C. 12901 et seq.), 

18 $393,000,000, to remain available until September 30, 

19 2020, except that amounts allocated pursuant to section 

20 854(c)(5) of such Act shall remain available until Sep21 tember 30, 2021: Provided, That the Secretary shall renew 

22 all expiring contracts for permanent supportive housing 

23 that initially were funded under section 854(c)(5) of such 

24 Act from funds made available under this heading in fiscal 

25 year 2010 and prior fiscal years that meet all program 


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1 requirements before awarding funds for new contracts 

2 under such section: Provided further, That the Depart3 ment shall notify grantees of their formula allocation with4 in 60 days of enactment of this Act. 

5 COMMUNITY DEVELOPMENT FUND

6 For assistance to units of State and local govern7 ment, and to other entities, for economic and community 

8 development activities, and for other purposes, 

9 $3,365,000,000, to remain available until September 30, 

10 2021, unless otherwise specified: Provided, That of the 

11 total amount provided, $3,300,000,000 is for carrying out 

12 the community development block grant program under 

13 title I of the Housing and Community Development Act 

14 of 1974, as amended (‘‘the Act’’ herein) (42 U.S.C. 5301 

15 et seq.): Provided further, That unless explicitly provided 

16 for under this heading, not to exceed 20 percent of any 

17 grant made with funds appropriated under this heading 

18 shall be expended for planning and management develop19 ment and administration: Provided further, That a metro20 politan city, urban county, unit of general local govern21 ment, Indian tribe, or insular area that directly or indi22 rectly receives funds under this heading may not sell, 

23 trade, or otherwise transfer all or any portion of such 

24 funds to another such entity in exchange for any other 

25 funds, credits or non-Federal considerations, but must use 


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1 such funds for activities eligible under title I of the Act: 

2 Provided further, That notwithstanding section 105(e)(1) 

3 of the Act, no funds provided under this heading may be 

4 provided to a for-profit entity for an economic develop5 ment project under section 105(a)(17) unless such project 

6 has been evaluated and selected in accordance with guide7 lines required under subsection (e)(2): Provided further, 

8 That the Department shall notify grantees of their for9 mula allocation within 60 days of enactment of this Act: 

10 Provided further, That of the total amount provided under 

11 this heading, $65,000,000 shall be for grants to Indian 

12 tribes notwithstanding section 106(a)(1) of such Act, of 

13 which, notwithstanding any other provision of law (includ14 ing section 203 of this Act), up to $4,000,000 may be 

15 used for emergencies that constitute imminent threats to 

16 health and safety. 

17 COMMUNITY DEVELOPMENT LOAN GUARANTEES

18 PROGRAM ACCOUNT

19 Subject to section 502 of the Congressional Budget 

20 Act of 1974, during fiscal year 2019, commitments to 

21 guarantee loans under section 108 of the Housing and 

22 Community Development Act of 1974 (42 U.S.C. 5308), 

23 any part of which is guaranteed, shall not exceed a total 

24 principal amount of $300,000,000, notwithstanding any 

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1 teed in subsection (k) of such section 108: Provided, That 

2 the Secretary shall collect fees from borrowers, notwith3 standing subsection (m) of such section 108, to result in 

4 a credit subsidy cost of zero for guaranteeing such loans, 

5 and any such fees shall be collected in accordance with 

6 section 502(7) of the Congressional Budget Act of 1974. 

7 HOME INVESTMENT PARTNERSHIPS PROGRAM

8 For the HOME Investment Partnerships program, as 

9 authorized under title II of the Cranston-Gonzalez Na10 tional Affordable Housing Act, as amended, 

11 $1,200,000,000, to remain available until September 30, 

12 2022: Provided, That notwithstanding the amount made 

13 available under this heading, the threshold reduction re14 quirements in sections 216(10) and 217(b)(4) of such Act 

15 shall not apply to allocations of such amount: Provided 

16 further, That the Department shall notify grantees of their 

17 formula allocation within 60 days of enactment of this Act. 

18 SELF-HELP AND ASSISTED HOMEOWNERSHIP

19 OPPORTUNITY PROGRAM

20 For the Self-Help and Assisted Homeownership Op21 portunity Program, as authorized under section 11 of the 

22 Housing Opportunity Program Extension Act of 1996, as 

23 amended, $50,000,000, to remain available until Sep24 tember 30, 2021: Provided, That of the total amount pro25 vided under this heading, $10,000,000 shall be made 


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1 available to the Self-Help Homeownership Opportunity 

2 Program as authorized under section 11 of the Housing 

3 Opportunity Program Extension Act of 1996, as amended: 

4 Provided further, That of the total amount provided under 

5 this heading, $35,000,000 shall be made available for the 

6 second, third, and fourth capacity building activities au7 thorized under section 4(a) of the HUD Demonstration 

8 Act of 1993 (42 U.S.C. 9816 note), of which not less than 

9 $5,000,000 shall be made available for rural capacity 

10 building activities: Provided further, That of the total 

11 amount provided under this heading, $5,000,000 shall be 

12 made available for capacity building by national rural 

13 housing organizations with experience assessing national 

14 rural conditions and providing financing, training, tech15 nical assistance, information, and research to local non16 profits, local governments, and Indian Tribes serving high 

17 need rural communities. 

18 HOMELESS ASSISTANCE GRANTS

19 For the Emergency Solutions Grants program as au20 thorized under subtitle B of title IV of the McKinney21 Vento Homeless Assistance Act, as amended; the Con22 tinuum of Care program as authorized under subtitle C 

23 of title IV of such Act; and the Rural Housing Stability 

24 Assistance program as authorized under subtitle D of title 

25 IV of such Act, $2,571,000,000, to remain available until 


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1 September 30, 2021: Provided, That any rental assistance 

2 amounts that are recaptured under such Continuum of 

3 Care program shall remain available until expended: Pro4 vided further, That not less than $270,000,000 of the 

5 funds appropriated under this heading shall be available 

6 for such Emergency Solutions Grants program: Provided 

7 further, That not less than $2,204,000,000 of the funds 

8 appropriated under this heading shall be available for such 

9 Continuum of Care and Rural Housing Stability Assist10 ance programs: Provided further, That of the amounts 

11 made available under this heading, up to $50,000,000 

12 shall be made available for grants for rapid re-housing 

13 projects and supportive service projects providing coordi14 nated entry, and for eligible activities the Secretary deter15 mines to be critical in order to assist survivors of domestic 

16 violence, dating violence, and stalking: Provided further, 

17 That such projects shall be eligible for renewal under the 

18 continuum of care program subject to the same terms and 

19 conditions as other renewal applicants: Provided further, 

20 That up to $7,000,000 of the funds appropriated under 

21 this heading shall be available for the national homeless 

22 data analysis project: Provided further, That of the 

23 amounts made available under this heading, $40,000,000 

24 shall be made available for grants for rapid re-housing 

25 projects targeted to reducing unsheltered homelessness in 


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1 areas with high rates of unsheltered homelessness: Pro2 vided further, That all funds awarded for supportive serv3 ices under the Continuum of Care program and the Rural 

4 Housing Stability Assistance program shall be matched by 

5 not less than 25 percent in cash or in kind by each grant6 ee: Provided further, That for all match requirements ap7 plicable to funds made available under this heading for 

8 this fiscal year and prior years, a grantee may use (or 

9 could have used) as a source of match funds other funds 

10 administered by the Secretary and other Federal agencies 

11 unless there is (or was) a specific statutory prohibition on 

12 any such use of any such funds: Provided further, That 

13 the Secretary shall collect system performance measures 

14 for each continuum of care, and that relative to fiscal year 

15 2015, under the Continuum of Care competition with re16 spect to funds made available under this heading, the Sec17 retary shall base an increasing share of the score on per18 formance criteria: Provided further, That none of the 

19 funds provided under this heading shall be available to 

20 provide funding for new projects, except for projects cre21 ated through reallocation, unless the Secretary determines 

22 that the continuum of care has demonstrated that projects 

23 are evaluated and ranked based on the degree to which 

24 they improve the continuum of care’s system performance: 

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1 ing under the Continuum of Care program to continuums 

2 of care that have demonstrated a capacity to reallocate 

3 funding from lower performing projects to higher per4 forming projects: Provided further, That all awards of as5 sistance under this heading shall be required to coordinate 

6 and integrate homeless programs with other mainstream 

7 health, social services, and employment programs for 

8 which homeless populations may be eligible: Provided fur9 ther, That any unobligated amounts remaining from funds 

10 appropriated under this heading in fiscal year 2012 and 

11 prior years for project-based rental assistance for rehabili12 tation projects with 10-year grant terms may be used for 

13 purposes under this heading, notwithstanding the pur14 poses for which such funds were appropriated: Provided 

15 further, That all balances for Shelter Plus Care renewals 

16 previously funded from the Shelter Plus Care Renewal ac17 count and transferred to this account shall be available, 

18 if recaptured, for Continuum of Care renewals in fiscal 

19 year 2019: Provided further, That the Department shall 

20 notify grantees of their formula allocation from amounts 

21 allocated (which may represent initial or final amounts al22 located) for the Emergency Solutions Grant program with23 in 60 days of enactment of this Act. 


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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, $11,347,000,000, to re7 main available until expended, shall be available on Octo8 ber 1, 2018 (in addition to the $400,000,000 previously 

9 appropriated under this heading that became available Oc10 tober 1, 2018), and $400,000,000, to remain available 

11 until expended, shall be available on October 1, 2019: 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 $200,000,000 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 of Housing and Urban Devel7 opment may also use such amounts in the previous proviso 

8 for performance-based contract administrators for the ad9 ministration of: interest reduction payments pursuant to 

10 section 236(a) of the National Housing Act (12 U.S.C. 

11 1715z–1(a)); rent supplement payments pursuant to sec12 tion 101 of the Housing and Urban Development Act of 

13 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assist14 ance payments (12 U.S.C. 1715z–1(f)(2)); project rental 

15 assistance contracts for the elderly under section 

16 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q); 

17 project rental assistance contracts for supportive housing 

18 for persons with disabilities under section 811(d)(2) of the 

19 Cranston-Gonzalez National Affordable Housing Act (42 

20 U.S.C. 8013(d)(2)); project assistance contracts pursuant 

21 to section 202(h) of the Housing Act of 1959 (Public Law 

22 86–372; 73 Stat. 667); and loans under section 202 of 

23 the Housing Act of 1959 (Public Law 86–372; 73 Stat. 

24 667): Provided further, That amounts recaptured under 

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1 sisted Housing’’, or the heading ‘‘Housing Certificate 

2 Fund’’, may be used for renewals of or amendments to 

3 section 8 project-based contracts or for performance-based 

4 contract administrators, notwithstanding the purposes for 

5 which such amounts were appropriated: Provided further, 

6 That, notwithstanding any other provision of law, upon 

7 the request of the Secretary of Housing and Urban Devel8 opment, project funds that are held in residual receipts 

9 accounts for any project subject to a section 8 project10 based Housing Assistance Payments contract that author11 izes HUD or a Housing Finance Agency to require that 

12 surplus project funds be deposited in an interest-bearing 

13 residual receipts account and that are in excess of an 

14 amount to be determined by the Secretary, shall be remit15 ted to the Department and deposited in this account, to 

16 be available until expended: Provided further, That 

17 amounts deposited pursuant to the previous proviso shall 

18 be available in addition to the amount otherwise provided 

19 by this heading for uses authorized under this heading. 

20 HOUSING FOR THE ELDERLY

21 For amendments to capital advance contracts for 

22 housing for the elderly, as authorized by section 202 of 

23 the Housing Act of 1959, as amended, and for project 

24 rental assistance for the elderly under section 202(c)(2) 

25 of such Act, including amendments to contracts for such 


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1 assistance and renewal of expiring contracts for such as2 sistance for up to a 1-year term, and for senior preserva3 tion rental assistance contracts, including renewals, as au4 thorized by section 811(e) of the American Housing and 

5 Economic Opportunity Act of 2000, as amended, and for 

6 supportive services associated with the housing, 

7 $678,000,000 to remain available until September 30, 

8 2022: Provided, That of the amount provided under this 

9 heading, up to $90,000,000 shall be for service coordina10 tors and the continuation of existing congregate service 

11 grants for residents of assisted housing projects: Provided 

12 further, That amounts under this heading shall be avail13 able for Real Estate Assessment Center inspections and 

14 inspection-related activities associated with section 202 

15 projects: Provided further, That the Secretary may waive 

16 the provisions of section 202 governing the terms and con17 ditions of project rental assistance, except that the initial 

18 contract term for such assistance shall not exceed 5 years 

19 in duration: Provided further, That upon request of the 

20 Secretary of Housing and Urban Development, project 

21 funds that are held in residual receipts accounts for any 

22 project subject to a section 202 project rental assistance 

23 contract, and that upon termination of such contract are 

24 in excess of an amount to be determined by the Secretary, 

25 shall be remitted to the Department and deposited in this 


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1 account, to be available until September 30, 2022: Pro2 vided further, That amounts deposited in this account pur3 suant to the previous proviso may be available, in addition 

4 to the amounts otherwise provided by this heading, for 

5 amendments and renewals: Provided further, That unobli6 gated balances, including recaptures and carryover, re7 maining from funds transferred to or appropriated under 

8 this heading shall be available for amendments and renew9 als notwithstanding the purposes for which such funds 

10 originally were appropriated. 

11 HOUSING FOR PERSONS WITH DISABILITIES

12 For amendments to capital advance contracts for 

13 supportive housing for persons with disabilities, as author14 ized by section 811 of the Cranston-Gonzalez National Af15 fordable Housing Act (42 U.S.C. 8013), as amended, and 

16 for project rental assistance for supportive housing for 

17 persons with disabilities under section 811(d)(2) of such 

18 Act and for project assistance contracts pursuant to sec19 tion 202(h) of the Housing Act of 1959 (Public Law 86– 

20 372; 73 Stat. 667), including amendments to contracts for 

21 such assistance and renewal of expiring contracts for such 

22 assistance for up to a 1–year term, for project rental as23 sistance to State housing finance agencies and other ap24 propriate entities as authorized under section 811(b)(3) 

25 of the Cranston-Gonzalez National Housing Act, and for 


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1 supportive services associated with the housing for persons 

2 with disabilities as authorized by section 811(b)(1) of such 

3 Act, $154,000,000, to remain available until September 

4 30, 2022: Provided, That amounts made available under 

5 this heading shall be available for Real Estate Assessment 

6 Center inspections and inspection-related activities associ7 ated with section 811 projects: Provided further, That, in 

8 this fiscal year, upon the request of the Secretary of Hous9 ing and Urban Development, project funds that are held 

10 in residual receipts accounts for any project subject to a 

11 section 811 project rental assistance contract and that 

12 upon termination of such contract are in excess of an 

13 amount to be determined by the Secretary shall be remit14 ted to the Department and deposited in this account, to 

15 be available until September 30, 2022: Provided further, 

16 That amounts deposited in this account pursuant to the 

17 previous proviso shall be available in addition to the 

18 amounts otherwise provided by this heading for amend19 ments and renewals: Provided further, That unobligated 

20 balances, including recaptures and carryover, remaining 

21 from funds transferred to or appropriated under this 

22 heading shall be used for amendments and renewals not23 withstanding the purposes for which such funds originally 

24 were appropriated. 


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1 HOUSING COUNSELING ASSISTANCE

2 For contracts, grants, and other assistance excluding 

3 loans, as authorized under section 106 of the Housing and 

4 Urban Development Act of 1968, as amended, 

5 $56,000,000, to remain available until September 30, 

6 2020, including up to $4,500,000 for administrative con7 tract services: Provided, That grants made available from 

8 amounts provided under this heading shall be awarded 

9 within 180 days of enactment of this Act: Provided further, 

10 That funds shall be used for providing counseling and ad11 vice to tenants and homeowners, both current and pro12 spective, with respect to property maintenance, financial 

13 management or literacy, and such other matters as may 

14 be appropriate to assist them in improving their housing 

15 conditions, meeting their financial needs, and fulfilling the 

16 responsibilities of tenancy or homeownership; for program 

17 administration; and for housing counselor training: Pro18 vided further, That for purposes of providing such grants 

19 from amounts provided under this heading, the Secretary 

20 may enter into multiyear agreements, as appropriate, sub21 ject to the availability of annual appropriations. 

22 RENTAL HOUSING ASSISTANCE

23 For amendments to contracts under section 101 of 

24 the Housing and Urban Development Act of 1965 (12 

25 U.S.C. 1701s) and section 236(f)(2) of the National 


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1 Housing Act (12 U.S.C. 1715z–1) in State-aided, non2 insured rental housing projects, $5,000,000, to remain 

3 available until expended: Provided, That such amount, to4 gether with unobligated balances from recaptured 

5 amounts appropriated prior to fiscal year 2006 from ter6 minated contracts under such sections of law, and any un7 obligated balances, including recaptures and carryover, re8 maining from funds appropriated under this heading after 

9 fiscal year 2005, shall also be available for extensions of 

10 up to one year for expiring contracts under such sections 

11 of law. 

12 PAYMENT TO MANUFACTURED HOUSING FEES TRUST

13 FUND

14 For necessary expenses as authorized by the National 

15 Manufactured Housing Construction and Safety Stand16 ards Act of 1974 (42 U.S.C. 5401 et seq.), up to 

17 $12,000,000, to remain available until expended, of which 

18 $12,000,000 is to be derived from the Manufactured 

19 Housing Fees Trust Fund: Provided, That not to exceed 

20 the total amount appropriated under this heading shall be 

21 available from the general fund of the Treasury to the ex22 tent necessary to incur obligations and make expenditures 

23 pending the receipt of collections to the Fund pursuant 

24 to section 620 of such Act: Provided further, That the 

25 amount made available under this heading from the genVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00128 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 eral fund shall be reduced as such collections are received 

2 during fiscal year 2019 so as to result in a final fiscal 

3 year 2019 appropriation from the general fund estimated 

4 at zero, and fees pursuant to such section 620 shall be 

5 modified as necessary to ensure such a final fiscal year 

6 2019 appropriation: Provided further, That for the dispute 

7 resolution and installation programs, the Secretary of 

8 Housing and Urban Development may assess and collect 

9 fees from any program participant: Provided further, That 

10 such collections shall be deposited into the Fund, and the 

11 Secretary, as provided herein, may use such collections, 

12 as well as fees collected under section 620, for necessary 

13 expenses of such Act: Provided further, That, notwith14 standing the requirements of section 620 of such Act, the 

15 Secretary may carry out responsibilities of the Secretary 

16 under such Act through the use of approved service pro17 viders that are paid directly by the recipients of their serv18 ices. 

19 FEDERAL HOUSING ADMINISTRATION

20 MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

21 New commitments to guarantee single family loans 

22 insured under the Mutual Mortgage Insurance Fund shall 

23 not exceed $400,000,000,000, to remain available until 

24 September 30, 2020: Provided, That during fiscal year 

25 2019, obligations to make direct loans to carry out the 


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1 purposes of section 204(g) of the National Housing Act, 

2 as amended, shall not exceed $1,000,000: Provided fur3 ther, That the foregoing amount in the previous proviso 

4 shall be for loans to nonprofit and governmental entities 

5 in connection with sales of single family real properties 

6 owned by the Secretary and formerly insured under the 

7 Mutual Mortgage Insurance Fund: Provided further, That 

8 for administrative contract expenses of the Federal Hous9 ing Administration, $130,000,000, to remain available 

10 until September 30, 2020: Provided further, That to the 

11 extent guaranteed loan commitments exceed 

12 $200,000,000,000 on or before April 1, 2019, an addi13 tional $1,400 for administrative contract expenses shall be 

14 available for each $1,000,000 in additional guaranteed 

15 loan commitments (including a pro rata amount for any 

16 amount below $1,000,000), but in no case shall funds 

17 made available by this proviso exceed $30,000,000: Pro18 vided further, That during fiscal year 2019 the Secretary 

19 may insure and enter into new commitments to insure 

20 mortgages under section 255 of the National Housing Act 

21 only to the extent that the net credit subsidy cost for such 

22 insurance does not exceed zero. 

23 GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

24 New commitments to guarantee loans insured under 

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1 ized by sections 238 and 519 of the National Housing Act 

2 (12 U.S.C. 1715z–3 and 1735c), shall not exceed 

3 $30,000,000,000 in total loan principal, any part of which 

4 is to be guaranteed, to remain available until September 

5 30, 2020: Provided, That during fiscal year 2019, gross 

6 obligations for the principal amount of direct loans, as au7 thorized by sections 204(g), 207(l), 238, and 519(a) of 

8 the National Housing Act, shall not exceed $1,000,000, 

9 which shall be for loans to nonprofit and governmental en10 tities in connection with the sale of single family real prop11 erties owned by the Secretary and formerly insured under 

12 such Act. 

13 GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

14 GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN

15 GUARANTEE PROGRAM ACCOUNT

16 New commitments to issue guarantees to carry out 

17 the purposes of section 306 of the National Housing Act, 

18 as amended (12 U.S.C. 1721(g)), shall not exceed 

19 $550,000,000,000, to remain available until September 

20 30, 2020: Provided, That $24,400,000 shall be available 

21 for necessary salaries and expenses of the Office of Gov22 ernment National Mortgage Association: Provided further, 

23 That to the extent that guaranteed loan commitments ex24 ceed $155,000,000,000 on or before April 1, 2019, an ad25 ditional $100 for necessary salaries and expenses shall be 


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1 available until expended for each $1,000,000 in additional 

2 guaranteed loan commitments (including a pro rata 

3 amount for any amount below $1,000,000), but in no case 

4 shall funds made available by this proviso exceed 

5 $3,000,000: Provided further, That receipts from Commit6 ment and Multiclass fees collected pursuant to title III of 

7 the National Housing Act, as amended, shall be credited 

8 as offsetting collections to this account. 

9 POLICY DEVELOPMENT AND RESEARCH

10 RESEARCH AND TECHNOLOGY

11 For contracts, grants, and necessary expenses of pro12 grams of research and studies relating to housing and 

13 urban problems, not otherwise provided for, as authorized 

14 by title V of the Housing and Urban Development Act 

15 of 1970 (12 U.S.C. 1701z–1 et seq.), including carrying 

16 out the functions of the Secretary of Housing and Urban 

17 Development under section 1(a)(1)(i) of Reorganization 

18 Plan No. 2 of 1968, and for technical assistance, 

19 $92,000,000, to remain available until September 30, 

20 2020: Provided, That with respect to amounts made avail21 able under this heading, notwithstanding section 203 of 

22 this title, the Secretary may enter into cooperative agree23 ments funded with philanthropic entities, other Federal 

24 agencies, State or local governments and their agencies, 

25 or colleges or universities for research projects: Provided 


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1 further, That with respect to the previous proviso, such 

2 partners to the cooperative agreements must contribute at 

3 least a 50 percent match toward the cost of the project: 

4 Provided further, That for non-competitive agreements en5 tered into in accordance with the previous two provisos, 

6 the Secretary of Housing and Urban Development shall 

7 comply with section 2(b) of the Federal Funding Account8 ability and Transparency Act of 2006 (Public Law 109– 

9 282, 31 U.S.C. note) in lieu of compliance with section 

10 102(a)(4)(C) with respect to documentation of award deci11 sions: Provided further, That prior to obligation of tech12 nical assistance funding, the Secretary shall submit a 

13 plan, for approval, to the House and Senate Committees 

14 on Appropriations on how it will allocate funding for this 

15 activity: Provided further, That none of the funds provided 

16 under this heading may be available for the doctoral dis17 sertation research grant program. 

18 FAIR HOUSING AND EQUAL OPPORTUNITY

19 FAIR HOUSING ACTIVITIES

20 For contracts, grants, and other assistance, not oth21 erwise provided for, as authorized by title VIII of the Civil 

22 Rights Act of 1968, as amended by the Fair Housing 

23 Amendments Act of 1988, and section 561 of the Housing 

24 and Community Development Act of 1987, as amended, 

25 $65,300,000, to remain available until September 30, 


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1 2020: Provided, That notwithstanding 31 U.S.C. 3302, 

2 the Secretary may assess and collect fees to cover the costs 

3 of the Fair Housing Training Academy, and may use such 

4 funds to develop on-line courses and provide such training: 

5 Provided further, That no funds made available under this 

6 heading shall be used to lobby the executive or legislative 

7 branches of the Federal Government in connection with 

8 a specific contract, grant, or loan: Provided further, That 

9 of the funds made available under this heading, $300,000 

10 shall be available to the Secretary of Housing and Urban 

11 Development for the creation and promotion of translated 

12 materials and other programs that support the assistance 

13 of persons with limited English proficiency in utilizing the 

14 services provided by the Department of Housing and 

15 Urban Development. 

16 OFFICE OF LEAD HAZARD CONTROL AND HEALTHY

17 HOMES

18 LEAD HAZARD REDUCTION

19 For the Lead Hazard Reduction Program, as author20 ized by section 1011 of the Residential Lead-Based Paint 

21 Hazard Reduction Act of 1992, $230,000,000, to remain 

22 available until September 30, 2020, of which $45,000,000 

23 shall be for the Healthy Homes Initiative, pursuant to sec24 tions 501 and 502 of the Housing and Urban Develop25 ment Act of 1970, that shall include research, studies, 


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1 testing, and demonstration efforts, including education 

2 and outreach concerning lead-based paint poisoning and 

3 other housing-related diseases and hazards: Provided, 

4 That for purposes of environmental review, pursuant to 

5 the National Environmental Policy Act of 1969 (42 U.S.C. 

6 4321 et seq.) and other provisions of the law that further 

7 the purposes of such Act, a grant under the Healthy 

8 Homes Initiative, or the Lead Technical Studies program 

9 under this heading or under prior appropriations Acts for 

10 such purposes under this heading, shall be considered to 

11 be funds for a special project for purposes of section 

12 305(c) of the Multifamily Housing Property Disposition 

13 Reform Act of 1994: Provided further, That not less than 

14 $95,000,000 of the amounts made available under this 

15 heading for the award of grants pursuant to section 1011 

16 of the Residential Lead-Based Paint Hazard Reduction 

17 Act of 1992 shall be provided to areas with the highest 

18 lead-based paint abatement needs: Provided further, That 

19 each recipient of funds provided under the previous pro20 viso shall contribute an amount not less than 25 percent 

21 of the total: Provided further, That each applicant shall 

22 certify adequate capacity that is acceptable to the Sec23 retary to carry out the proposed use of funds pursuant 

24 to a notice of funding availability: Provided further, That 

25 amounts made available under this heading in this or prior 


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1 appropriations Acts, and that still remain available, may 

2 be used for any purpose under this heading notwith3 standing the purpose for which such amounts were appro4 priated if a program competition is undersubscribed and 

5 there are other program competitions under this heading 

6 that are oversubscribed. 

7 INFORMATION TECHNOLOGY FUND

8 For the development, modernization, and enhance9 ment of, modifications to, and infrastructure for Depart10 ment-wide and program-specific information technology 

11 systems, for the continuing operation and maintenance of 

12 both Department-wide and program-specific information 

13 systems, and for program-related maintenance activities, 

14 $240,000,000 to remain available until September 30, 

15 2020: Provided, That any amounts transferred to this 

16 Fund under this Act shall remain available until expended: 

17 Provided further, That any amounts transferred to this 

18 Fund from amounts appropriated by previously enacted 

19 appropriations Acts may be used for the purposes specified 

20 under this Fund, in addition to any other information 

21 technology purposes for which such amounts were appro22 priated: Provided further, That not more than 10 percent 

23 of the funds made available under this heading for devel24 opment, modernization and enhancement may be obligated 

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1 mittees on Appropriations, for approval, a plan for ex2 penditure that—(A) identifies for each modernization 

3 project: (i) the functional and performance capabilities to 

4 be delivered and the mission benefits to be realized, (ii) 

5 the estimated life-cycle cost, and (iii) key milestones to 

6 be met; and (B) demonstrates that each modernization 

7 project is: (i) compliant with the Department’s enterprise 

8 architecture, (ii) being managed in accordance with appli9 cable life-cycle management policies and guidance, (iii) 

10 subject to the Department’s capital planning and invest11 ment control requirements, and (iv) supported by an ade12 quately staffed project office. 

13 OFFICE OF INSPECTOR GENERAL

14 For necessary salaries and expenses of the Office of 

15 Inspector General in carrying out the Inspector General 

16 Act of 1978, as amended, $128,082,000: Provided, That 

17 the Inspector General shall have independent authority 

18 over all personnel issues within this office. 

19 GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND

20 URBAN DEVELOPMENT

21 (INCLUDING TRANSFER OF FUNDS)

22 (INCLUDING RESCISSION)

23 SEC. 201. Fifty percent of the amounts of budget au24 thority, or in lieu thereof 50 percent of the cash amounts 

25 associated with such budget authority, that are recaptured 


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1 from projects described in section 1012(a) of the Stewart 

2 B. McKinney Homeless Assistance Amendments Act of 

3 1988 (42 U.S.C. 1437f note) shall be rescinded or in the 

4 case of cash, shall be remitted to the Treasury, and such 

5 amounts of budget authority or cash recaptured and not 

6 rescinded or remitted to the Treasury shall be used by 

7 State housing finance agencies or local governments or 

8 local housing agencies with projects approved by the Sec9 retary of Housing and Urban Development for which set10 tlement occurred after January 1, 1992, in accordance 

11 with such section. Notwithstanding the previous sentence, 

12 the Secretary may award up to 15 percent of the budget 

13 authority or cash recaptured and not rescinded or remitted 

14 to the Treasury to provide project owners with incentives 

15 to refinance their project at a lower interest rate. 

16 SEC. 202. None of the amounts made available under 

17 this Act may be used during fiscal year 2019 to investigate 

18 or prosecute under the Fair Housing Act any otherwise 

19 lawful activity engaged in by one or more persons, includ20 ing the filing or maintaining of a nonfrivolous legal action, 

21 that is engaged in solely for the purpose of achieving or 

22 preventing action by a Government official or entity, or 

23 a court of competent jurisdiction. 

24 SEC. 203. Except as explicitly provided in law, any 

25 grant, cooperative agreement or other assistance made 


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1 pursuant to title II of this Act shall be made on a competi2 tive basis and in accordance with section 102 of the De3 partment of Housing and Urban Development Reform Act 

4 of 1989 (42 U.S.C. 3545). 

5 SEC. 204. Funds of the Department of Housing and 

6 Urban Development subject to the Government Corpora7 tion Control Act or section 402 of the Housing Act of 

8 1950 shall be available, without regard to the limitations 

9 on administrative expenses, for legal services on a contract 

10 or fee basis, and for utilizing and making payment for 

11 services and facilities of the Federal National Mortgage 

12 Association, Government National Mortgage Association, 

13 Federal Home Loan Mortgage Corporation, Federal Fi14 nancing Bank, Federal Reserve banks or any member 

15 thereof, Federal Home Loan banks, and any insured bank 

16 within the meaning of the Federal Deposit Insurance Cor17 poration Act, as amended (12 U.S.C. 1811–1). 

18 SEC. 205. Unless otherwise provided for in this Act 

19 or through a reprogramming of funds, no part of any ap20 propriation for the Department of Housing and Urban 

21 Development shall be available for any program, project 

22 or activity in excess of amounts set forth in the budget 

23 estimates submitted to Congress. 

24 SEC. 206. Corporations and agencies of the Depart25 ment of Housing and Urban Development which are subVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00139 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 ject to the Government Corporation Control Act are here2 by authorized to make such expenditures, within the limits 

3 of funds and borrowing authority available to each such 

4 corporation or agency and in accordance with law, and to 

5 make such contracts and commitments without regard to 

6 fiscal year limitations as provided by section 104 of such 

7 Act as may be necessary in carrying out the programs set 

8 forth in the budget for 2019 for such corporation or agen9 cy except as hereinafter provided: Provided, That collec10 tions of these corporations and agencies may be used for 

11 new loan or mortgage purchase commitments only to the 

12 extent expressly provided for in this Act (unless such loans 

13 are in support of other forms of assistance provided for 

14 in this or prior appropriations Acts), except that this pro15 viso shall not apply to the mortgage insurance or guaranty 

16 operations of these corporations, or where loans or mort17 gage purchases are necessary to protect the financial in18 terest of the United States Government. 

19 SEC. 207. The Secretary of Housing and Urban De20 velopment shall provide quarterly reports to the House 

21 and Senate Committees on Appropriations regarding all 

22 uncommitted, unobligated, recaptured and excess funds in 

23 each program and activity within the jurisdiction of the 

24 Department and shall submit additional, updated budget 

25 information to these Committees upon request. 


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1 SEC. 208. The President’s formal budget request for 

2 fiscal year 2020, as well as the Department of Housing 

3 and Urban Development’s congressional budget justifica4 tions to be submitted to the Committees on Appropriations 

5 of the House of Representatives and the Senate, shall use 

6 the identical account and sub-account structure provided 

7 under this Act. 

8 SEC. 209. No funds provided under this title may be 

9 used for an audit of the Government National Mortgage 

10 Association that makes applicable requirements under the 

11 Federal Credit Reform Act of 1990 (2 U.S.C. 661 et seq.). 

12 SEC. 210. (a) Notwithstanding any other provision 

13 of law, subject to the conditions listed under this section, 

14 for fiscal years 2019 and 2020, the Secretary of Housing 

15 and Urban Development may authorize the transfer of 

16 some or all project-based assistance, debt held or insured 

17 by the Secretary and statutorily required low-income and 

18 very low-income use restrictions if any, associated with one 

19 or more multifamily housing project or projects to another 

20 multifamily housing project or projects. 

21 (b) PHASED TRANSFERS.—Transfers of project22 based assistance under this section may be done in phases 

23 to accommodate the financing and other requirements re24 lated to rehabilitating or constructing the project or 

25 projects to which the assistance is transferred, to ensure 


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1 that such project or projects meet the standards under 

2 subsection (c). 

3 (c) The transfer authorized in subsection (a) is sub4 ject to the following conditions: 

5 (1) NUMBER AND BEDROOM SIZE OF UNITS.— 

6 (A) For occupied units in the transferring 

7 project: The number of low-income and very 

8 low-income units and the configuration (i.e., 

9 bedroom size) provided by the transferring 

10 project shall be no less than when transferred 

11 to the receiving project or projects and the net 

12 dollar amount of Federal assistance provided to 

13 the transferring project shall remain the same 

14 in the receiving project or projects. 

15 (B) For unoccupied units in the transfer16 ring project: The Secretary may authorize a re17 duction in the number of dwelling units in the 

18 receiving project or projects to allow for a re19 configuration of bedroom sizes to meet current 

20 market demands, as determined by the Sec21 retary and provided there is no increase in the 

22 project-based assistance budget authority. 

23 (2) The transferring project shall, as deter24 mined by the Secretary, be either physically obsolete 

25 or economically nonviable. 


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1 (3) The receiving project or projects shall meet 

2 or exceed applicable physical standards established 

3 by the Secretary. 

4 (4) The owner or mortgagor of the transferring 

5 project shall notify and consult with the tenants re6 siding in the transferring project and provide a cer7 tification of approval by all appropriate local govern8 mental officials. 

9 (5) The tenants of the transferring project who 

10 remain eligible for assistance to be provided by the 

11 receiving project or projects shall not be required to 

12 vacate their units in the transferring project or 

13 projects until new units in the receiving project are 

14 available for occupancy. 

15 (6) The Secretary determines that this transfer 

16 is in the best interest of the tenants. 

17 (7) If either the transferring project or the re18 ceiving project or projects meets the condition speci19 fied in subsection (d)(2)(A), any lien on the receiv20 ing project resulting from additional financing ob21 tained by the owner shall be subordinate to any 

22 FHA-insured mortgage lien transferred to, or placed 

23 on, such project by the Secretary, except that the 

24 Secretary may waive this requirement upon deter25 mination that such a waiver is necessary to facilitate 


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1 the financing of acquisition, construction, and/or re2 habilitation of the receiving project or projects. 

3 (8) If the transferring project meets the re4 quirements of subsection (d)(2), the owner or mort5 gagor of the receiving project or projects shall exe6 cute and record either a continuation of the existing 

7 use agreement or a new use agreement for the 

8 project where, in either case, any use restrictions in 

9 such agreement are of no lesser duration than the 

10 existing use restrictions. 

11 (9) The transfer does not increase the cost (as 

12 defined in section 502 of the Congressional Budget 

13 Act of 1974, as amended) of any FHA-insured 

14 mortgage, except to the extent that appropriations 

15 are provided in advance for the amount of any such 

16 increased cost. 

17 (d) For purposes of this section— 

18 (1) the terms ‘‘low-income’’ and ‘‘very low-in19 come’’ shall have the meanings provided by the stat20 ute and/or regulations governing the program under 

21 which the project is insured or assisted; 

22 (2) the term ‘‘multifamily housing project’’ 

23 means housing that meets one of the following con24 ditions— 


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1 (A) housing that is subject to a mortgage 

2 insured under the National Housing Act; 

3 (B) housing that has project-based assist4 ance attached to the structure including 

5 projects undergoing mark to market debt re6 structuring under the Multifamily Assisted 

7 Housing Reform and Affordability Housing Act; 

8 (C) housing that is assisted under section 

9 202 of the Housing Act of 1959, as amended 

10 by section 801 of the Cranston-Gonzales Na11 tional Affordable Housing Act; 

12 (D) housing that is assisted under section 

13 202 of the Housing Act of 1959, as such sec14 tion existed before the enactment of the Cran15 ston-Gonzales National Affordable Housing Act; 

16 (E) housing that is assisted under section 

17 811 of the Cranston-Gonzales National Afford18 able Housing Act; or 

19 (F) housing or vacant land that is subject 

20 to a use agreement; 

21 (3) the term ‘‘project-based assistance’’ 

22 means— 

23 (A) assistance provided under section 8(b) 

24 of the United States Housing Act of 1937; 


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1 (B) assistance for housing constructed or 

2 substantially rehabilitated pursuant to assist3 ance provided under section 8(b)(2) of such Act 

4 (as such section existed immediately before Oc5 tober 1, 1983); 

6 (C) rent supplement payments under sec7 tion 101 of the Housing and Urban Develop8 ment Act of 1965; 

9 (D) interest reduction payments under sec10 tion 236 and/or additional assistance payments 

11 under section 236(f)(2) of the National Hous12 ing Act; 

13 (E) assistance payments made under sec14 tion 202(c)(2) of the Housing Act of 1959; and 

15 (F) assistance payments made under sec16 tion 811(d)(2) of the Cranston-Gonzalez Na17 tional Affordable Housing Act; 

18 (4) the term ‘‘receiving project or projects’’ 

19 means the multifamily housing project or projects to 

20 which some or all of the project-based assistance, 

21 debt, and statutorily required low-income and very 

22 low-income use restrictions are to be transferred; 

23 (5) the term ‘‘transferring project’’ means the 

24 multifamily housing project which is transferring 

25 some or all of the project-based assistance, debt, and 


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1 the statutorily required low-income and very low-in2 come use restrictions to the receiving project or 

3 projects; and 

4 (6) the term ‘‘Secretary’’ means the Secretary 

5 of Housing and Urban Development. 

6 (e) RESEARCH REPORT.—The Secretary shall con7 duct an evaluation of the transfer authority under this sec8 tion, including the effect of such transfers on the oper9 ational efficiency, contract rents, physical and financial 

10 conditions, and long-term preservation of the affected 

11 properties. 

12 SEC. 211. (a) No assistance shall be provided under 

13 section 8 of the United States Housing Act of 1937 (42 

14 U.S.C. 1437f) to any individual who— 

15 (1) is enrolled as a student at an institution of 

16 higher education (as defined under section 102 of 

17 the Higher Education Act of 1965 (20 U.S.C. 

18 1002)); 

19 (2) is under 24 years of age; 

20 (3) is not a veteran; 

21 (4) is unmarried; 

22 (5) does not have a dependent child; 

23 (6) is not a person with disabilities, as such 

24 term is defined in section 3(b)(3)(E) of the United 

25 States Housing Act of 1937 (42 U.S.C. 


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1 1437a(b)(3)(E)) and was not receiving assistance 

2 under such section 8 as of November 30, 2005; 

3 (7) is not a youth who left foster care at age 

4 14 or older and is at risk of becoming homeless; and 

5 (8) is not otherwise individually eligible, or has 

6 parents who, individually or jointly, are not eligible, 

7 to receive assistance under section 8 of the United 

8 States Housing Act of 1937 (42 U.S.C. 1437f). 

9 (b) For purposes of determining the eligibility of a 

10 person to receive assistance under section 8 of the United 

11 States Housing Act of 1937 (42 U.S.C. 1437f), any finan12 cial assistance (in excess of amounts received for tuition 

13 and any other required fees and charges) that an indi14 vidual receives under the Higher Education Act of 1965 

15 (20 U.S.C. 1001 et seq.), from private sources, or an insti16 tution of higher education (as defined under the Higher 

17 Education Act of 1965 (20 U.S.C. 1002)), shall be consid18 ered income to that individual, except for a person over 

19 the age of 23 with dependent children. 

20 SEC. 212. The funds made available for Native Alas21 kans under the heading ‘‘Native American Housing Block 

22 Grants’’ in title II of this Act shall be allocated to the 

23 same Native Alaskan housing block grant recipients that 

24 received funds in fiscal year 2005. 


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1 SEC. 213. Notwithstanding the limitation in the first 

2 sentence of section 255(g) of the National Housing Act 

3 (12 U.S.C. 1715z–20(g)), the Secretary of Housing and 

4 Urban Development may, until September 30, 2019, in5 sure and enter into commitments to insure mortgages 

6 under such section 255. 

7 SEC. 214. Notwithstanding any other provision of 

8 law, in fiscal year 2019, in managing and disposing of any 

9 multifamily property that is owned or has a mortgage held 

10 by the Secretary of Housing and Urban Development, and 

11 during the process of foreclosure on any property with a 

12 contract for rental assistance payments under section 8 

13 of the United States Housing Act of 1937 or other Fed14 eral programs, the Secretary shall maintain any rental as15 sistance payments under section 8 of the United States 

16 Housing Act of 1937 and other programs that are at17 tached to any dwelling units in the property. To the extent 

18 the Secretary determines, in consultation with the tenants 

19 and the local government, that such a multifamily prop20 erty owned or held by the Secretary is not feasible for con21 tinued rental assistance payments under such section 8 

22 or other programs, based on consideration of (1) the costs 

23 of rehabilitating and operating the property and all avail24 able Federal, State, and local resources, including rent ad25 justments under section 524 of the Multifamily Assisted 


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1 Housing Reform and Affordability Act of 1997 

2 (‘‘MAHRAA’’) and (2) environmental conditions that can3 not be remedied in a cost-effective fashion, the Secretary 

4 may, in consultation with the tenants of that property, 

5 contract for project-based rental assistance payments with 

6 an owner or owners of other existing housing properties, 

7 or provide other rental assistance. The Secretary shall also 

8 take appropriate steps to ensure that project-based con9 tracts remain in effect prior to foreclosure, subject to the 

10 exercise of contractual abatement remedies to assist relo11 cation of tenants for imminent major threats to health and 

12 safety after written notice to and informed consent of the 

13 affected tenants and use of other available remedies, such 

14 as partial abatements or receivership. After disposition of 

15 any multifamily property described under this section, the 

16 contract and allowable rent levels on such properties shall 

17 be subject to the requirements under section 524 of 

18 MAHRAA. 

19 SEC. 215. The commitment authority funded by fees 

20 as provided under the heading ‘‘Community Development 

21 Loan Guarantees Program Account’’ may be used to guar22 antee, or make commitments to guarantee, notes, or other 

23 obligations issued by any State on behalf of non-entitle24 ment communities in the State in accordance with the re25 quirements of section 108 of the Housing and Community 


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1 Development Act of 1974: Provided, That any State re2 ceiving such a guarantee or commitment shall distribute 

3 all funds subject to such guarantee to the units of general 

4 local government in non-entitlement areas that received 

5 the commitment. 

6 SEC. 216. Public housing agencies that own and oper7 ate 400 or fewer public housing units may elect to be ex8 empt from any asset management requirement imposed by 

9 the Secretary of Housing and Urban Development in con10 nection with the operating fund rule: Provided, That an 

11 agency seeking a discontinuance of a reduction of subsidy 

12 under the operating fund formula shall not be exempt 

13 from asset management requirements. 

14 SEC. 217. With respect to the use of amounts pro15 vided in this Act and in future Acts for the operation, cap16 ital improvement and management of public housing as 

17 authorized by sections 9(d) and 9(e) of the United States 

18 Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the 

19 Secretary shall not impose any requirement or guideline 

20 relating to asset management that restricts or limits in 

21 any way the use of capital funds for central office costs 

22 pursuant to section 9(g)(1) or 9(g)(2) of the United States 

23 Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)): Pro24 vided, That a public housing agency may not use capital 

25 funds authorized under section 9(d) for activities that are 


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1 eligible under section 9(e) for assistance with amounts 

2 from the operating fund in excess of the amounts per3 mitted under section 9(g)(1) or 9(g)(2). 

4 SEC. 218. No official or employee of the Department 

5 of Housing and Urban Development shall be designated 

6 as an allotment holder unless the Office of the Chief Fi7 nancial Officer has determined that such allotment holder 

8 has implemented an adequate system of funds control and 

9 has received training in funds control procedures and di10 rectives. The Chief Financial Officer shall ensure that 

11 there is a trained allotment holder for each HUD sub12 office under the accounts ‘‘Executive Offices’’ and ‘‘Ad13 ministrative Support Offices,’’ as well as each account re14 ceiving appropriations for ‘‘Program Office Salaries and 

15 Expenses’’, ‘‘Government National Mortgage Associa16 tion—Guarantees of Mortgage-Backed Securities Loan 

17 Guarantee Program Account’’, and ‘‘Office of Inspector 

18 General’’ within the Department of Housing and Urban 

19 Development. 

20 SEC. 219. The Secretary of the Department of Hous21 ing and Urban Development shall, for fiscal year 2019, 

22 notify the public through the Federal Register and other 

23 means, as determined appropriate, of the issuance of a no24 tice of the availability of assistance or notice of funding 

25 availability (NOFA) for any program or discretionary 


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1 fund administered by the Secretary that is to be competi2 tively awarded. Notwithstanding any other provision of 

3 law, for fiscal year 2019, the Secretary may make the 

4 NOFA available only on the Internet at the appropriate 

5 Government web site or through other electronic media, 

6 as determined by the Secretary. 

7 SEC. 220. Payment of attorney fees in program-re8 lated litigation shall be paid from the individual program 

9 office and Office of General Counsel salaries and expenses 

10 appropriations. The annual budget submission for the pro11 gram offices and the Office of General Counsel shall in12 clude any such projected litigation costs for attorney fees 

13 as a separate line item request. No funds provided in this 

14 title may be used to pay any such litigation costs for attor15 ney fees until the Department submits for review a spend16 ing plan for such costs to the House and Senate Commit17 tees on Appropriations. 

18 SEC. 221. The Secretary is authorized to transfer up 

19 to 10 percent or $5,000,000, whichever is less, of funds 

20 appropriated for any office under the heading ‘‘Adminis21 trative Support Offices’’ or for any account under the gen22 eral heading ‘‘Program Office Salaries and Expenses’’ to 

23 any other such office or account: Provided, That no appro24 priation for any such office or account shall be increased 

25 or decreased by more than 10 percent or $5,000,000, 


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1 whichever is less, without prior written approval of the 

2 House and Senate Committees on Appropriations: Pro3 vided further, That the Secretary shall provide notification 

4 to such Committees three business days in advance of any 

5 such transfers under this section up to 10 percent or 

6 $5,000,000, whichever is less. 

7 SEC. 222. (a) Any entity receiving housing assistance 

8 payments shall maintain decent, safe, and sanitary condi9 tions, as determined by the Secretary of Housing and 

10 Urban Development (in this section referred to as the 

11 ‘‘Secretary’’), and comply with any standards under appli12 cable State or local laws, rules, ordinances, or regulations 

13 relating to the physical condition of any property covered 

14 under a housing assistance payment contract. 

15 (b) The Secretary shall take action under subsection 

16 (c) when a multifamily housing project with a section 8 

17 contract or contract for similar project-based assistance— 

18 (1) receives a Uniform Physical Condition 

19 Standards (UPCS) score of 60 or less; or 

20 (2) fails to certify in writing to the Secretary 

21 within 3 days that all Exigent Health and Safety de22 ficiencies identified by the inspector at the project 

23 have been corrected. 

24 Such requirements shall apply to insured and noninsured 

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1 tion 8 of the United States Housing Act of 1937 (42 

2 U.S.C. 1437f), but do not apply to such units assisted 

3 under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to 

4 public housing units assisted with capital or operating 

5 funds under section 9 of the United States Housing Act 

6 of 1937 (42 U.S.C. 1437g). 

7 (c)(1) Within 15 days of the issuance of the REAC 

8 inspection, the Secretary must provide the owner with a 

9 Notice of Default with a specified timetable, determined 

10 by the Secretary, for correcting all deficiencies. The Sec11 retary must also provide a copy of the Notice of Default 

12 to the tenants, the local government, any mortgagees, and 

13 any contract administrator. If the owner’s appeal results 

14 in a UPCS score of 60 or above, the Secretary may with15 draw the Notice of Default. 

16 (2) At the end of the time period for correcting all 

17 deficiencies specified in the Notice of Default, if the owner 

18 fails to fully correct such deficiencies, the Secretary may— 

19 (A) require immediate replacement of project 

20 management with a management agent approved by 

21 the Secretary; 

22 (B) impose civil money penalties, which shall be 

23 used solely for the purpose of supporting safe and 

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1 ignated by the Secretary, with priority given to the 

2 tenants of the property affected by the penalty; 

3 (C) abate the section 8 contract, including par4 tial abatement, as determined by the Secretary, until 

5 all deficiencies have been corrected; 

6 (D) pursue transfer of the project to an owner, 

7 approved by the Secretary under established proce8 dures, which will be obligated to promptly make all 

9 required repairs and to accept renewal of the assist10 ance contract as long as such renewal is offered; 

11 (E) transfer the existing section 8 contract to 

12 another project or projects and owner or owners; 

13 (F) pursue exclusionary sanctions, including 

14 suspensions or debarments from Federal programs; 

15 (G) seek judicial appointment of a receiver to 

16 manage the property and cure all project deficiencies 

17 or seek a judicial order of specific performance re18 quiring the owner to cure all project deficiencies; 

19 (H) work with the owner, lender, or other re20 lated party to stabilize the property in an attempt 

21 to preserve the property through compliance, trans22 fer of ownership, or an infusion of capital provided 

23 by a third-party that requires time to effectuate; or 


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1 (I) take any other regulatory or contractual 

2 remedies available as deemed necessary and appro3 priate by the Secretary. 

4 (d) The Secretary shall also take appropriate steps 

5 to ensure that project-based contracts remain in effect, 

6 subject to the exercise of contractual abatement remedies 

7 to assist relocation of tenants for major threats to health 

8 and safety after written notice to the affected tenants. To 

9 the extent the Secretary determines, in consultation with 

10 the tenants and the local government, that the property 

11 is not feasible for continued rental assistance payments 

12 under such section 8 or other programs, based on consid13 eration of— 

14 (1) the costs of rehabilitating and operating the 

15 property and all available Federal, State, and local 

16 resources, including rent adjustments under section 

17 524 of the Multifamily Assisted Housing Reform 

18 and Affordability Act of 1997 (‘‘MAHRAA’’); and 

19 (2) environmental conditions that cannot be 

20 remedied in a cost-effective fashion, the Secretary 

21 may contract for project-based rental assistance pay22 ments with an owner or owners of other existing 

23 housing properties, or provide other rental assist24 ance. 


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1 (e) The Secretary shall report quarterly on all prop2 erties covered by this section that are assessed through 

3 the Real Estate Assessment Center and have UPCS phys4 ical inspection scores of less than 60 or have received an 

5 unsatisfactory management and occupancy review within 

6 the past 36 months. The report shall include— 

7 (1) the enforcement actions being taken to ad8 dress such conditions, including imposition of civil 

9 money penalties and termination of subsidies, and 

10 identify properties that have such conditions mul11 tiple times; 

12 (2) actions that the Department of Housing 

13 and Urban Development is taking to protect tenants 

14 of such identified properties; and 

15 (3) any administrative or legislative rec16 ommendations to further improve the living condi17 tions at properties covered under a housing assist18 ance payment contract. 

19 This report shall be due to the Senate and House Commit20 tees on Appropriations no later than 30 days after the 

21 enactment of this Act, and on the first business day of 

22 each Federal fiscal year quarter thereafter while this sec23 tion remains in effect. 

24 SEC. 223. None of the funds made available by this 

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1 tion 8 (only with respect to the tenant-based rental assist2 ance program) and section 9 of the United States Housing 

3 Act of 1937 (42 U.S.C. 1437 et seq.), may be used by 

4 any public housing agency for any amount of salary, in5 cluding bonuses, for the chief executive officer of which, 

6 or any other official or employee of which, that exceeds 

7 the annual rate of basic pay payable for a position at level 

8 IV of the Executive Schedule at any time during any pub9 lic housing agency fiscal year 2019. 

10 SEC. 224. Notwithstanding section 24(o) of the 

11 United States Housing Act of 1937 (42 U.S.C. 1437v(o)), 

12 the Secretary of Housing and Urban Development may, 

13 until September 30, 2019, obligate any available unobli14 gated balances made available under the heading ‘‘Choice 

15 Neighborhoods Initiative’’ in this Act or any prior Act. 

16 SEC. 225. None of the funds in this Act provided to 

17 the Department of Housing and Urban Development may 

18 be used to make a grant award unless the Secretary noti19 fies the House and Senate Committees on Appropriations 

20 not less than 3 full business days before any project, 

21 State, locality, housing authority, tribe, nonprofit organi22 zation, or other entity selected to receive a grant award 

23 is announced by the Department or its offices. 


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1 SEC. 226. None of the funds made available by this 

2 Act may be used to require or enforce the Physical Needs 

3 Assessment (PNA). 

4 SEC. 227. None of the funds made available in this 

5 Act shall be used by the Federal Housing Administration, 

6 the Government National Mortgage Administration, or the 

7 Department of Housing and Urban Development to in8 sure, securitize, or establish a Federal guarantee of any 

9 mortgage or mortgage backed security that refinances or 

10 otherwise replaces a mortgage that has been subject to 

11 eminent domain condemnation or seizure, by a State, mu12 nicipality, or any other political subdivision of a State. 

13 SEC. 228. None of the funds made available by this 

14 Act may be used to terminate the status of a unit of gen15 eral local government as a metropolitan city (as defined 

16 in section 102 of the Housing and Community Develop17 ment Act of 1974 (42 U.S.C. 5302)) with respect to 

18 grants under section 106 of such Act (42 U.S.C. 5306). 

19 SEC. 229. Amounts made available under this Act 

20 which are either appropriated, allocated, advanced on a 

21 reimbursable basis, or transferred to the Office of Policy 

22 Development and Research in the Department of Housing 

23 and Urban Development and functions thereof, for re24 search, evaluation, or statistical purposes, and which are 

25 unexpended at the time of completion of a contract, grant, 


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1 or cooperative agreement, may be deobligated and shall 

2 immediately become available and may be reobligated in 

3 that fiscal year or the subsequent fiscal year for the re4 search, evaluation, or statistical purposes for which the 

5 amounts are made available to that Office subject to re6 programming requirements in section 405 of this Act. 

7 SEC. 230. None of the funds provided in this Act or 

8 any other act may be used for awards, including perform9 ance, special act, or spot, for any employee of the Depart10 ment of Housing and Urban Development who has been 

11 subject to a final administrative discipline decision in the 

12 preceding two years, including suspension from work. 

13 SEC. 231. Funds made available in this title under 

14 the heading ‘‘Homeless Assistance Grants’’ may be used 

15 by the Secretary to participate in Performance Partner16 ship Pilots authorized under section 526 of division H of 

17 Public Law 113–76, section 524 of division G of Public 

18 Law 113–235, section 525 of division H of Public Law 

19 114–113, and such authorities as are enacted for Perform20 ance Partnership Pilots in an appropriations Act for fiscal 

21 years 2018 and 2019: Provided, That such participation 

22 shall be limited to no more than 10 continuums of care 

23 and housing activities to improve outcomes for discon24 nected youth. 


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1 SEC. 232. With respect to grant amounts awarded 

2 under the heading ‘‘Homeless Assistance Grants’’ for fis3 cal years 2016, 2017, 2018, and 2019 for the continuum 

4 of care (CoC) program as authorized under subtitle C of 

5 title IV of the McKinney-Vento Homeless Assistance Act, 

6 costs paid by program income of grant recipients may 

7 count toward meeting the recipient’s matching require8 ments, provided the costs are eligible CoC costs that sup9 plement the recipient’s CoC program. 

10 SEC. 233. (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. 234. 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. 235. Section 218(g) of the Cranston-Gonzalez 

13 National Affordable Housing 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, or 2021 under that section. Section 

18 231(b) of such Act (42 U.S.C. 12771(b)) shall not apply 

19 to any uninvested funds that otherwise were deducted or 

20 would be deducted from the line of credit in the partici21 pating jurisdiction’s HOME Investment Trust Fund in 

22 2018, 2019, 2020, or 2021 under that section. 

23 SEC. 236. None of the funds made available under 

24 this Act may be used to interfere with State and local in25 spections of public housing dwelling units. 


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1 SEC. 237. Amounts made available in title II of divi2 sion K of the Consolidated Appropriations Resolution, 

3 2003 (Public Law 108-7) under the heading ‘‘Indian 

4 Housing Loan Guarantee Fund Program Account’’ for 

5 necessary expenses of the Land Title Report Commission 

6 are rescinded. 

7 SEC. 238. (a) AUTHORITY.—The Secretary of Hous8 ing and Urban Development (in this section referred to 

9 as the ‘‘Secretary’’) may carry out a mobility demonstra10 tion program to enable public housing agencies to admin11 ister housing choice voucher assistance under section 8(o) 

12 of the United States Housing Act of 1937 (42 U.S.C. 

13 1437f(o)) in a manner designed to encourage families re14 ceiving such voucher assistance to move to lower-poverty 

15 areas and expand access to opportunity areas. 

16 (b) SELECTION OF PHAS.— 

17 (1) REQUIREMENTS.—The Secretary shall es18 tablish requirements for public housing agencies to 

19 participate in the demonstration program under this 

20 section, which shall provide that the following public 

21 housing agencies may participate: 

22 (A) Public housing agencies that to23 gether— 

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1 ers under section 8(o) of the United States 

2 Housing Act of 1937 (42 U.S.C. 1437f(o)) 

3 in poor, low-opportunity neighborhoods; 

4 and 

5 (ii) have an adequate number of mod6 erately priced rental units in higher-oppor7 tunity areas. 

8 (B) Planned consortia or partial consortia 

9 of public housing agencies that— 

10 (i) include at least one agency with a 

11 high-performing Family Self-Sufficiency 

12 (FSS) program; and 

13 (ii) will enable participating families 

14 to continue in such program if they relo15 cate to the jurisdiction served by any other 

16 agency of the consortium. 

17 (C) Planned consortia or partial consortia 

18 of public housing agencies that— 

19 (i) serve jurisdictions within a single 

20 region; 

21 (ii) include one or more small agen22 cies; and 

23 (iii) will consolidate mobility focused 

24 operations. 


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1 (D) Such other public housing agencies as 

2 the Secretary considers appropriate. 

3 (2) SELECTION CRITERIA.—The Secretary shall 

4 establish competitive selection criteria for public 

5 housing agencies eligible under paragraph (1) to 

6 participate in the demonstration program under this 

7 section. 

8 (3) RANDOM SELECTION OF FAMILIES.—The 

9 Secretary may require participating agencies to use 

10 a randomized selection process to select among the 

11 families eligible to receive mobility assistance under 

12 the demonstration program. 

13 (c) REGIONAL HOUSING MOBILITY PLAN.—The Sec14 retary shall require each public housing agency applying 

15 to participate in the demonstration program under this 

16 section to submit a Regional Housing Mobility Plan (in 

17 this section referred to as a ‘‘Plan’’), which shall— 

18 (1) identify the public housing agencies that 

19 will participate under the Plan and the number of 

20 vouchers each participating agency will make avail21 able out of their existing programs in connection 

22 with the demonstration; 

23 (2) identify any community-based organizations, 

24 nonprofit organizations, businesses, and other enti25 ties that will participate under the Plan and describe 


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1 the commitments for such participation made by 

2 each such entity; 

3 (3) identify any waivers or alternative require4 ments requested for the execution of the Plan; 

5 (4) identify any specific actions that the public 

6 housing agencies and other entities will undertake to 

7 accomplish the goals of the demonstration, which 

8 shall include a comprehensive approach to enable a 

9 successful transition to opportunity areas and may 

10 include counseling and continued support for fami11 lies; 

12 (5) specify the criteria that the public housing 

13 agencies would use to identify opportunity areas 

14 under the plan; 

15 (6) provide for establishment of priority and 

16 preferences for participating families, including a 

17 preference for families with young children, as such 

18 term is defined by the Secretary, based on regional 

19 housing needs and priorities; and 

20 (7) comply with any other requirements estab21 lished by the Secretary. 

22 (d) FUNDING FOR MOBILITY-RELATED SERVICES.— 

23 (1) USE OF ADMINISTRATIVE FEES.—Public 

24 housing agencies participating in the demonstration 

25 program under this section may use administrative 


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1 fees under section 8(q) of the United States Housing 

2 Act of 1937 (42 U.S.C. 1437f(q)), their administra3 tive fee reserves, and funding from private entities 

4 to provide mobility-related services in connection 

5 with the demonstration program, including services 

6 such as counseling, portability coordination, landlord 

7 outreach, security deposits, and administrative ac8 tivities associated with establishing and operating re9 gional mobility programs. 

10 (2) USE OF HOUSING ASSISTANCE FUNDS.— 

11 Public housing agencies participating in the dem12 onstration under this section may use housing as13 sistance payments funds under section 8(o) of the 

14 United States Housing Act of 1937 (42 U.S.C. 

15 1437f(o)) for security deposits if necessary to enable 

16 families to lease units with vouchers in designated 

17 opportunity areas. 

18 (e) WAIVERS; ALTERNATIVE REQUIREMENTS.— 

19 (1) WAIVERS.—To allow for public housing 

20 agencies to implement and administer their Regional 

21 Housing Mobility Plans, the Secretary may waive or 

22 specify alternative requirements for the following 

23 provisions of the United States Housing Act of 

24 1937: 


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1 (A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i) 

2 (relating to the term of a lease and mobility re3 quirements). 

4 (B) Section 8(o)(13)(C)(i) (relating to the 

5 public housing plan for an agency). 

6 (C) Section 8(r)(2) (relating to the respon7 sibility of a public housing agency to administer 

8 ported assistance). 

9 (2) ALTERNATIVE REQUIREMENTS.—The Sec10 retary shall provide additional authority for public 

11 housing agencies in a selected region to form a con12 sortium that has a single housing choice voucher 

13 funding contract, or to enter into a partial consor14 tium to operate all or portions of the Regional Hous15 ing Mobility Plan, including agencies participating in 

16 the Moving To Work Demonstration program. 

17 (3) EFFECTIVE DATE.—Any waiver or alter18 native requirements pursuant to this subsection shall 

19 not take effect before the expiration of the 10-day 

20 period beginning upon publication of notice of such 

21 waiver or alternative requirement in the Federal 

22 Register. 

23 (f) IMPLEMENTATION.—The Secretary may imple24 ment the demonstration, including its terms, procedures, 

25 requirements, and conditions, by notice. 


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1 (g) EVALUATION.—Not later than five years after im2 plementation of the regional housing mobility programs 

3 under the demonstration program under this section, the 

4 Secretary shall submit to the Congress and publish in the 

5 Federal Register a report evaluating the effectiveness of 

6 the strategies pursued under the demonstration, subject 

7 to the availability of funding to conduct the evaluation. 

8 Through official websites and other methods, the Sec9 retary shall disseminate interim findings as they become 

10 available, and shall, if promising strategies are identified, 

11 notify the Congress of the amount of funds that would 

12 be required to expand the testing of these strategies in 

13 additional types of public housing agencies and housing 

14 markets. 

15 SEC. 239. Section 221 of the Department of Housing 

16 and Urban Development Appropriations Act, 2015 (42 

17 U.S.C. 1437f-1; Public Law 113-235; 128 Stat 2754) is 

18 repealed. 

19 This title may be cited as the ‘‘Department of Hous20 ing and Urban Development Appropriations Act, 2019’’. 


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1 TITLE III 

2 RELATED AGENCIES 

3 ACCESS BOARD

4 SALARIES AND EXPENSES

5 For expenses necessary for the Access Board, as au6 thorized by section 502 of the Rehabilitation Act of 1973, 

7 as amended, $8,400,000: Provided, That, notwithstanding 

8 any other provision of law, there may be credited to this 

9 appropriation funds received for publications and training 

10 expenses. 

11 FEDERAL MARITIME COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Federal Maritime 

14 Commission as authorized by section 201(d) of the Mer15 chant Marine Act, 1936, as amended (46 U.S.C. 307), in16 cluding services as authorized by 5 U.S.C. 3109; hire of 

17 passenger motor vehicles as authorized by 31 U.S.C. 

18 1343(b); and uniforms or allowances therefore, as author19 ized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That 

20 not to exceed $2,000 shall be available for official recep21 tion and representation expenses. 


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1 NATIONAL RAILROAD PASSENGER CORPORATION

2 OFFICE OF INSPECTOR GENERAL

3 SALARIES AND EXPENSES

4 For necessary expenses of the Office of Inspector 

5 General for the National Railroad Passenger Corporation 

6 to carry out the provisions of the Inspector General Act 

7 of 1978, as amended, $23,274,000: Provided, That the In8 spector General shall have all necessary authority, in car9 rying out the duties specified in the Inspector General Act, 

10 as amended (5 U.S.C. App. 3), to investigate allegations 

11 of fraud, including false statements to the government (18 

12 U.S.C. 1001), by any person or entity that is subject to 

13 regulation by the National Railroad Passenger Corpora14 tion: Provided further, That the Inspector General may 

15 enter into contracts and other arrangements for audits, 

16 studies, analyses, and other services with public agencies 

17 and with private persons, subject to the applicable laws 

18 and regulations that govern the obtaining of such services 

19 within the National Railroad Passenger Corporation: Pro20 vided further, That the Inspector General may select, ap21 point, and employ such officers and employees as may be 

22 necessary for carrying out the functions, powers, and du23 ties of the Office of Inspector General, subject to the appli24 cable laws and regulations that govern such selections, ap25 pointments, and employment within the Corporation: ProVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 vided further, That concurrent with the President’s budget 

2 request for fiscal year 2020, the Inspector General shall 

3 submit to the House and Senate Committees on Appro4 priations a budget request for fiscal year 2020 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), $150,000,000, 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 2019, 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, $3,600,000. 


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1 TITLE IV 

2 GENERAL PROVISIONS—THIS ACT 

3 (INCLUDING RESCISSIONS)

4 SEC. 401. None of the funds in this Act shall be used 

5 for the planning or execution of any program to pay the 

6 expenses of, or otherwise compensate, non-Federal parties 

7 intervening in regulatory or adjudicatory proceedings 

8 funded in this Act. 

9 SEC. 402. None of the funds appropriated in this Act 

10 shall remain available for obligation beyond the current 

11 fiscal year, nor may any be transferred to other appropria12 tions, unless expressly so provided herein. 

13 SEC. 403. The expenditure of any appropriation 

14 under this Act for any consulting service through a pro15 curement contract pursuant to section 3109 of title 5, 

16 United States Code, shall be limited to those contracts 

17 where such expenditures are a matter of public record and 

18 available for public inspection, except where otherwise pro19 vided under existing law, or under existing Executive order 

20 issued pursuant to existing law. 

21 SEC. 404. (a) None of the funds made available in 

22 this Act may be obligated or expended for any employee 

23 training that— 


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1 (1) does not meet identified needs for knowl2 edge, skills, and abilities bearing directly upon the 

3 performance of official duties; 

4 (2) contains elements likely to induce high lev5 els of emotional response or psychological stress in 

6 some participants; 

7 (3) does not require prior employee notification 

8 of the content and methods to be used in the train9 ing and written end of course evaluation; 

10 (4) contains any methods or content associated 

11 with religious or quasi-religious belief systems or 

12 ‘‘new age’’ belief systems as defined in Equal Em13 ployment Opportunity Commission Notice N– 

14 915.022, dated September 2, 1988; or 

15 (5) is offensive to, or designed to change, par16 ticipants’ personal values or lifestyle outside the 

17 workplace. 

18 (b) Nothing in this section shall prohibit, restrict, or 

19 otherwise preclude an agency from conducting training 

20 bearing directly upon the performance of official duties. 

21 SEC. 405. Except as otherwise provided in this Act, 

22 none of the funds provided in this Act, provided by pre23 vious appropriations Acts to the agencies or entities fund24 ed in this Act that remain available for obligation or ex25 penditure in fiscal year 2019, or provided from any acVerDate Sep 11 2014 23:51 Jun 12, 2018 Jkt 079200 PO 00000 Frm 00177 Fmt 6652 Sfmt 6201 E:\BILLS\H6072.RH H6072

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1 counts in the Treasury derived by the collection of fees 

2 and available to the agencies funded by this Act, shall be 

3 available for obligation or expenditure through a re4 programming of funds that— 

5 (1) creates a new program; 

6 (2) eliminates a program, project, or activity; 

7 (3) increases funds or personnel for any pro8 gram, project, or activity for which funds have been 

9 denied or restricted by the Congress; 

10 (4) proposes to use funds directed for a specific 

11 activity by either the House or Senate Committees 

12 on Appropriations for a different purpose; 

13 (5) augments existing programs, projects, or ac14 tivities in excess of $5,000,000 or 10 percent, which15 ever is less; 

16 (6) reduces existing programs, projects, or ac17 tivities by $5,000,000 or 10 percent, whichever is 

18 less; or 

19 (7) creates, reorganizes, or restructures a 

20 branch, division, office, bureau, board, commission, 

21 agency, administration, or department different from 

22 the budget justifications submitted to the Commit23 tees on Appropriations or the table accompanying 

24 the explanatory statement accompanying this Act, 

25 whichever is more detailed, unless prior approval is 


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1 received from the House and Senate Committees on 

2 Appropriations: Provided, That not later than 60 

3 days after the date of enactment of this Act, each 

4 agency funded by this Act shall submit a report to 

5 the Committees on Appropriations of the Senate and 

6 of the House of Representatives to establish the 

7 baseline for application of reprogramming and trans8 fer authorities for the current fiscal year: Provided 

9 further, That the report shall include— 

10 (A) a table for each appropriation with a 

11 separate column to display the prior year en12 acted level, the President’s budget request, ad13 justments made by Congress, adjustments due 

14 to enacted rescissions, if appropriate, and the 

15 fiscal year enacted level; 

16 (B) a delineation in the table for each ap17 propriation and its respective prior year enacted 

18 level by object class and program, project, and 

19 activity as detailed in the budget appendix for 

20 the respective appropriation; and 

21 (C) an identification of items of special 

22 congressional interest. 

23 SEC. 406. Except as otherwise specifically provided 

24 by law, not to exceed 50 percent of unobligated balances 

25 remaining available at the end of fiscal year 2019 from 


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1 appropriations made available for salaries and expenses 

2 for fiscal year 2019 in this Act, shall remain available 

3 through September 30, 2020, for each such account for 

4 the purposes authorized: Provided, That a request shall 

5 be submitted to the House and Senate Committees on Ap6 propriations for approval prior to the expenditure of such 

7 funds: Provided further, That these requests shall be made 

8 in compliance with reprogramming guidelines under sec9 tion 405 of this Act. 

10 SEC. 407. No funds in this Act may be used to sup11 port any Federal, State, or local projects that seek to use 

12 the power of eminent domain, unless eminent domain is 

13 employed only for a public use: Provided, That for pur14 poses of this section, public use shall not be construed to 

15 include economic development that primarily benefits pri16 vate entities: Provided further, That any use of funds for 

17 mass transit, railroad, airport, seaport or highway 

18 projects, as well as utility projects which benefit or serve 

19 the general public (including energy-related, communica20 tion-related, water-related and wastewater-related infra21 structure), other structures designated for use by the gen22 eral public or which have other common-carrier or public23 utility functions that serve the general public and are sub24 ject to regulation and oversight by the government, and 

25 projects for the removal of an immediate threat to public 


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1 health and safety or brownfields as defined in the Small 

2 Business Liability Relief and Brownfields Revitalization 

3 Act (Public Law 107–118) shall be considered a public 

4 use for purposes of eminent domain. 

5 SEC. 408. None of the funds made available in this 

6 Act may be transferred to any department, agency, or in7 strumentality of the United States Government, except 

8 pursuant to a transfer made by, or transfer authority pro9 vided in, this Act or any other appropriations Act. 

10 SEC. 409. No part of any appropriation contained in 

11 this Act shall be available to pay the salary for any person 

12 filling a position, other than a temporary position, for13 merly held by an employee who has left to enter the Armed 

14 Forces of the United States and has satisfactorily com15 pleted his or her period of active military or naval service, 

16 and has within 90 days after his or her release from such 

17 service or from hospitalization continuing after discharge 

18 for a period of not more than 1 year, made application 

19 for restoration to his or her former position and has been 

20 certified by the Office of Personnel Management as still 

21 qualified to perform the duties of his or her former posi22 tion and has not been restored thereto. 

23 SEC. 410. No funds appropriated pursuant to this 

24 Act may be expended by an entity unless the entity agrees 

25 that in expending the assistance the entity will comply 


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1 with sections 2 through 4 of the Act of March 3, 1933 

2 (41 U.S.C. 8301–8305, popularly known as the ‘‘Buy 

3 American Act’’). 

4 SEC. 411. No funds appropriated or otherwise made 

5 available under this Act shall be made available to any 

6 person or entity that has been convicted of violating the 

7 Buy American Act (41 U.S.C. 8301–8305). 

8 SEC. 412. None of the funds made available in this 

9 Act may be used for first-class airline accommodations in 

10 contravention of sections 301–10.122 and 301–10.123 of 

11 title 41, Code of Federal Regulations. 

12 SEC. 413. (a) None of the funds made available by 

13 this Act may be used to approve a new foreign air carrier 

14 permit under sections 41301 through 41305 of title 49, 

15 United States Code, or exemption application under sec16 tion 40109 of that title of an air carrier already holding 

17 an air operators certificate issued by a country that is 

18 party to the U.S.-E.U.-Iceland-Norway Air Transport 

19 Agreement where such approval would contravene United 

20 States law or Article 17 bis of the U.S.-E.U.-Iceland-Nor21 way Air Transport Agreement. 

22 (b) Nothing in this section shall prohibit, restrict or 

23 otherwise preclude the Secretary of Transportation from 

24 granting a foreign air carrier permit or an exemption to 

25 such an air carrier where such authorization is consistent 


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1 with the U.S.-E.U.-Iceland-Norway Air Transport Agree2 ment and United States law. 

3 SEC. 414. None of the funds made available in this 

4 Act may be used to send or otherwise pay for the attend5 ance of more than 50 employees of a single agency or de6 partment of the United States Government, who are sta7 tioned in the United States, at any single international 

8 conference unless the relevant Secretary reports to the 

9 House and Senate Committees on Appropriations at least 

10 5 days in advance that such attendance is important to 

11 the national interest: Provided, That for purposes of this 

12 section the term ‘‘international conference’’ shall mean a 

13 conference occurring outside of the United States attended 

14 by representatives of the United States Government and 

15 of foreign governments, international organizations, or 

16 nongovernmental organizations. 

17 SEC. 415. None of the funds appropriated or other18 wise made available under this Act may be used by the 

19 Surface Transportation Board to charge or collect any fil20 ing fee for rate or practice complaints filed with the Board 

21 in an amount in excess of the amount authorized for dis22 trict court civil suit filing fees under section 1914 of title 

23 28, United States Code. 

24 SEC. 416. (a) None of the funds made available in 

25 this Act may be used to maintain or establish a computer 


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1 network unless such network blocks the viewing, 

2 downloading, and exchanging of pornography. 

3 (b) Nothing in subsection (a) shall limit the use of 

4 funds necessary for any Federal, State, tribal, or local law 

5 enforcement agency or any other entity carrying out crimi6 nal investigations, prosecution, or adjudication activities. 

7 SEC. 417. (a) None of the funds made available in 

8 this Act may be used to deny an Inspector General funded 

9 under this Act timely access to any records, documents, 

10 or other materials available to the department or agency 

11 over which that Inspector General has responsibilities 

12 under the Inspector General Act of 1978 (5 U.S.C. App.), 

13 or to prevent or impede that Inspector General’s access 

14 to such records, documents, or other materials, under any 

15 provision of law, except a provision of law that expressly 

16 refers to the Inspector General and expressly limits the 

17 Inspector General’s right of access. 

18 (b) A department or agency covered by this section 

19 shall provide its Inspector General with access to all such 

20 records, documents, and other materials in a timely man21 ner. 

22 (c) Each Inspector General shall ensure compliance 

23 with statutory limitations on disclosure relevant to the in24 formation provided by the establishment over which that 


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1 Inspector General has responsibilities under the Inspector 

2 General Act of 1978 (5 U.S.C. App.). 

3 (d) Each Inspector General covered by this section 

4 shall report to the Committees on Appropriations of the 

5 House of Representatives and the Senate within 5 cal6 endar days any failures to comply with this requirement. 

7 SPENDING REDUCTION ACCOUNT

8 SEC. 418. $0. 

9 This Act may be cited as the ‘‘Transportation, Housing 

10 and Urban Development, and Related Agencies Appro11 priations Act, 2019’’. 


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Union Calendar No. 584 

115TH CONGRESS 

2D SESSION H. R. 6072 

[Report No. 115–750] 

A BILL 

Making appropriations for the Department of 

poses. ending September 30, 2019, and for other puropment, and related agencies for the fiscal year Transportation, and Housing and Urban DevelJUNE 12, 2018 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


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