RESEARCH AND TECHNOLOGY 
For necessary expenses related to the Office of the 
Assistant Secretary for Research and Technology, 
$19,800,000, of which $12,718,000 shall remain available 
until expended: Provided, That of the amounts made avail-
able under this heading, $3,000,000, to remain available 
until expended, shall be for the Highly Automated Sys-
tems Safety Center of Excellence established by section 
105 of title I of division H of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94): Provided 
further, That there may be credited to this appropriation, 
to be available until expended, funds received from States, 
counties, municipalities, other public authorities, and pri-
vate sources for expenses incurred for training: Provided 
further, That any reference in law, regulation, judicial pro-
ceedings, or elsewhere to the Research and Innovative 
Technology Administration shall continue to be deemed to 
be a reference to the Office of the Assistant Secretary for 
Research and Technology of the Department of Transpor-
tation. 
NATIONAL INFRASTRUCTURE INVESTMENTS 
(INCLUDING TRANSFER OF FUNDS) 
For capital investments in surface transportation in-
frastructure, $1,000,000,000, to remain available until 
September 30, 2026: Provided, That the Secretary of 
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Transportation shall distribute amounts made available 
under this heading as discretionary grants to be awarded 
to a State, local, or Tribal government, U.S. territory, 
transit agency, port authority, metropolitan planning or-
ganization, political subdivision of a State or local govern-
ment, or a collaboration among such entities on a competi-
tive basis for projects that will have a significant local or 
regional impact: Provided further, That projects eligible 
for amounts made available under this heading shall in-
clude highway or bridge projects eligible under title 23, 
United States Code; public transportation projects eligible 
under chapter 53 of title 49, United States Code; pas-
senger and freight rail transportation projects; port infra-
structure investments (including inland port infrastruc-
ture and land ports of entry); and projects investing in 
surface transportation facilities that are located on Tribal 
land and for which title or maintenance responsibility is 
vested in the Federal Government: Provided further, That 
of the amounts made available under this heading, the 
Secretary shall use an amount not less than $20,000,000 
for the planning, preparation, or design of projects eligible 
for amounts made available under this heading, with an 
emphasis on transit, transit oriented development, and 
multimodal projects: Provided further, That of the 
amounts made available under this heading, the Secretary 
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shall use an amount not less than $20,000,000 for the 
planning, preparation, or design of projects eligible for 
amounts made available under this heading located in or 
to directly benefit areas of persistent poverty: Provided 
further, That the term ‘‘areas of persistent poverty’’ 
means any county that has consistently had 20 percent 
or more of the population living in poverty during the 30- 
year period preceding the date of enactment of this Act, 
as measured by the 1990 and 2000 decennial census and 
the most recent annual Small Area Income and Poverty 
Estimates as estimated by the Bureau of the Census; any 
census tract with a poverty rate of at least 20 percent 
as measured by the 2014-2018 5-year data series available 
from the American Community Survey of the Bureau of 
the Census; or any territory or possession of the United 
States: Provided further, That grants awarded under the 
preceding 3 provisos shall not be subject to a minimum 
grant size: Provided further, That the Secretary may use 
up to 20 percent of the amounts made available under this 
heading for the purpose of paying the subsidy and admin-
istrative costs of projects eligible for Federal credit assist-
ance under chapter 6 of title 23, United States Code, or 
sections 501 through 504 of the Railroad Revitalization 
and Regulatory Reform Act of 1976 (Public Law 94–210), 
if the Secretary finds that such use of funds would ad-
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vance the purposes of this heading: Provided further, That 
in distributing amounts made available under this head-
ing, the Secretary shall take such measures so as to ensure 
an equitable geographic distribution of funds, an equitable 
distribution of funds between urban and rural areas, and 
the investment in a variety of transportation modes, in-
cluding public transit, passenger rail, and pedestrian im-
provements: Provided further, That a grant award under 
this heading shall be not less than $5,000,000 and not 
greater than $25,000,000: Provided further, That not 
more than 10 percent of the amounts made available 
under this heading may be awarded to projects in a single 
State that are not port infrastructure investments (includ-
ing inland port infrastructure and land ports of entry): 
Provided further, That the Federal share of the costs for 
which an amount is provided under this heading shall be, 
at the option of the recipient, up to 80 percent: Provided 
further, That the Secretary shall give priority to projects 
that require a contribution of Federal funds in order to 
complete an overall financing package: Provided further, 
That an award under this heading is an urban award if 
it is to a project located within or on the boundary of an 
urbanized area, as designated by the Bureau of the Cen-
sus, that had a population greater than 250,000 in the 
2010 decennial census: Provided further, That for the pur-
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pose of determining if an award for planning, preparation, 
or design is an urban award, the project location is the 
location of the project being planned, prepared, or de-
signed: Provided further, That each award under this 
heading that is not an urban award is a rural award: Pro-
vided further, That of the amounts awarded under this 
heading, 60 percent shall be awarded as urban awards and 
40 percent shall be awarded as rural awards: Provided fur-
ther, That for rural awards, the minimum grant size shall 
be $1,000,000 and the Secretary may increase the Federal 
share of costs above 80 percent: Provided further, That 
projects conducted using amounts made available under 
this heading shall comply with the requirements of sub-
chapter IV of chapter 31 of title 40, United States Code: 
Provided further, That the Secretary shall conduct a new 
competition to select the grants and credit assistance 
awarded under this heading: Provided further, That the 
Secretary may retain up to $25,000,000 of the amounts 
made available under this heading, and may transfer por-
tions of such amounts to the Administrators of the Fed-
eral Highway Administration, the Federal Transit Admin-
istration, the Federal Railroad Administration, and the 
Maritime Administration to fund the award and oversight 
of grants and credit assistance made under the national 
infrastructure investments program: Provided further, 
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That the Secretary shall consider and award projects 
based solely on the selection criteria from the fiscal year 
2017 Notice of Funding Opportunity: Provided further, 
That, notwithstanding the preceding proviso, the Sec-
retary shall not use the Federal share or an applicant’s 
ability to generate non-Federal revenue as a selection cri-
teria in awarding projects: Provided further, That the Sec-
retary shall issue the Notice of Funding Opportunity not 
later than 60 days after the date of enactment of this Act: 
Provided further, That such Notice of Funding Oppor-
tunity shall require application submissions 90 days after 
the publishing of such Notice: Provided further, That of 
the applications submitted under the preceding 2 provisos, 
the Secretary shall make grants not later than 270 days 
after the date of enactment of this Act in such amounts 
that the Secretary determines. 
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 
FINANCE BUREAU 
For necessary expenses of the National Surface 
Transportation and Innovative Finance Bureau as author-
ized by section 116 of title 49, United States Code, 
$15,500,000, to remain available until expended: Pro-
vided, That of the amounts made available under this 
heading, $10,000,000 shall be for planning grants to as-
sist areas of persistent poverty: Provided further, That the 
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term ‘‘areas of persistent poverty’’ means any county that 
has consistently had 20 percent or more of the population 
living in poverty during the 30-year period preceding the 
date of enactment of this Act, as measured by the 1990 
and 2000 decennial census and the most recent annual 
Small Area Income and Poverty Estimates as estimated 
by the Bureau of the Census; any census tract with a pov-
erty rate of at least 20 percent as measured by the 2014– 
2018 5-year data series available from the American Com-
munity Survey of the Bureau of the Census; or any terri-
tory or possession of the United States: Provided further, 
That planning grants under this heading shall be in the 
form of competitive grants to eligible entities to support 
pre-construction activities including planning, engineering, 
design, environmental analysis, feasibility studies, and fi-
nance plans for eligible projects: Provided further, That 
eligible entities for planning grants under this heading 
shall include a State, local, or Tribal government, a U.S. 
territory, a transit agency, a port authority or commission, 
a metropolitan planning organization, other political sub-
divisions of a State or a local government, or a collabora-
tion among such entities: Provided further, That eligible 
projects for planning grants under this heading shall in-
clude highway, bridge, and bicycle and pedestrian projects 
eligible under title 23, United States Code; public trans-
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portation projects eligible under chapter 53 of title 49, 
United States Code; passenger and freight rail transpor-
tation projects; port infrastructure improvement projects; 
airport improvement projects; and intermodal projects 
that are located in or to directly benefit areas of persistent 
poverty: Provided further, That the Secretary of Transpor-
tation shall conduct outreach to eligible entities for plan-
ning grants under this heading through personal contact, 
webinars, web materials, or other appropriate methods de-
termined by the Secretary, to ensure such eligible entities 
are aware of the availability of planning grants under this 
heading and are able to apply for such grants: Provided 
further, That the Federal share of the costs for planning 
grants under this heading shall be, at the option of the 
eligible entity, not less than 90 percent of the net total 
project cost: Provided further, That the Secretary shall not 
use the requested amount of the Federal share or an eligi-
ble entities’ ability to generate non-Federal revenue as a 
selection criteria in awarding planning grants under this 
heading: Provided further, That a planning grant funded 
under this heading shall be not less than $100,000 and 
not greater than $500,000: Provided further, That for 
planning grants under this heading priority consideration 
shall be, without regard to rural or urban areas of per-
sistent poverty, based on project justification and dem-
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onstrated need: Provided further, That for planning grants 
under this heading the Secretary shall consider factors 
such as improving safety and state of good repair, reduc-
ing congestion and vehicle emissions, and increasing 
connectivity and quality of life when considering dem-
onstrated need: Provided further, That the Secretary may 
withhold up to 1 percent of the amounts made available 
for planning grants under this heading for the costs of 
award and grant administration. 
RAILROAD REHABILITATION AND IMPROVEMENT 
FINANCING PROGRAM 
For the cost of modifications, as defined by section 
502 of the Federal Credit Reform Act of 1990, of direct 
loans issued pursuant to sections 501 through 504 of the 
Railroad Revitalization and Regulatory Reform Act of 
1976 (Public Law 94–210), and included in cohort 3, as 
defined by the Department of Transportation’s memo-
randum to the Office of Management and Budget dated 
November 5, 2018, $70,000,000, to remain available until 
expended: Provided, That, for a direct loan included in 
such cohort 3 that has satisfied all obligations attached 
to such loan, the Secretary shall repay the credit risk pre-
miums of such loan, with interest accrued thereon, not 
later than 60 days after the enactment of this Act or, for 
a direct loan included in such cohort 3 with obligations 
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that have not yet been satisfied, not later than 60 days 
after the date on which all obligations attached to such 
loan have been satisfied: Provided further, That the Sec-
retary of Transportation is authorized to issue direct loans 
and loan guarantees pursuant to sections 501 through 504 
of the Railroad Revitalization and Regulatory Reform Act 
of 1976 (Public Law 94–210), and such authority shall 
exist so long as any such direct loan or loan guarantee 
is outstanding. 
FINANCIAL MANAGEMENT CAPITAL 
For necessary expenses for upgrading and enhancing 
the Department of Transportation’s financial systems and 
reengineering business processes, $2,000,000, to remain 
available until September 30, 2022. 
CYBER SECURITY INITIATIVES 
For necessary expenses for cyber security initiatives, 
including necessary upgrades to network and information 
technology infrastructure, improvement of identity man-
agement and authentication capabilities, securing and pro-
tecting data, implementation of Federal cyber security ini-
tiatives, and implementation of enhanced security controls 
on agency computers and mobile devices, $19,300,000, to 
remain available until September 30, 2022. 
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OFFICE OF CIVIL RIGHTS 
For necessary expenses of the Office of Civil Rights, 
$9,600,000. 
TRANSPORTATION PLANNING, RESEARCH, AND 
DEVELOPMENT 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for conducting transportation 
planning, research, systems development, development ac-
tivities, and making grants, $10,879,000, to remain avail-
able until expended: Provided, That of such amount, 
$1,000,000 shall be for necessary expenses of the Inter-
agency Infrastructure Permitting Improvement Center 
(IIPIC): Provided further, That there may be transferred 
to this appropriation, to remain available until expended, 
amounts transferred from other Federal agencies for ex-
penses incurred under this heading for IIPIC activities not 
related to transportation infrastructure: Provided further, 
That the tools and analysis developed by the IIPIC shall 
be available to other Federal agencies for the permitting 
and review of major infrastructure projects not related to 
transportation only to the extent that other Federal agen-
cies provide funding to the Department in accordance with 
the preceding proviso. 
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WORKING CAPITAL FUND 
(INCLUDING TRANSFER OF FUNDS) 
For necessary expenses for operating costs and cap-
ital outlays of the Working Capital Fund, not to exceed 
$372,016,000, shall be paid from appropriations made 
available to the Department of Transportation: Provided, 
That such services shall be provided on a competitive basis 
to entities within the Department of Transportation 
(DOT): Provided further, That the limitation in the pre-
ceding proviso on operating expenses shall not apply to 
non-DOT entities: Provided further, That no funds made 
available by this Act to an agency of the Department shall 
be transferred to the Working Capital Fund without ma-
jority approval of the Working Capital Fund Steering 
Committee and approval of the Secretary: Provided fur-
ther, That no assessments may be levied against any pro-
gram, budget activity, subactivity, or project funded by 
this Act unless notice of such assessments and the basis 
therefor are presented to the House and Senate Commit-
tees on Appropriations and are approved by such Commit-
tees. 
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND 
OUTREACH 
For necessary expenses for small and disadvantaged 
business utilization and outreach activities, $4,714,000, to 
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remain available until September 30, 2022: Provided, 
That notwithstanding section 332 of title 49, United 
States Code, such amounts may be used for business op-
portunities related to any mode of transportation: Pro-
vided further, That appropriations made available under 
this heading shall be available for any purpose consistent 
with prior year appropriations that were made available 
under the heading ‘‘Office of the Secretary—Minority 
Business Resource Center Program’’. 
PAYMENTS TO AIR CARRIERS 
(AIRPORT AND AIRWAY TRUST FUND) 
In addition to funds made available from any other 
source to carry out the essential air service program under 
sections 41731 through 41742 of title 49, United States 
Code, $162,000,000, to be derived from the Airport and 
Airway Trust Fund, to remain available until expended: 
Provided, That in determining between or among carriers 
competing to provide service to a community, the Sec-
retary may consider the relative subsidy requirements of 
the carriers: Provided further, That basic essential air 
service minimum requirements shall not include the 15- 
passenger capacity requirement under section 41732(b)(3) 
of title 49, United States Code: Provided further, That 
none of the funds made available in this Act or any other 
Act shall be used to enter into a new contract with a com-
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munity located less than 40 miles from the nearest small 
hub airport before the Secretary has negotiated with the 
community over a local cost share: Provided further, That 
amounts authorized to be distributed for the essential air 
service program under section 41742(b) of title 49, United 
States Code, shall be made available immediately from 
amounts otherwise provided to the Administrator of the 
Federal Aviation Administration: Provided further, That 
the Administrator may reimburse such amounts from fees 
credited to the account established under section 45303 
of title 49, United States Code. 
ADMINISTRATIVE PROVISIONS—OFFICE OF THE 
SECRETARY OF TRANSPORTATION 
(INCLUDING RESCISSIONS) 
SEC. 101. None of the funds made available by this 
Act to the Department of Transportation may be obligated 
for the Office of the Secretary of Transportation to ap-
prove assessments or reimbursable agreements pertaining 
to funds appropriated to the operating administrations in 
this Act, except for activities underway on the date of en-
actment of this Act, unless such assessments or agree-
ments have completed the normal reprogramming process 
for congressional notification. 
SEC. 102. The Secretary shall post on the Web site 
of the Department of Transportation a schedule of all 
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meetings of the Council on Credit and Finance, including 
the agenda for each meeting, and require the Council on 
Credit and Finance to record the decisions and actions 
of each meeting. 
SEC. 103. In addition to authority provided by section 
327 of title 49, United States Code, the Department’s 
Working Capital Fund is authorized to provide partial or 
full payments in advance and accept subsequent reim-
bursements from all Federal agencies from available funds 
for transit benefit distribution services that are necessary 
to carry out the Federal transit pass transportation fringe 
benefit program under Executive Order No. 13150 and 
section 3049 of SAFETEA-LU (5 U.S.C. 7905 note): 
Provided, That the Department shall maintain a reason-
able operating reserve in the Working Capital Fund, to 
be expended in advance to provide uninterrupted transit 
benefits to Government employees: Provided further, That 
such reserve shall not exceed 1 month of benefits payable 
and may be used only for the purpose of providing for 
the continuation of transit benefits: Provided further, That 
the Working Capital Fund shall be fully reimbursed by 
each customer agency from available funds for the actual 
cost of the transit benefit. 
SEC. 104. Notwithstanding section 3324 of title 31, 
United States Code, in addition to authority provided by 
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(1) Not less than $60,000,000 shall be for 
projects eligible under section 22907(c)(5) of title 
49, United States Code; 
(2) Not less than $90,000,000 shall be for 
projects eligible under section 22907(c)(2) of title 
49, United States Code, that support the develop-
ment of new intercity passenger rail service routes 
including alignments for existing routes: Provided, 
That the Secretary shall give preference for pre-con-
struction elements including preliminary engineering 
and final design of such projects; and 
(3) Not less than $25,000,000 shall be for cap-
ital projects and engineering solutions targeting tres-
passing: Provided, That the Secretary shall give 
preference for such projects that are located in coun-
ties with the most pedestrian trespasser casualties as 
identified in the Federal Railroad Administration’s 
National Strategy to Prevent Trespassing on Rail-
road Property: 
Provided further, That section 22905(f) of title 49, United 
States Code, shall not apply to projects for the implemen-
tation of positive train control systems otherwise eligible 
under section 22907(c)(1) of title 49, United States Code: 
Provided further, That amounts made available under this 
heading for projects selected for commuter rail passenger 
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104 
(B) if no such appropriation remains avail-
able, shall be deposited in the Treasury as mis-
cellaneous receipts: Provided further, That prior 
to depositing such recovery in the Treasury, the 
Secretary shall notify the House and Senate 
Committees on Appropriations of the amount 
and reasons for such transfer: Provided further, 
That for purposes of this section, the term ‘‘im-
proper payments’’ has the same meaning as 
that provided in section 2(e)(2) of the Improper 
Payments Elimination and Recovery Act of 
2010 (Public Law 111–204). 
SEC. 188. Notwithstanding any other provision of 
law, if any funds provided by or limited by this Act are 
subject to a reprogramming action that requires notice to 
be provided to the House and Senate Committees on Ap-
propriations, transmission of such reprogramming notice 
shall be provided solely to the House and Senate Commit-
tees on Appropriations, and such reprogramming action 
shall be approved or denied solely by the House and Sen-
ate Committees on Appropriations: Provided, That the 
Secretary of Transportation may provide notice to other 
congressional committees of the action of the House and 
Senate Committees on Appropriations on such reprogram-
ming but not sooner than 30 days after the date on which 
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