I 
115TH CONGRESS 
2D SESSION 
H. R. 6569 
To require a waiver if the installation of differently colored tiles in certain 
tunnel projects is expected to create additional costs, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 26, 2018 
Mr. FASO introduced the following bill; which was referred to the Committee 
on Transportation and Infrastructure 
A BILL 
To require a waiver if the installation of differently colored 
tiles in certain tunnel projects is expected to create addi-
tional costs, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Removing Extra 
Transportation Infrastructure Luxury Expenses Act’’ or 
the ‘‘RETILE Act’’. 
SEC. 2. DIFFERENTLY COLORED TILES IN PROJECTS. 
(a) PROJECTS FOR A PUBLIC FACILITY DAMAGED OR 
DESTROYED BY A MAJOR DISASTER.— 
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(1) IN GENERAL.—Notwithstanding any other 
provision of law, a State or local government, for 
purposes of a covered project, may not install dif-
ferently colored tiles in a tunnel if— 
(A) the installation of such tiles is reason-
ably expected to incur a higher cost than the in-
stallation of same-color tiles; and 
(B) such government has not obtained a 
waiver from the Secretary of Homeland Secu-
rity. 
(2) WAIVER.— 
(A) IN GENERAL.—A State or local gov-
ernment may apply for a waiver from this re-
quirement. 
(B) GRANTING
OF
WAIVER.—The Sec-
retary may grant a waiver based on safety fac-
tors, historical preservation factors, or any 
other factor the Secretary considers relevant. 
(3) COVERED PROJECT.—In this subsection, the 
term ‘‘covered project’’ means a project for which a 
State or local government receives a public assist-
ance grant under section 406 or 428 of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5172 or 5189f). 
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(4) REGULATIONS.—Not later than 180 days 
after the date of enactment of this section, the Sec-
retary shall issue regulations to carry out this sub-
section. 
(b) PROJECTS UNDER TITLE 23, UNITED STATES 
CODE.— 
(1) IN GENERAL.—Chapter 1 of title 23, United 
States Code, is amended by adding at the end the 
following: 
‘‘§ 171. Use of tiles in initial construction, replace-
ment, or repair in tunnel projects 
‘‘(a) WITHHOLDING
OF FUNDS
FOR NONCOMPLI-
ANCE.— 
‘‘(1) IN GENERAL.—The Secretary shall with-
hold any funding for any project under this chapter 
if such project uses differently colored tiles in a tun-
nel and— 
‘‘(A) the installation of such tiles is rea-
sonably expected to incur a higher cost than the 
installation of same-color tiles; and 
‘‘(B) the Secretary has not issued a waiver 
under this section. 
‘‘(2) AVAILABILITY OF WAIVER.— 
‘‘(A) IN GENERAL.—A State may apply for 
a waiver from this requirement. 
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‘‘(B) GRANTING
OF
WAIVER.—The Sec-
retary may grant a waiver based on safety fac-
tors, historical preservation factors, or any 
other factor the Secretary considers relevant. 
‘‘(3) REGULATIONS.—Not later than 180 days 
after the date of enactment of this section, the Sec-
retary shall issue regulations to carry out this sec-
tion.’’. 
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 1 of title 23, United States Code, 
is amended by inserting after the item relating to 
section 170 the following new item: 
‘‘171. Use of tiles in initial construction, replacement, or repair in tunnel 
projects.’’. 
Æ 
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