Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2020
This bill provides FY2020 appropriations to the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.
The bill provides appropriations to DOT for
The bill provides appropriations to HUD for
The bill also provides appropriations to several related agencies, including
Additionally, the bill sets forth requirements and restrictions for using funds provided by this and other appropriations Acts.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3163 Reported in House (RH)]
<DOC>
Union Calendar No. 79
116th CONGRESS
1st Session
H. R. 3163
[Report No. 116-106]
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2020, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 6, 2019
Mr. Price, from the Committee on Appropriations, reported the following
bill; which was committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2020, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the Departments of Transportation, and Housing and
Urban Development, and related agencies for the fiscal year ending
September 30, 2020, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$113,910,000, of which not to exceed $3,065,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,000,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $20,428,000 shall be available for the Office of the General
Counsel; not to exceed $10,331,000 shall be available for the Office of
the Under Secretary of Transportation for Policy; not to exceed
$14,300,000 shall be available for the Office of the Assistant
Secretary for Budget and Programs; not to exceed $2,546,000 shall be
available for the Office of the Assistant Secretary for Governmental
Affairs; not to exceed $29,244,000 shall be available for the Office of
the Assistant Secretary for Administration; not to exceed $2,142,000
shall be available for the Office of Public Affairs; not to exceed
$1,859,000 shall be available for the Office of the Executive
Secretariat; not to exceed $12,181,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $16,814,000 shall be available for the Office of the Chief
Information Officer: Provided, That the Secretary of Transportation is
authorized to transfer funds appropriated for any office of the Office
of the Secretary to any other office of the Office of the Secretary:
Provided further, That no appropriation for any office shall be
increased or decreased by more than 7 percent by all such transfers:
Provided further, That notice of any change in funding greater than 7
percent shall be submitted for approval to the House and Senate
Committees on Appropriations: Provided further, That not to exceed
$60,000 shall be for allocation within the Department for official
reception and representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107-71, there may be credited
to this appropriation up to $2,500,000 in funds received in user fees:
Provided further, That none of the funds provided in this Act shall be
available for the position of Assistant Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $42,948,000, of which
$21,166,000 shall remain available until September 30, 2022, and of
which $15,000,000, to remain available until expended, is for new
competitive grants under section 5505 of title 49, United States Code,
for Tier I University Transportation Centers: Provided, That such
amounts are in addition to amounts previously provided for such
program: Provided further, That section 5505(c)(4)(A) of title 49,
United States Code, shall not apply to amounts for additional Tier I
University Transportation Centers provided under this heading:
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 private sources for
expenses incurred for training: Provided further, That any reference
in law, regulation, judicial proceedings, 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 Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$1,000,000,000, to remain available through September 30, 2022:
Provided, That the Secretary of Transportation shall distribute funds
provided under this heading as discretionary grants to be awarded to a
State, local government, transit agency, port authority, or a
collaboration among such entities on a competitive basis for projects
that will have a significant local or regional impact: Provided
further, That projects eligible for funding provided under this heading
shall include, but not be limited to, highway or bridge projects
eligible under title 23, United States Code; public transportation
projects eligible under chapter 53 of title 49, United States Code;
passenger and freight rail transportation projects; and port
infrastructure investments (including inland port infrastructure and
land ports of entry): Provided further, That of the amount made
available under this heading, the Secretary shall use $15,000,000 for
the planning, preparation or design of projects eligible for funding
under this heading, with an emphasis on transit, transit oriented
development, and multimodal projects: Provided further, That of the
amount made available under this heading, the Secretary shall use
$20,000,000 for the planning, preparation or design of projects
eligible for funding under this heading located in areas of persistent
poverty: Provided further, That the term persistent poverty means any
county that has had 20 percent or more of its population living in
poverty over the past 30 years, as measured by the 1990 and 2000
decennial census and the most recent Small Area Income and Poverty
Estimates, or any census tract with a poverty rate of at least 20
percent as measured by the 2013-2017 five-year data series available
from the American Community Survey of the Census Bureau: Provided
further, That grants awarded under the previous three provisos shall
not be subject to a minimum grant size: Provided further, That the
Secretary may use up to 20 percent of the funds made available under
this heading for the purpose of paying the subsidy and administrative
costs of projects eligible for Federal credit assistance 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), as amended, if the Secretary finds that such use of the funds
would advance the purposes of this paragraph: Provided further, That
in distributing funds provided under this heading, 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,
including public transit, passenger rail, and pedestrian improvements:
Provided further, That a grant funded under this heading shall be not
less than $5,000,000 and not greater than $50,000,000: Provided
further, That not more than 15 percent of the funds made available
under this heading may be awarded to projects in a single State:
Provided further, That the Federal share of the costs for which an
expenditure is made 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 of the funds awarded under this heading not more than 50
percent shall be for projects located in a rural area with a population
equal to or less than 200,000: Provided further, That for projects
located in a rural area, 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 of the funds awarded under this heading not
more than 50 percent shall be for projects located in an urbanized area
with a population of more than 200,000: Provided further, That funds
for an urbanized area under the previous proviso may be obligated to
projects in the metropolitan area established under section 134 of
title 23, United States Code, that encompasses such urbanized area:
Provided further, That the Secretary shall consider the benefits of a
project on urban and rural areas to the fullest extent to include all
relevant geographic areas: Provided further, That projects conducted
using funds provided under this heading must comply with the
requirements of subchapter 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 funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, 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, 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 previous
proviso, the Secretary shall not use the Federal share or an
applicant's ability to generate non-Federal revenue as a selection
criteria in awarding projects: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity no later than 60 days
after enactment of this Act: Provided further, That such Notice of
Funding Opportunity shall require application submissions 90 days after
the publishing of such Notice: Provided further, That of the
applications submitted under the previous two provisos, the Secretary
shall make grants no later than 270 days after enactment of this Act in
such amounts that the Secretary determines: Provided further, That
such sums provided for national infrastructure investments for
multimodal safety projects under title VIII of division F of the
Consolidated and Further Continuing Appropriations Act, 2013 (Public
Law 113-6; 127 Stat. 432) shall remain available through fiscal year
2024 for the liquidation of valid obligations of active grants awarded
with this funding: Provided further, That the preceding proviso shall
be applied as if it were in effect on September 30, 2019.
national surface transportation and innovative finance bureau
For necessary expenses of the National Surface Transportation and
Innovative Finance Bureau as authorized by 49 U.S.C. 116, $5,000,000,
to remain available until expended: Provided, That the Secretary shall
notify the House and Senate Committees on Appropriations no less than
15 days prior to exercising the transfer authority granted under
section 116(h) of title 49, United States Code.
financial management capital
For necessary expenses for upgrading and enhancing the Department
of Transportation's financial systems and re-engineering business
processes, $2,000,000, to remain available through September 30, 2021.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2021.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,470,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, $15,879,000, to remain available until expended: Provided,
That of such amount, $1,000,000 shall be for necessary expenses of the
Interagency 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 expenses 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 agencies provide funding to the Department as
provided for under the previous proviso.
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $424,901,000, 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: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That no assessments may be levied against any program, 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 Committees on Appropriations and are approved by such
Committees.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2021: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related to any
mode of transportation: Provided 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 ``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 49 U.S.C. 41731 through
41742, $175,000,000, 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 Secretary 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 subsection 41732(b)(3) of title 49, United States
Code: Provided further, That none of the funds in this Act or any
other Act shall be used to enter into a new contract with a community
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 subsection 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
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, except for activities underway on the date
of enactment of this Act, unless such assessments or agreements 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 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
hereby authorized to provide partial or full payments in advance and
accept subsequent reimbursements 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
Public Law 109-59: Provided, That the Department shall maintain a
reasonable 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 will not
exceed one 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 will be fully
reimbursed by each customer agency from available funds for the actual
cost of the transit benefit.
Sec. 104. For an additional amount for ``Office of the Secretary--
Salaries and Expenses'', $2,052,000, to become available on the date on
which the Secretary announces the selection of projects to receive
awards for each of the following competitive grants, with respect to
funds made available for fiscal year 2017 or fiscal year 2018 for such
grants:
(a) Federal-State Partnership for State of Good Repair Grants, as
authorized by section 24911 of title 49, United States Code, and as
funded under the heading ``Federal Railroad Administration--Federal-
State Partnership for State of Good Repair Grants'' by Public Law 115-
31 and as funded under the heading ``Federal Railroad Administration--
Federal-State Partnership for State of Good Repair'' by Public Law 115-
141;
(b) Consolidated Rail Infrastructure and Safety Improvements
Grants, as authorized by section 22907 of title 49, United States Code,
and as funded under the heading ``Federal Railroad Administration--
Consolidated Rail Infrastructure and Safety Improvements'' by Public
Law 115-141; and
(c) Restoration and Enhancement Grants, as authorized by section
22908 of title 49, United States Code, and as funded under the heading
``Federal Railroad Administration--Restoration and Enhancement Grants''
by Public Law 115-31 and as funded under the heading ``Federal Railroad
Administration--Restoration and Enhancement'' by Public Law 115-141.
Sec. 105. (a) Of the amount made available to ``Office of the
Secretary--Research and Technology'', $1,000,000 shall be for the
Secretary of Transportation to enter into an arrangement with the
National Academies of Sciences, Engineering, and Medicine to conduct a
study through the Transportation Research Board on effective ways to
measure the resilience of transportation systems and services to
natural disasters, natural hazards, and other potential disruptions.
(b) The study conducted pursuant to subsection (a) shall--
(1) identify and examine approaches used by Federal
agencies, States, metropolitan planning organizations, local
governments, and other organizations, including approaches
described in academic literature, to develop metrics for
transportation resilience, including methodologies used for
quantitative and qualitative data collection and analysis; and
(2) provide findings and recommendations on approaches to
measuring resilience that have shown or promise success, and
strategies to overcome challenges in measuring resilience.
(c) No later than 30 days after the date of enactment of this Act,
the Secretary of Transportation shall enter into the arrangement
described in subsection (a).
(d) No later than 210 days after the date of enactment of this Act,
the National Academies of Sciences, Engineering, and Medicine shall
provide an interim report of its findings to the Committees on
Appropriations of the House of Representatives and Senate.
(e) No later than 1 year after the date of enactment of this Act,
the Secretary of Transportation shall submit to the Committees on
Appropriations of the House of Representatives and Senate the final
study developed by the National Academies of Sciences, Engineering, and
Medicine.
Sec. 106. (a) Of the amount made available to ``Office of the
Secretary--Research and Technology'', $10,000,000 shall be for the
establishment of a Highly Automated Systems Safety Center of Excellence
within the Department of Transportation, in order to have a Department
of Transportation workforce capable of reviewing, validating, and
certifying the safety of automated technologies.
(b) The Highly Automated Systems Safety Center of Excellence shall
---
(1) serve as a single place within the Department of
Transportation for expertise in automation and human behavior,
computer science, machine learning, sensors, and other
technologies involving automated systems;
(2) support all Operating Administrations of the Department
of Transportation; and
(3) have a workforce composed of Department of
Transportation employees, including direct hires or detailees
from Operating Administrations.
(c) Employees of the Highly Automated Systems Safety Center of
Excellence shall audit, inspect, and certify highly automated systems
to ensure their safety.
(d) No later than 90 days after the date of enactment of this Act,
the Secretary shall report to the Committees on Appropriations of the
House of Representatives and the Senate on staffing needs and the
staffing plan for the Highly Automated Systems Safety Center of
Excellence.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the
public, the lease or purchase of passenger motor vehicles for
replacement only, $10,677,758,000, to remain available until September
30, 2021, of which $9,833,400,000 shall be derived from the Airport and
Airway Trust Fund: Provided, That of the sums appropriated under this
heading --
(1) not less than $1,603,969,000 shall be available for
aviation safety activities;
(2) not to exceed $7,841,720,000 shall be available for air
traffic organization activities;
(3) not to exceed $24,949,000 shall be available for
commercial space transportation activities;
(4) not to exceed $816,398,000 shall be available for
finance and management activities;
(5) not to exceed $61,258,000 shall be available for
NextGen and operations planning activities;
(6) not to exceed $114,165,000 shall be available for
security and hazardous materials safety; and
(7) not to exceed $215,299,000 shall be available for staff
offices, of which $5,000,000 is for the Minority Serving
Institutions internship program, $5,000,000 is for the aviation
maintenance technician development program (as described in
section 625 of Public Law 115-254), and $5,000,000 is for the
aviation workforce development program (as described in section
625 of Public Law 115-254):
Provided further, That not to exceed 5 percent of any budget
activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 5 percent: Provided further, That any transfer in excess of
5 percent shall be treated as a reprogramming of funds under section
405 of this Act and shall not be available for obligation or
expenditure except in compliance with the procedures set forth in that
section: Provided further, That not later than 60 days after the
submission of the budget request, the Administrator of the Federal
Aviation Administration shall transmit to Congress an annual update to
the report submitted to Congress in December 2004 pursuant to section
221 of Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after the date
that is 60 days after the submission of the budget request that such
report has not been submitted to the Congress: Provided further, That
not later than 60 days after the submission of the budget request, the
Administrator shall transmit to Congress a companion report that
describes a comprehensive strategy for staffing, hiring, and training
flight standards and aircraft certification staff in a format similar
to the one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 per day for each day after the date that is 60 days after
the submission of the budget request that such report has not been
submitted to Congress: Provided further, That funds may be used to
enter into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety standards:
Provided further, That none of the funds in this Act shall be
available for new applicants for the second career training program:
Provided further, That none of the funds in this Act shall be available
for the Federal Aviation Administration to finalize or implement any
regulation that would promulgate new aviation user fees not
specifically authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public
authorities, and private sources for expenses incurred in the provision
of agency services, including receipts for the maintenance and
operation of air navigation facilities, and for issuance, renewal or
modification of certificates, including airman, aircraft, and repair
station certificates, or for tests related thereto, or for processing
major repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $169,000,000 shall be
used to fund direct operations of the current air traffic control
towers in the contract tower program, including the contract tower cost
share program, and any airport that is currently qualified or that will
qualify for the program during the fiscal year: Provided further, That
none of the funds in this Act for aeronautical charting and cartography
are available for activities conducted by, or coordinated through, the
Working Capital Fund: Provided further, That none of the funds
appropriated or otherwise made available by this Act or any other Act
may be used to eliminate the Contract Weather Observers program at any
airport: Provided further, That the opening, closing, reorganization,
or redesignation of field or regional offices shall be subject to the
requirements of section 405 of this Act.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part A of
subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and
acquisition of necessary sites by lease or grant; construction and
furnishing of quarters and related accommodations for officers and
employees of the Federal Aviation Administration stationed at remote
localities where such accommodations are not available; and the
purchase, lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway Trust Fund,
$3,000,000,000, of which $512,823,000 shall remain available until
September 30, 2021, $2,372,127,000 shall remain available until
September 30, 2022, and $115,050,000 shall remain available until
expended: Provided, That there may be credited to this appropriation
funds received from States, counties, municipalities, other public
authorities, and private sources, for expenses incurred in the
establishment, improvement, and modernization of national airspace
systems: Provided further, That no later than 60 days after the
submission of the budget request, the Secretary of Transportation shall
transmit to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2021 through 2025, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle
VII of title 49, United States Code, including construction of
experimental facilities and acquisition of necessary sites by lease or
grant, $191,100,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2022: Provided, That
there may be credited to this appropriation as offsetting collections,
funds received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development: Provided further,
That funds made available under this heading shall be used in
accordance with the report accompanying this Act: Provided further,
That not to exceed 10 percent of any funding level specified under this
heading in the report accompanying this Act may be transferred to any
other funding level specified under this heading in the report
accompanying this Act: Provided further, That no transfer may increase
or decrease any funding level by more than 10 percent: Provided
further, That any transfer in excess of 10 percent shall be treated as
a reprogramming of funds under section 405 of this Act and shall not be
available for obligation or expenditure except in compliance with the
procedures set forth in that section.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,000,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2020, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That none of the funds
under this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or other
airport improvements that are necessary to install bulk explosive
detection systems: Provided further, That notwithstanding section
47109(a) of title 49, United States Code, the Government's share of
allowable project costs under paragraph (2) for subgrants or paragraph
(3) of that section shall be 95 percent for a project at other than a
large or medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor received a
grant in fiscal year 2011 for the construction project: Provided
further, That notwithstanding any other provision of law, of funds
limited under this heading, not more than $112,600,000 shall be
available for administration, not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$33,210,000 shall be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be available and
transferred to ``Office of the Secretary, Salaries and Expenses'' to
carry out the Small Community Air Service Development Program:
Provided further, That in addition to airports eligible under section
41743 of title 49, United States Code, such program may include the
participation of an airport that serves a community or consortium that
is not larger than a small hub airport, according to FAA hub
classifications effective at the time the Office of the Secretary
issues a request for proposals.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for Airports'', to
enable the Secretary of Transportation to make grants for projects as
authorized by subchapter 1 of chapter 471 and subchapter 1 of chapter
475 of title 49, United States Code, $500,000,000, to remain available
through September 30, 2022: Provided, That amounts made available
under this heading shall be derived from the general fund, and such
funds shall not be subject to apportionment formulas, special
apportionment categories, or minimum percentages under chapter 471:
Provided further, That the Secretary shall distribute funds provided
under this heading as discretionary grants to airports: Provided
further, That the amount made available under this heading shall not be
subject to any limitation on obligations for the Grants-in-Aid for
Airports program set forth in any Act: Provided further, That the
Administrator of the Federal Aviation Administration may retain up to
0.5 percent of the funds provided under this heading to fund the award
and oversight by the Administrator of grants made under this heading:
Provided further, That section 47115(j) of title 49, United States
Code, shall not apply with respect to amounts made available under this
heading: Provided further, That priority consideration shall be,
without regard to airport size, based on project justification and
completeness of pre-grant actions.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally funded
research and development center contract between the Federal Aviation
Administration and the Center for Advanced Aviation Systems Development
during fiscal year 2020.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide
to the Federal Aviation Administration without cost building
construction, maintenance, utilities and expenses, or space in airport
sponsor-owned buildings for services relating to air traffic control,
air navigation, or weather reporting: Provided, That the prohibition
of funds in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-market''
rates for these items or to grant assurances that require airport
sponsors to provide land without cost to the Federal Aviation
Administration for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request
to the Administrator of the Federal Aviation Administration, a blocking
of that owner's or operator's aircraft registration number from any
display of the Federal Aviation Administration's Aircraft Situational
Display to Industry data that is made available to the public, except
data made available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than eight political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None of the funds made available under this Act may be
used to increase fees pursuant to section 44721 of title 49, United
States Code, until the Federal Aviation Administration provides to the
House and Senate Committees on Appropriations a report that justifies
all fees related to aeronautical navigation products and explains how
such fees are consistent with Executive Order 13642.
Sec. 119A. None of the funds in this Act may be used to close a
regional operations center of the Federal Aviation Administration or
reduce its services unless the Administrator notifies the House and
Senate Committees on Appropriations not less than 90 full business days
in advance.
Sec. 119B. None of the funds appropriated or limited by this Act
may be used to change weight restrictions or prior permission rules at
Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used
by the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any new application for participation
in the Contract Tower Program, or for reevaluation of Cost-share
Program participants as long as the Federal Aviation Administration has
received an application from the airport, and as long as the
Administrator determines such tower is eligible.
Sec. 119D. Of the funds provided under the heading ``Grants-in-aid
for Airports'', up to $3,500,000 may be for necessary expenses,
including an independent verification regime, to provide reimbursement
to airport sponsors that do not provide gateway operations and
providers of general aviation ground support services located at those
airports closed during a temporary flight restriction (TFR) for any
residence of the President that is designated or identified to be
secured by the United States Secret Service, and for direct and
incremental financial losses incurred while such airports are closed
solely due to the actions of the Federal Government: Provided, That no
funds shall be obligated or distributed to airport sponsors that do not
provide gateway operations and providers of general aviation ground
support services until an independent audit is completed: Provided
further, That losses incurred as a result of violations of law, or
through fault or negligence, of such operators and service providers or
of third parties (including airports) are not eligible for
reimbursements: Provided further, That obligation and expenditure of
funds are conditional upon full release of the United States Government
for all claims for financial losses resulting from such actions.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $453,549,689, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of
the Federal Highway Administration. In addition, $3,248,000 shall be
transferred to the Appalachian Regional Commission in accordance with
section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of Federal-aid
highway and highway safety construction programs authorized under
titles 23 and 49, United States Code, and the provisions of the Fixing
America's Surface Transportation (FAST) Act (Public Law 114-94) shall
not exceed total obligations of $46,365,092,000 for fiscal year 2020:
Provided, That the Secretary may collect and spend fees, as authorized
by title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of Federal credit
instruments and all or a portion of the costs to the Federal Government
of servicing such credit instruments: Provided further, That such fees
are available until expended to pay for such costs: Provided further,
That such amounts are in addition to administrative expenses that are
also available for such purpose, and are not subject to any obligation
limitation or the limitation on administrative expenses under section
608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $47,104,092,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
highway infrastructure programs
There is hereby appropriated to the Secretary of Transportation
$1,750,000,000: Provided, That the amounts made available under this
heading shall be derived from the general fund, shall be in addition to
any funds provided for fiscal year 2020 in this or any other Act for
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code, and shall not affect the distribution or amount of funds provided
in any other Act: Provided further, That of the sums made available
under this heading:
(1) $1,493,100,000 shall be for activities eligible under
section 133(b) of title 23, United States Code, for the
elimination of hazards and the installation of protective
devices at railway-highway crossings, and to provide necessary
charging infrastructure along corridor ready or corridor
pending alternative fuel corridors as defined under 23 U.S.C.
151;
(2) $5,451,000 shall be for activities eligible under the
Puerto Rico Highway Program as described in section
165(b)(2)(C) of title 23, United States Code;
(3) $1,449,000 shall be for activities eligible under the
Territorial Highway Program, as described in section 165(c)(6)
of title 23, United States Code;
(4) $166,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123 of
the FAST Act;
(5) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(6) $15,000,000 shall be for grants for Advanced Digital
Construction Management Systems;
(7) $12,000,0000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section 1441
of the FAST Act;
(8) $5,000,000 shall be for a National Road Network Pilot
Program for the Federal Highway Administration to create a
national level, geo-spatial dataset that uses data already
collected under the Highway Performance Monitoring System; and
(9) $2,000,000 shall be for research that leads to
decreases in highway and pedestrian fatalities among Tribal
populations:
Provided further, That the funds made available under this heading
for activities eligible under section 133(b) of title 23, United States
Code, for the elimination of hazards and the installation of protective
devices at railway-highway crossings, and to provide charging
infrastructure for alternative fuel corridors, shall be suballocated in
the manner described in section 133(d) of such title, except that the
set-aside described in section 133(h) of title 23, United States Code
shall not apply to funds made available under this heading: Provided
further, That the funds made available under this heading in paragraph
(1), shall be administered as if apportioned under chapter 1 of such
title and shall remain available through September 30, 2023: Provided
further, That the funds made available under this heading in paragraph
(1), shall be apportioned to the States in the same ratio as the
obligation limitation for fiscal year 2020 is distributed among the
States in section 120(a)(5) of this Act: Provided further, That,
except as provided in the following proviso, the funds made available
under this heading for activities eligible under the Puerto Rico
Highway Program and activities eligible under the Territorial Highway
Program shall be administered as if allocated under sections 165(b) and
165(c), respectively, of such title and shall remain available through
September 30, 2023: Provided further, That the funds made available
under this heading for activities eligible under the Puerto Rico
Highway Program shall not be subject to the requirements of sections
165(b)(2)(A) or 165(b)(2)(B) of such title: Provided further, That the
funds made available under this heading for the nationally significant
Federal lands and tribal projects program under section 1123 of the
FAST Act shall remain available through September 30, 2023: Provided
further, That the funds made available under this heading in paragraph
(5) for the elimination of hazards and the installation of protective
devices at railway-highway crossings shall be available for projects
eligible under section 22907(c) of title 49, United States Code, for
commuter authorities, as defined in section 24102(2) of title 49,
United States Code, that experienced at least one accident investigated
by the National Transportation Safety Board between January 1, 2008 and
December 31, 2018: Provided further, That amounts provided under this
heading in paragraphs (5), (6), (7), (8), and (9) shall remain
available until expended: Provided further, That funds made available
under this heading for Advanced Digital Construction Management Systems
shall be for competitive grants to State and local governments to
develop and expand the capacity to use and deploy Advanced Digital
Construction Management Systems and the minimum grant amount shall be
$500,000.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2020, the Secretary of Transportation
shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums
authorized to be appropriated for provisions of law
described in paragraphs (1) through (11) of subsection
(b) and sums authorized to be appropriated for section
119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such
fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this
subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned
under title 23, United States Code, to all States for
such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2020, only in an amount equal
to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--Notwithstanding
subsection (a), the Secretary shall, after August 1 of such fiscal
year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal
years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a), the
Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title 23,
United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated
to the States (or will not be apportioned to the States
under section 204 of title 23, United States Code), and
will not be available for obligation, for such fiscal
year because of the imposition of any obligation
limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received by the
Bureau of Transportation Statistics from the sale of data products, for
necessary expenses incurred pursuant to chapter 63 of title 49, United
States Code, may be credited to the Federal-aid highways account for
the purpose of reimbursing the Bureau for such expenses: Provided,
That such funds shall be subject to the obligation limitation for
Federal-aid highway and highway safety construction programs.
Sec. 122. Not less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided, That the Secretary
shall provide an annual report to the House and Senate Committees on
Appropriations on any waivers granted under the Buy America
requirements.
Sec. 123. None of the funds provided in this Act to the Department
of Transportation may be used to provide credit assistance unless not
less than 3 days before any application approval to provide credit
assistance under sections 603 and 604 of title 23, United States Code,
the Secretary of Transportation provides notification in writing to the
following committees: the House and Senate Committees on
Appropriations; the Committee on Environment and Public Works and the
Committee on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House of
Representatives: Provided, That such notification shall include, but
not be limited to, the name of the project sponsor; a description of
the project; whether credit assistance will be provided as a direct
loan, loan guarantee, or line of credit; and the amount of credit
assistance.
Sec. 124. None of the funds in this Act may be used to make a
grant for a project under section 117 of title 23, United States Code,
unless the Secretary, at least 60 days before making a grant under that
section, provides written notification to the House and Senate
Committees on Appropriations of the proposed grant, including an
evaluation and justification for the project and the amount of the
proposed grant award: Provided, That the written notification required
in the previous proviso shall be made no later than 180 days after
enactment of this Act.
Sec. 125. (a) A State or territory, as defined in section 165 of
title 23, United States Code, may use for any project eligible under
section 133(b) of title 23 or section 165 of title 23 and located
within the boundary of the State or territory any earmarked amount, and
any associated obligation limitation: Provided, That the Department of
Transportation for the State or territory for which the earmarked
amount was originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this section
and submits a quarterly report to the Secretary identifying the
projects to which the funding would be applied. Notwithstanding the
original period of availability of funds to be obligated under this
section, such funds and associated obligation limitation shall remain
available for obligation for a period of 3 fiscal years after the
fiscal year in which the Secretary of Transportation is notified. The
Federal share of the cost of a project carried out with funds made
available under this section shall be the same as associated with the
earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent
of the amount made available for obligation as of October 1 of the
current fiscal year, and shall be applied to projects within the same
general geographic area within 5 miles for which the funding was
designated, except that a State or territory may apply such authority
to unexpended balances of funds from projects or activities the State
or territory certifies have been closed and for which payments have
been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter to the
House and Senate Committees on Appropriations.
Sec. 126. The following are repealed:
(1) Section 352 of the National Highway System Designation
Act of 1995 (Public Law 104-59, 109 Stat. 568).
(2) Section 324 of the Department of Transportation and
Related Agencies Appropriations Act, 1986 (Public Law 99-190;
99 Stat. 1288).
(3) Section 325 of the Department of Transportation and
Related Agencies Appropriations Act, 1996 (Public Law 104-50;
109 Stat. 456).
Notwithstanding any other provision of law, tolls collected for motor
vehicles on any bridge connecting the boroughs of Brooklyn, New York,
and Staten Island, New York, shall be collected for any such vehicles
exiting from such bridge in both Staten Island and Brooklyn.
Sec. 127. Section 125(d) of title 23, United States Code, is
amended by striking paragraph (4).
Sec. 128. Until final guidance is published, the Administrator of
the Federal Highway Administration shall make determinations on Buy
America waivers for those waivers that were submitted before April 17,
2018, as if the notice of proposed rulemaking of that date was not in
effect.
Sec. 129. Section 1948 of SAFETEA-LU (Public Law 109-59; 119 Stat.
1514) is repealed.
Sec. 129A. Section 119(e)(5) of title 23, United States Code, is
amended to read as follows:
``(5) Requirement for plan.--
``(A) In general.--Notwithstanding section 120,
beginning on October 1, 2019, and each fiscal year
thereafter, if the Secretary determines that a State
has not developed and implemented a State asset
management plan consistent with this section, the
Federal share payable on account of any project or
activity for which funds are obligated by the State in
that fiscal year under this section shall be 65
percent.
``(B) Determination.--The Secretary shall make the
determination under subparagraph (A) not later than the
day before the beginning of each fiscal year.''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations and
programs pursuant to section 31110 of title 49, United States Code, as
amended by the Fixing America's Surface Transportation Act,
$288,000,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and reimbursements
received by the Federal Motor Carrier Safety Administration, the sum of
which shall remain available until expended: Provided, That funds
available for implementation, execution, or administration of motor
carrier safety operations and programs authorized under title 49,
United States Code, shall not exceed total obligations of $288,000,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2020, of which $9,073,000 to remain available for obligation until
September 30, 2022, is for the research and technology program.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
(including transfer of funds)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $388,800,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $388,800,000 in fiscal
year 2020 for ``Motor Carrier Safety Grants'': Provided further, That
of the sums appropriated under this heading:
(1) $308,700,000 shall be available for the motor carrier
safety assistance program;
(2) $33,200,000 shall be available for the commercial
driver's license program implementation program;
(3) $44,900,000 shall be available for the high priority
activities program; and
(4) $2,000,000 shall be made available for commercial motor
vehicle operators grants, of which $1,000,000 is to be made
available from prior year unobligated contract authority
provided for Motor Carrier Safety grants in the Transportation
Equity Act for the 21st Century (Public Law 105-178), SAFETEA-
LU (Public Law 109-59), or other appropriations or
authorization Acts.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of 49 C.F.R. section 385.308 violations by certified mail,
registered mail, or another manner of delivery, which records the
receipt of the notice by the persons responsible for the violations.
Sec. 131. None of the funds appropriated or otherwise made
available to the Department of Transportation by this Act or any other
Act may be obligated or expended to implement, administer, or enforce
the requirements of section 31137 of title 49, United States Code, or
any regulation issued by the Secretary pursuant to such section, with
respect to the use of electronic logging devices by operators of
commercial motor vehicles, as defined in section 31132(1) of such
title, transporting livestock as defined in section 602 of the
Emergency Livestock Feed Assistance Act of 1988 (7 U.S.C. 1471) or
insects.
Sec. 132. The Federal Motor Carrier Safety Administration shall
update annual inspection regulations under Appendix G to subchapter B
of chapter III of title 49, Code of Federal Regulations, to require
that rear underride guards be inspected annually.
Sec. 133. No funds made available by this or any other Act may be
obligated or expended under the authority in 49 U.S.C. 31141(c) to
review and issue a decision on a petition to preempt State meal and
rest break laws that may differ from those in 49 C.F.R. 395.
Sec. 134. Notwithstanding any restriction under part II of
subtitle B of title V of the FAST Act, not later than 6 months after
enactment of this Act, the Administrator of the Federal Motor Carrier
Safety Administration shall make available on a public website
information regarding analysis of violations developed under the
agency's Compliance, Safety, Accountability program, consistent with
the data that the agency made publicly available immediately before
December 4, 2015.
Sec. 135. None of the funds made available in this Act may be used
to promulgate or enforce a rule that eliminates the 30 minute rest
break specified in part 395 of title 49, Code of Federal Regulations,
as it was in operational effect on May 15, 2019.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code,
$214,073,440, to remain available until September 30, 2021, except that
$40,000,000 shall remain available through September 30, 2022, and no
less than $18,500,000 shall be for research on Automated Driving
Systems, Advanced Driver Assistance Systems, and vehicle electronics
and cybersecurity.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving consumer
responses to safety recalls, section 4011 of the Fixing America's
Surface Transportation Act (Public Law 114-94), and chapter 303 of
title 49, United States Code, $155,300,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and to remain
available until expended: Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2020, are in excess of
$155,300,000: Provided further, That of the sums appropriated under
this heading:
(1) $149,800,000 shall be for programs authorized under 23
U.S.C. 403, including behavioral research on Automated Driving
Systems and Advanced Driver Assistance Systems and improving
consumer responses to safety recalls, and section 4011 of the
Fixing America's Surface Transportation Act (Public Law 114-
94); and
(2) $5,500,000 shall be for the National Driver Register
authorized under chapter 303 of title 49, United States Code:
Provided further, That within the $155,300,000 obligation limitation
for operations and research, $20,000,000 shall remain available until
September 30, 2021, and shall be in addition to the amount of any
limitation imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of
23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America's Surface Transportation Act, to remain available until
expended, $623,017,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none of the
funds in this Act shall be available for the planning or execution of
programs for which the total obligations in fiscal year 2020 are in
excess of $623,017,000 for programs authorized under 23 U.S.C. 402,
404, and 405, and section 4001(a)(6) of the Fixing America's Surface
Transportation Act: Provided further, That of the sums appropriated
under this heading:
(1) $279,800,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402;
(2) $285,900,000 shall be for ``National Priority Safety
Programs'' under 23 U.S.C. 405;
(3) $30,500,000 shall be for the ``High Visibility
Enforcement Program'' under 23 U.S.C. 404; and
(4) $26,817,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That none of these funds shall be used for
construction, rehabilitation, or remodeling costs, or for office
furnishings and fixtures for State, local or private buildings or
structures: Provided further, That not to exceed $500,000 of the funds
made available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as described in
subsection (d) of that section) shall be available for technical
assistance to the States: Provided further, That with respect to the
``Transfers'' provision under 23 U.S.C. 405(a)(8), any amounts
transferred to increase the amounts made available under section 402
shall include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and Senate
Committees on Appropriations of any exercise of the authority granted
under the previous proviso or under 23 U.S.C. 405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall
not apply to obligations for which obligation authority was made
available in previous public laws but only to the extent that the
obligation authority has not lapsed or been used.
Sec. 142. None of the funds made available by this Act may be used
to mandate global positioning system (GPS) tracking in private
passenger motor vehicles without providing full and appropriate
consideration of privacy concerns under 5 U.S.C. chapter 5, subchapter
II.
Sec. 143. In addition to the amounts made available under the
heading, ``Operations and Research (Liquidation of Contract
Authorization) (Limitation on Obligations) (Highway Trust Fund)'' for
carrying out the provisions of section 403 of title 23, United States
Code, $17,000,000, to remain available until September 30, 2021, shall
be made available to the National Highway Traffic Safety Administration
from the general fund: Provided, That of the sums provided under this
provision--
(a) not to exceed $7,000,000 shall be available to provide funding
for grants, pilot program activities, and innovative solutions to
reduce impaired-driving fatalities in collaboration with eligible
entities under section 403 of title 23, United States Code; and
(b) not to exceed $10,000,000 shall be available to continue a high
visibility enforcement paid-media campaign regarding highway-rail grade
crossing safety in collaboration with the Federal Railroad
Administration.
Sec. 144. An additional $500,000 shall be made available to the
National Highway Traffic Safety Administration for a study to identify
and examine child-specific safety considerations in vehicles equipped
with Automated Driving Systems, particularly those that can be operated
bi-directionally and offer unconventional seating. The study should
also incorporate safety considerations for child restraint system (CRS)
installation and promoting CRS usage for ride-share programs, and the
risks associated with unattended child passengers in Automated Driving
Systems-equipped vehicles. Upon completion of this study, the National
Highway Traffic Safety Administration shall submit to the House and
Senate Committees on Appropriations a report containing its findings,
including detailing how the agency is coordinating with manufacturers
to ensure children are protected in vehicles equipped with Automated
Driving Systems.
Sec. 145. None of the funds appropriated or otherwise made
available in this Act or any other Act may be used to finalize or
enforce a proposed rule published by the National Highway Traffic
Safety Administration and the Environmental Protection Agency on August
2, 2018, entitled ``The Safer Affordable Fuel-Efficient Vehicles Rule''
or any other successor rule.
Sec. 146. None of the funds in this Act or any other Act shall be
used to enforce the requirements of 23 U.S.C. 405(a)(9).
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $226,698,000, of which $20,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$41,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary 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), as amended, such authority shall exist as long as any such
direct loan or loan guarantee is outstanding.
federal-state partnership for state of good repair
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911 of title 49,
United States Code, $350,000,000, to remain available until expended:
Provided, That the Secretary may withhold up to one percent of the
amount provided under this heading for the costs of award and project
management oversight of grants carried out under section 24911 of title
49, United States Code: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity for funds provided under this
heading consistent with section 24911 of title 49, United States Code,
no later than 30 days after enactment of this Act: Provided further,
That the Secretary shall review all applications received in response
to the Notice of Funding Opportunity required in the previous proviso:
Provided further, That the Secretary shall announce the selection of
projects to receive awards for the funds described in the previous two
provisos no later than 180 days after enactment of this Act.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 22907 of title
49, United States Code, $350,000,000, to remain available until
expended: Provided, That of the sums appropriated under this heading--
(1) $40,000,000 shall be available for projects eligible
under section 22907(c)(5) of title 49, United States Code, for
projects for commuter authorities, as defined as section
24102(2) of title 49, United States Code, that experienced at
least one accident investigated by the National Transportation
Safety Board between January 1, 2008, and December 31, 2018;
and
(2) $55,000,000 shall be available for projects eligible
under section 22907(c)(2) of title 49, United States Code, that
require the acquisition of rights-of-way, track, or track
structure to support the development of new intercity passenger
rail service routes:
Provided further, That section 22905(f) of title 49, United States
Code, shall not apply to projects for commuter authorities in the first
proviso: Provided further, That section 22905(f) of title 49, United
States Code, shall not apply to projects for the implementation of
positive train control systems otherwise eligible under section
22907(c)(1) of title 49, United States Code: Provided further, That
amounts available under this heading for projects selected for commuter
rail passenger transportation may be transferred by the Secretary,
after selection, to the appropriate agencies to be administered in
accordance with chapter 53 of title 49, United States Code: Provided
further, That for amounts available under this heading eligible
recipients under section 22907(b) of title 49, United States Code,
shall include any non-profit association representing Class II
railroads and Class III railroads (as those terms are defined in
section 20102 of title 49, United States Code) and any holding company
of a Class II railroad or Class III railroad (as those terms are
defined in section 20102 of title 49, United States Code): Provided
further, That the Secretary shall not limit eligible projects from
consideration for funding for planning, engineering, environmental,
construction, and design elements of the same project in the same
application: Provided further, That unobligated balances remaining
after 4 years from the date of enactment may be used for any eligible
project under section 22907(c) of title 49, United States Code:
Provided further, That the Secretary may withhold up to one percent of
the amount provided under this heading for the costs of award and
project management oversight of grants carried out under section 22907
of title 49, United States Code: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity for funds provided under
this heading no later than 30 days after enactment of this Act:
Provided further, That such Notice of Funding Opportunity shall require
application submissions 60 days after the publishing of such Notice:
Provided further, That the Secretary shall announce the selection of
projects to receive awards for the funds in the previous two provisos
no later than 180 days after enactment of this Act.
magnetic levitation technology deployment program
For necessary expenses related to the deployment of magnetic
levitation transportation projects, consistent with language in 1307(a)
through (c) of Public Law 109-59, as amended by section 102 of Public
Law 110-244 (section 322 of title 23, United States Code), $10,000,000,
to remain available until expended.
northeast corridor grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$700,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the ``National Network Grants to the
National Railroad Passenger Corporation'' heading to fund the costs of
project management and oversight of activities authorized by section
11101(c) of division A of Public Law 114-94: Provided further, That in
addition to the project management oversight funds authorized under
section 11101(c) of division A of Public Law 114-94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under this
heading to fund expenses associated with the Northeast Corridor
Commission established under section 24905 of title 49, United States
Code: Provided further, That of the amounts made available under this
heading and the ``National Network Grants to the National Railroad
Passenger Corporation'' heading, not less than $50,000,000 shall be
made available to bring Amtrak-served facilities and stations into
compliance with the Americans with Disabilities Act.
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,291,600,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under section 24712 of title 49,
United States Code.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: Provided, That the President
of Amtrak may waive the cap set in the previous proviso for specific
employees when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system: Provided
further, That the President of Amtrak shall report to the House and
Senate Committees on Appropriations within 60 days of enactment of this
Act, a summary of all overtime payments incurred by the Corporation for
2019 and the three prior calendar years: Provided further, That such
summary shall include the total number of employees that received
waivers and the total overtime payments the Corporation paid to those
employees receiving waivers for each month for 2019 and for the three
prior calendar years.
Sec. 151. None of the funds provided to the National Railroad
Passenger Corporation under the headings ``Northeast Corridor Grants to
the National Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'' may be used to
reduce the size of the Amtrak Police Department below the staffing
level on May 1, 2019.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $117,000,000, of which $15,000,000 shall remain available
until September 30, 2021, and up to $1,000,000 shall be available to
carry out the provisions of section 5326 of such title: Provided, That
upon submission to the Congress of the fiscal year 2021 President's
budget, the Secretary of Transportation shall transmit to Congress the
annual report on Capital Investment Grants, including proposed
allocations for fiscal year 2021.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act,
section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $10,800,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for
the implementation or execution of programs authorized under 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
and 5340, as amended by the Fixing America's Surface Transportation
Act, section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, shall not exceed total
obligations of $10,150,348,462 in fiscal year 2020: Provided further,
That the Federal share of the cost of activities carried out under 49
U.S.C. section 5312 shall not exceed 80 percent, except that if there
is substantial public interest or benefit, the Secretary may approve a
greater Federal share: Provided further, That in addition to the
amounts appropriated for purposes of 49 U.S.C 5338(e), not less than 2
percent of the funds appropriated or available for the purposes of 49
U.S.C 5338(f) shall be available for the purposes of 49 U.S.C. 5338(e).
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, state of good repair
grants under section 5337 of such title, the bus testing facilities
under sections 5312 and 5318 of such title, and for grants to areas of
persistent poverty, $750,000,000, to remain available until expended:
Provided, That of the sums provided under this heading:
(1) $389,000,000 shall be available for the buses and bus
facilities competitive grants as authorized under section
5339(b) of such title: Provided further, That the minimum
grant award shall be not less than $1,000,000;
(2) $94,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of such
title; Provided further, That the minimum grant award shall be
not less than $1,500,000;
(3) $250,000,000 shall be available for the state of good
repair grants as authorized under section 5337 of such title;
(4) $1,000,000 shall be available for the bus testing
facility as authorized under section 5318 of such title;
(5) Notwithstanding section 5318(a) of such title,
$6,000,000 shall be available for the operation and maintenance
of bus testing facilities by institutions of higher education
selected pursuant to section 5312(h); and
(6) $10,000,000 shall be available for competitive grants
to eligible entities to assist areas of persistent poverty:
Provided further, That the Secretary shall enter into a contract or
cooperative agreement with, or make a grant to, each institution of
higher education selected pursuant to section 5312(h) of such title, to
operate and maintain a facility to conduct the testing of low or no
emission vehicle new bus models using the standards established
pursuant to section 5318(e)(2) of such title: Provided further, That
the term ``low or no emission vehicle'' has the meaning given the term
in section 5312(e)(6) of such title: Provided further, That the
Secretary shall pay 80 percent of the cost of testing a low or no
emission vehicle new bus model at each selected institution of higher
education: Provided further, That the entity having the vehicle tested
shall pay 20 percent of the cost of testing: Provided further, That a
low or no emission vehicle new bus model tested that receives a passing
aggregate test score in accordance with the standards established under
section 5318(e)(2) of such title, shall be deemed to be in compliance
with the requirements of section 5318(e) of such title: Provided
further, That areas of persistent poverty means any county that has
consistently had 20 percent or more of the population living in poverty
over the 30 years preceding the date of enactment of this Act, as
measured by the 1990 and 2000 decennial census and the most recent
Small Area Income and Poverty Estimates, or any census tract with a
poverty rate of at least 20 percent as measured by the 2013-2017 five-
year data series available from the American Community Survey of the
Census Bureau: Provided further, That grants shall be for planning,
engineering, or development of technical, or financing plans for
projects eligible under chapter 53 of title 49, United States Code:
Provided further, That eligible entities are those defined as eligible
recipients or subrecipients under sections 5307, 5310 or 5311 of title
49 United States Code, and are in areas of persistent poverty:
Provided further, That the Federal Transit Administration should
complete outreach to such counties and the Departments of
Transportation within applicable States via personal contact, webinars,
web materials and other appropriate methods determined by the
Administrator: Provided further, That State departments of
transportation may apply on behalf of eligible entities within their
States: Provided further, That the Federal Transit Administration
should encourage grantees to work with non-profits or other entities of
their choosing in order to develop planning, technical, engineering, or
financing plans: Provided further, That the Federal Transit
Administration should encourage grantees to partner with non-profits
that can assist with making projects low or no emissions: Provided
further, That projects funded as a result of activities funded under
this heading shall be for not less than 90 percent of the net total
project cost: Provided further, That amounts made available by this
heading shall be derived from the general fund: Provided further, That
the amounts made available under this heading shall not be subject to
any limitation on obligations for transit programs set forth in any
Act.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000, to
remain available until September 30, 2021, of which not less than
$2,500,000 shall be for a cooperative agreement through which the
Federal Transit Administration assists transit recipients with
frontline workforce development and standards based training in
maintenance and operations through an agreement with a national
nonprofit organization with a demonstrated capacity to develop and
provide such programs though labor management partnerships and
apprenticeships: Provided, That the assistance provided under this
heading does not duplicate the activities of 49 U.S.C. 5311(b) or 49
U.S.C. 5312.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
and section 3005(b) of the Fixing America's Surface Transportation Act,
$2,301,785,760, to remain available until September 30, 2024:
Provided, That of the amounts made available under this heading,
$1,841,428,608 shall be obligated by December 31, 2021, but shall
remain available until September 30, 2024, as specified under this
heading: Provided further, That of the amounts made available under
this heading:
(1) $795,290,221 shall be available for fixed guideway
projects that have executed full funding grant agreements,
authorized under subsection (d) of section 5309;
(2) $702,709,779 shall be available for new projects
authorized under 5309(d) of title 49, United States Code;
(3) $300,000,000 shall be available for projects authorized
under section 5309(e) of title 49, United States Code;
(4) $430,768,910 shall be available for projects authorized
under section 5309(h) of title 49, United States Code; and
(5) $50,000,000 shall be available for projects authorized
under section 3005(b) of the Fixing America's Surface
Transportation Act:
Provided further, That the Secretary shall continue to administer the
capital investment grants program in accordance with the procedural and
substantive requirements of section 5309 of title 49, United States
Code, and to administer the Expedited Delivery Pilot Program with the
procedural and substantive requirements of section 3005(b) of the
Fixing America's Surface Transportation Act: Provided further, That
any funds remaining from the $1,841,428,608 that are required to be
obligated by the first proviso under this heading and that remain
available on December 31, 2021 shall be reallocated to applicants with
projects in Engineering on that date, as defined by 49 U.S.C.
5309(d)(2) and (e)(2) for activities eligible under 49 U.S.C. 5309(b),
and upon reallocation shall be available for immediate obligation:
Provided further, That each applicant's share of such funds shall be
distributed to the projects in Engineering based on the individual
project's requested Capital Investment Grant amount as a percentage of
the total Capital Investment Grant funds requested by the group of
projects in Engineering under subsections (d)(2) and (e)(2) of 49
United States Code 5309 on December 31, 2021: Provided further, That
not later than 90 days after enactment of this Act, the Federal Transit
Administration shall provide the House and Senate Committees on
Appropriations a list of projects to which the agency expects to award
a full-funding grant agreement in fiscal year 2020, and upon submission
of the fiscal year 2021 budget, the Federal Transit Administration
shall provide such information for 2021.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan
Area Transit Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to approving such
grants, the Secretary shall certify that the Washington Metropolitan
Area Transit Authority is making progress to improve its safety
management system in response to the Federal Transit Administration's
2015 safety management inspection: Provided further, That the
Secretary shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those investments that
will improve the safety of the system before approving such grants:
Provided further, That the Secretary, in order to ensure safety
throughout the rail system, may waive the requirements of section
601(e)(1) of division B of Public Law 110-432.
administrative provisions--federal transit administration
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under
49 U.S.C. 5338, previously made available for obligation, or to any
other authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed Guideway
Capital Investment'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act
not obligated by September 30, 2024, and other recoveries, shall be
directed to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any funds
appropriated before October 1, 2018, under any section of chapter 53 of
title 49, United States Code, that remain available for expenditure,
may be transferred to and administered under the most recent
appropriation heading for any such section.
Sec. 163. In the first proviso under the title ``Capital
Investment Grants'' in the Consolidated Appropriations Act of 2018,
Public Law 115-141, strike, ``December 31, 2019'' and insert,
``September 30, 2020''.
Sec. 164. No funds in this or any other Act shall be used:
(a) to adjust apportionments or withhold funds from apportionments
pursuant to 26 U.S.C. 9503(e)(4);
(b) to request or require any project to have a maximum Capital
Investment Grant contribution lower than 50 percent of the total
project cost;
(c) to determine a maximum Capital Investment Grant contribution
for projects defined under 49 U.S.C. 5309(a)(2) or 49 U.S.C. 5309
(a)(5) until at least 180 days after a project has entered into the
Engineering phase; and
(d) by the Federal Transit Administration when making a
determination about whether a project sponsor's cost estimate is
reasonable, to require a probability higher than 50 percent that a
project can be completed within that cost estimate: Provided, That
this proviso only applies to those applications that are in the
``project development'' phase as defined under subsections (d)(1),
(e)(1), or (h)(2) of 49 U.S.C. 5309, or the ``Engineering'' phase as
defined under subsections (d)(2) or (e)(2) of 49 U.S.C. 5309 on the
date of enactment of this Act.
Sec. 165. An eligible recipient of a grant under 5339(c) may
submit an application in partnership with other entities, including a
transit vehicle manufacturer, that intend to participate in the
implementation of a project under 5339(c) of title 49, United States
Code and a project awarded with such partnership shall be treated as
satisfying the requirement for a competitive procurement under Section
5325(a) of title 49, United States Code, for the named entity.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of funds and
borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as amended, as may be necessary in carrying
out the programs set forth in the Corporation's budget for the current
fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities on those portions of the Saint
Lawrence Seaway owned, operated, and maintained by the Saint Lawrence
Seaway Development Corporation, $40,000,000, to be derived from the
Harbor Maintenance Trust Fund, pursuant to Public Law 99-662:
Provided, That of the amounts made available under this heading, not
less than $16,000,000 shall be used on capital asset renewal
activities.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $300,000,000, to remain available until expended.
operations and training
(including transfer of funds)
For necessary expenses of operations and training activities
authorized by law, $154,442,000: Provided, That of the sums
appropriated under this heading --
(1) $77,944,000 shall remain available until September 30,
2021 for the operations of the United States Merchant Marine
Academy;
(2) $5,225,000 shall remain available until expended for
the maintenance and repair, equipment, and capital improvements
at the United States Merchant Marine Academy;
(3) $3,000,000 shall remain available until September 30,
2021 for the Maritime Environment and Technology Assistance
program authorized under section 50307 of title 46, United
States Code; and
(4) $15,000,000, shall remain available until expended for
the Short Sea Transportation Program (America's Marine
Highways) to make grants for the purposes authorized under
sections 55601(b)(1) and (3) of title 46, United States Code:
Provided further, That not later than 120 days after enactment of
this Act, the Administrator of the Maritime Administration shall
transmit to the House and Senate Committees on Appropriations the
annual report on sexual assault and sexual harassment at the United
States Merchant Marine Academy as required pursuant to section 3507 of
Public Law 110-417: Provided further, That available balances under
this heading for the Short Sea Transportation Program (America's Marine
Highways) from prior year recoveries shall be available to carry out
activities authorized under sections 55601(b)(1) and (3) of title 46,
United States Code: Provided further, That from funds provided under
(3) and (4) of the first proviso, the Secretary of Transportation shall
make grants no later than 180 days after enactment of this Act in such
amounts as the Secretary determines: Provided further, That any
unobligated balances available from previous appropriations for
programs and activities supporting State Maritime Academies shall be
transferred to and merged with the appropriations for ``Maritime
Administration, State Maritime Academy Operations'' and shall be made
available for the same purposes.
state maritime academy operations
For necessary expenses of operations, support and training
activities for State Maritime Academies, $345,200,000: Provided, That
of the sums appropriated under this heading --
(1) $33,000,000, to remain available until expended, shall
be for maintenance, repair, life extension, and capacity
improvement of National Defense Reserve Fleet training ships in
support of State Maritime Academies, of which up to $8,060,000,
to remain available until expended, shall be for expenses
related to training mariners for costs associated with training
vessel sharing pursuant to 46 U.S.C. 51504(g)(3) for costs
associated with mobilizing, operating and demobilizing the
vessel, including travel costs for students, faculty and crew,
the costs of the general agent, crew costs, fuel, insurance,
operational fees, and vessel hire costs, as determined by the
Secretary;
(2) $300,000,000, to remain available until expended, shall
be for the National Security Multi-Mission Vessel Program,
including funds for construction, planning, administration, and
design of school ships;
(3) $2,400,000 shall remain available through September 30,
2021, for the Student Incentive Program;
(4) $3,800,000 shall remain available until expended for
training ship fuel assistance; and
(5) $6,000,000 shall remain available until September 30,
2021, for direct payments for State Maritime Academies.
assistance to small shipyards
To make grants to qualified shipyards as authorized under section
54101 of title 46, United States Code, as amended by Public Law 113-
281, $20,000,000, to remain available until expended.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$5,000,000, to remain available until expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
port infrastructure development program
To make grants to improve port facilities as authorized under
section 50302 of title 46, United States Code, $225,000,000 to remain
available until expended: Provided, That projects eligible for funding
provided under this heading shall be projects for coastal seaports or
Great Lakes ports: Provided further, That the Maritime Administration
shall distribute funds provided under this heading as discretionary
grants to port authorities or commissions or their subdivisions and
agents under existing authority, as well as to a State or political
subdivision of a State or local government, a tribal government, a
public agency or publicly chartered authority established by one or
more States, a special purpose district with a transportation function,
a multistate or multijurisdictional group of entities, or a lead entity
described above jointly with a private entity or group of private
entities: Provided further, That projects eligible for funding
provided under this heading shall be either within the boundary of a
port, or outside the boundary of a port, and directly related to port
operations or to an intermodal connection to a port that will improve
the safety, efficiency, or reliability of the movement of goods into,
out of, around, or within a port, as well as the unloading and loading
of cargo at a port: Provided further, That the Federal share of the
costs for which an expenditure is made under this heading shall be up
to 80 percent: Provided further, That not to exceed 2 percent of the
funds appropriated under this heading shall be available for necessary
costs of grant administration: Provided further, That the proceeds of
Federal credit assistance under chapter 6 of title 23, United States
Code or sections 501 through 504 of the Railroad and Revitalization and
Regulatory Reform Act of 1976 (Public Law 94-210), as amended, shall be
considered to be part of the non-Federal share of project costs if the
loan is repayable from non-Federal funds, unless otherwise requested by
the project sponsor: Provided further, That a grant award made under
this heading may not be used to purchase fully-automated cargo handling
equipment or to otherwise facilitate fully-automated cargo handling:
Provided further, That for the purposes of the previous proviso, fully-
automated cargo handling means using equipment that is remotely
operated or remotely monitored with or without the exercise of human
intervention or control.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act, in
addition to any existing authority, the Maritime Administration is
authorized to furnish utilities and services and make necessary repairs
in connection with any lease, contract, or occupancy involving
Government property under control of the Maritime Administration:
Provided, That payments received therefor shall be credited to the
appropriation charged with the cost thereof and shall remain available
until expended: Provided further, That rental payments under any such
lease, contract, or occupancy for items other than such utilities,
services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $23,710,000, of which $1,500,000 shall
remain available until September 30, 2022: Provided, That the
Secretary of Transportation shall issue final rules as required under
section 5(f), section 21(c), and section 23(a) of the Pipeline Safety,
Regulatory Certainty, and Job Creation Act of 2011 (Public Law 112-90)
no later than 180 days after enactment of this Act: Provided further,
That no later than 90 days after enactment of this Act, the Secretary
of Transportation shall initiate a rulemaking on automatic and remote-
controlled shut-off valves and hazardous liquid pipeline facilities
leak detection systems as required under section 4 and section 8 of the
Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011
(Public Law 112-90), respectively, and shall issue a final rule no
later than one year after enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $61,000,000, to remain available until September 30,
2022: Provided, That up to $800,000 in fees collected under 49 U.S.C.
5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: 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 private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety program, as
authorized by 49 U.S.C. 60107, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990, $168,000,000, to
remain available until September 30, 2022, of which $23,000,000 shall
be derived from the Oil Spill Liability Trust Fund; of which
$137,000,000 shall be derived from the Pipeline Safety Fund; and of
which $8,000,000 shall be derived from fees collected under 49 U.S.C.
60302 and deposited in the Underground Natural Gas Storage Facility
Safety Account for the purpose of carrying out 49 U.S.C. 60141:
Provided, That not less than $1,058,000 of the funds provided under
this heading shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
For expenses necessary to carry out the Emergency Preparedness
Grants program, not more than $28,318,000 shall remain available until
September 30, 2022, from amounts made available by 49 U.S.C. 5116(h),
and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current
year obligation limitation, prior year recoveries recognized in the
current year shall be available to develop a hazardous materials
response training curriculum for emergency responders, including
response activities for the transportation of crude oil, ethanol and
other flammable liquids by rail, consistent with National Fire
Protection Association standards, and to make such training available
through an electronic format: Provided further, That the prior year
recoveries made available under this heading shall also be available to
carry out 49 U.S.C. 5116(a)(1)(C), 5116(h), 5116(i), and 5107(e).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $96,700,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department
business; and uniforms or allowances therefor, as authorized by law (5
U.S.C. 5901-5902).
(b) During the current fiscal year, applicable appropriations to
the Department and its operating administrations shall be available for
the purchase, maintenance, operation, and deployment of unmanned
aircraft systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
Sec. 182. (a) No recipient of funds made available in this Act
shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection
with a motor vehicle record as defined in 18 U.S.C. 2725(1), except as
provided in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not
withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 183. (a) None of the funds appropriated by this Act may be
made available for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation: Provided,
That none of the personnel covered by this provision may be assigned on
temporary detail outside the Department of Transportation.
(b) The limitation in subsection (a) shall increase to 125
political and Presidential appointees beginning on the date on which
the Secretary announces the selection of projects to receive awards for
each of the following competitive grants, with respect to funds made
available for fiscal year 2019 for such grants:
(1) Capital investment grants as authorized and as funded
under the heading ``Office of the Secretary--National
Infrastructure Investments'' by Public Law 116-6;
(2) Grants-In-Aid for Airports as authorized by subchapter
1 of chapter 471 and subchapter 1 of chapter 475 of title 49,
United States Code, and as funded under the heading ``Federal
Aviation Administration--Grants-in-Aid for Airports'' by Public
Law 116-6;
(3) Federal-State Partnership for State of Good Repair
Grants, as authorized by section 24911 of title 49, United
States Code, and as funded under the heading ``Federal Railroad
Administration--Federal-State Partnership for State of Good
Repair'' by Public Law 116-6;
(4) Consolidated Rail Infrastructure and Safety
Improvements Grants, as authorized by section 22907 of title
49, United States Code, and as funded under the heading
``Federal Railroad Administration--Consolidated Rail
Infrastructure and Safety Improvements'' by Public Law 116-6;
(5) Restoration and Enhancement Grants, as authorized by
section 22908 of title 49, United States Code, and as funded
under the heading ``Federal Railroad Administration--
Restoration and Enhancement'' by Public Law 116-6;
(6) Magnetic levitation transportation projects consistent
with section 322 of title 23, United States Code, and as funded
under the heading ``Federal Railroad Administration--Magnetic
Levitation Technology Deployment Program'' by Public Law 116-6;
(7) Buses and bus facilities competitive grants as
authorized under section 5339(b) of title 49, United States
Code, and as funded under the heading ``Federal Transit
Administration--Transit Infrastructure Grants'' by Public Law
116-6;
(8) Low or no emission grants, as authorized under section
5339(c) of title 49, United States Code, and as funded under
the heading ``Federal Transit Administration--Transit
Infrastructure Grants'' by Public Law 116-6;
(9) Grants to qualified shipyards, as authorized under
section 54101 of title 46, United States Code, and as funded
under the heading ``Maritime Administration--Assistance to
Small Shipyards'' by Public Law 116-6; and
(10) Grants to improve port facilities, as authorized under
section 50302 of title 46, United States Code, and as funded
under the heading ``Maritime Administration--Port
Infrastructure Development Program'' by Public Law 116-6.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant unless the Secretary
of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by the
Department or its modal administrations: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, cooperative agreement or discretionary grant unless the
Secretary of Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, cooperative agreement or discretionary grants that
will be announced not less the 3 full business days before such
announcement: Provided, That the requirement to provide a list in this
subsection does not apply to any ``quick release'' of funds from the
emergency relief program: Provided further, That no list shall involve
funds that are not available for obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations
of the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 187. Amounts made available in this or any prior Act that the
Secretary determines represent improper payments by the Department of
Transportation to a third-party contractor under a financial assistance
award, which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments:
Provided, That amounts made available in this Act shall be
available until expended; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002, as amended by
the Improper Payments Elimination and Recovery Act of 2010 and
Improper Payments Elimination and Recovery Improvement Act of
2012, and Fraud Reduction and Data Analytics Act of 2015:
Provided, That amounts in excess of that required for
paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and
period for which such appropriations are available:
Provided further, That where specific project or
accounting information associated with the improper
payment or payments is not readily available, the
Secretary may credit an appropriate account, which
shall be available for the purposes and period
associated with the account so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
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 ``improper payments'' has the same
meaning as that provided in section 2(e)(2) of Public
Law 111-204.
Sec. 188. Notwithstanding any other provision of law, if any funds
provided in or limited by this Act are subject to a reprogramming
action that requires notice to be provided to the House and Senate
Committees on Appropriations, transmission of said reprogramming notice
shall be provided solely to the House and Senate Committees on
Appropriations, and said reprogramming action shall be approved or
denied solely by the House and Senate 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 reprogramming but not sooner than
30 days following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on
Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for
the costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are purchased
to provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, or to amend a rule,
regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(a) that except with respect to apprentices or trainees, a pool of
readily available but unemployed individuals possessing the knowledge,
skill, and ability to perform the work that the contract requires
resides in the jurisdiction;
(b) that the grant recipient will include appropriate provisions in
its bid document ensuring that the contractor does not displace any of
its existing employees in order to satisfy such hiring preference; and
(c) that any increase in the cost of labor, training, or delays
resulting from the use of such hiring preference does not delay or
displace any transportation project in the applicable Statewide
Transportation Improvement Program or Transportation Improvement
Program.
Sec. 192. (a) None of the funds appropriated or otherwise made
available by this Act may be used to terminate a grant or cooperative
agreement with the California High Speed Rail Authority, de-obligate
funding associated with a grant or cooperative agreement with the
California High Speed Rail Authority, or require the State of
California or the California High Speed Rail Authority to repay funding
previously obligated and expended.
(b) Subsection (a) shall apply to Cooperative Agreement No. FR-HSR-
0009-10-01-06 and any other grant or cooperative agreement with the
California High Speed Rail Authority in effect on or after enactment of
this Act.
(c) Notwithstanding the Department of Transportation Appropriations
Act, 2010 (Public Law 111-117), de-obligated funds associated with
Cooperative Agreement No. FR-HSR-0118-12-01-01--
(1) may not be made available for any purpose until the
final determination of any litigation concerning those funds;
and
(2) upon the final determination of any such litigation,
shall be made available only for high-speed rail projects under
section 26106 of title 49, United States Code, in accordance
with such section, except the Secretary of Transportation
shall--
(A) issue a Notice of Funding Opportunity for such
grants no later than 30 days after the final
determination of such litigation;
(B) require that such Notice of Funding Opportunity
shall require application submissions no later than 30
days after the issuance of such Notice;
(C) award grants no later than 60 days after the
issuance of such Notice; and
(D) require applicants to provide the Secretary
with completed documentation with respect to any
required environmental impact statements within the
application for a grant.
Sec. 193. Section 603(b) of title 23, United States Code, is
amended by striking paragraph (8) and inserting the following:
``(8) Non-federal share.--Notwithstanding paragraph
(9) and section 117(j)(2), the proceeds of a secured
loan under the TIFIA program shall be considered to be
part of the non-Federal share of project costs required
under this title or chapter 53 of title 49, if the loan
is repayable from non-Federal funds.''.
Sec. 194. Section 502(b)(3) of the Railroad Revitalization and
Regulatory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is amended by
striking ``only during the 4-year period beginning on the date of
enactment of the Passenger Rail Reform and Investment Act of 2015'' and
inserting ``until September 30, 2020''.
Sec. 195. (a) None of the funds appropriated by this title may be
made available to issue grants to entities that do not comply with
practices for control system procurement recommended by the U.S.
Department of Homeland Security's National Cybersecurity and
Communications Integration Center.
(b) The Secretary of Transportation may waive the requirement to
comply with the practices described in subsection (a) if the Secretary
finds that:
(1) requiring compliance would be inconsistent with the
public interest; and
(2) the Secretary notifies the House and Senate Committees
on Appropriations no less than 3 days before issuing a waiver
under this subsection.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2020''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,788,000, to
remain available until September 30, 2021, and of which $4,557,000 is
for the Office of the Secretary and $2,192,000 is for the Office of
Congressional and Intergovernmental Relations: Provided, That not to
exceed $20,000 of the total amount made available under this heading
shall be available to the Secretary for official reception and
representation expenses as the Secretary may determine: Provided
further, That none of the funds made available in this title or title
II of division G of Public Law 116-6 may be reprogrammed or otherwise
used to increase the appropriation provided by this title for the
Office of the Secretary or the Office of Congressional and
Intergovernmental Relations: Provided further, That none of the funds
made available by this or any other Act may be used to detail any
individual to the Office of the Secretary or the Office of
Congressional and Intergovernmental Relations: Provided further, That
none of the funds made available by this Act may be used to pay the
salary of any individual occupying a political position in the Office
of Budget: Provided further, That for the purposes of the previous
proviso, the term ``political position'' means the following: a
position described under sections 5312 through 5316 of title 5, United
States Code (relating to the Executive Schedule); a noncareer
appointment in the Senior Executive Service, as defined under paragraph
(7) of section 3132(a) of such title; a position in the executive
branch of the Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title 5, Code of
Federal Regulations; or any other position that has been excepted from
the competitive service by reason of its confidential, policy-
determining, policy-making, or policy-advocating character.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $521,500,000, to remain available until September 30, 2021:
Provided, That of the sums appropriated under this heading --
(1) not to exceed $52,691,000 shall be for the Office of
the Chief Financial Officer;
(2) not to exceed $95,890,000 shall be for the Office of
the General Counsel, of which not less than $20,000,000 shall
be for the Departmental Enforcement Center;
(3) not to exceed $54,000,000 shall be for the Office of
Field Policy and Management;
(4) not to exceed $3,900,000 shall be for the Office of
Departmental Equal Employment Opportunity;
(5) not less than $55,019,000 shall be for the Office of
the Chief Information Officer; and
(6) not to exceed $260,000,000 shall be for the Assistant
Secretary for Administration:
Provided further, That funds provided under this heading may be used
for hire of passenger motor vehicles and services as authorized by 5
U.S.C. 3109: Provided further, That the Secretary shall provide the
House and Senate Committees on Appropriations quarterly written
notification regarding the status of pending congressional reports:
Provided further, That the Secretary shall provide in electronic form
all signed reports required by Congress: Provided further, That not
more than 10 percent of the funds made available under this heading for
the Office of Chief Financial Officer for the financial transformation
initiative may be obligated until the Secretary submits to the House
and Senate Committees on Appropriations, for approval, a plan for
expenditure that includes the financial and internal control
capabilities to be delivered and the mission benefits to be realized,
key milestones to be met, and the relationship between the proposed use
of funds made available under this heading and the projected total cost
and scope of the initiative.
program office salaries and expenses
For necessary salaries and expenses for Program Offices,
$849,144,000, to remain available until September 30, 2021: Provided,
the amounts made available under this heading are provided as follows:
(1) not to exceed $230,000,000 shall be available for the
Office of Public and Indian Housing, of which $10,200,000 is
for (a) the Secretary of Housing and Urban Development for
carrying out any authorities of such Secretary under chapter 11
of subtitle B of the Violence Against Women Act of 1994 (34
U.S.C. 12351) and subtitle N of such Act (34 U.S.C. 12471 et
seq.); (b) public housing inspections and assessments as
referred in paragraph (2) of the heading ``Public Housing
Capital Fund'' in this title; and (c) public housing
inspections, monitoring and oversight of activities, and other
assistance authorized under title I of the Native American
Housing Assistance and Self-Determination Act of 1996 (NAHASDA)
(25 U.S.C. 4111 et seq.), title I of the Housing and Community
Development Act of 1974 with respect to Indian tribes (42
U.S.C. 5306(a)(1)), section 184 of the Housing and Community
Development Act of 1992 (12 U.S.C. 1715z-13a), and Tribal HUD-
VASH program;
(2) not to exceed $117,000,000 shall be available for the
Office of Community Planning and Development, of which
$4,656,000 shall be for permanent positions for a disaster
recovery workforce;
(3) not to exceed $386,144,000 shall be available for the
Office of Housing, of which not less than $12,000,000 shall be
for the Office of Recapitalization;
(4) not to exceed $26,000,000 shall be available for the
Office of Policy Development and Research;
(5) not to exceed $80,000,000 shall be available for the
Office of Fair Housing and Equal Opportunity; and
(6) not to exceed $10,000,000 shall be available for the
Office of Lead Hazard Control and Healthy Homes:
Provided further, That the unobligated balances of prior year
appropriations made available under each of the accounts ``Public and
Indian Housing'', ``Community Planning and Development'', ``Housing'',
``Policy Development and Research'', ``Fair Housing and Equal
Opportunity'', and ``Office of Lead Hazard Control and Healthy Homes''
under the heading ``Department of Housing and Urban Development--
Program Office Salaries and Expenses'' shall be transferred to, and
merged with, the amounts reserved for the Office of Public and Indian
Housing, the Office of Community Planning and Development, the Office
of Housing, the Office of Policy Development and Research, the Office
of Fair Housing and Equal Opportunity, and the Office of Lead Hazard
Control and Healthy Homes, respectively, under the heading ``Department
of Housing and Urban Development--Program Office Salaries and
Expenses'' in this title.
working capital fund
(including transfer of funds)
For the working capital fund for the Department of Housing and
Urban Development (referred to in this paragraph as the ``Fund''),
pursuant, in part, to section 7(f) of the Department of Housing and
Urban Development Act (42 U.S.C. 3535(f)), amounts transferred,
including reimbursements pursuant to section 7(f), to the Fund under
this heading shall be available for Federal shared services used by
offices and agencies of the Department, and for such portion of any
office or agency's printing, records management, space renovation,
furniture, or supply services as the Secretary determines shall be
derived from centralized sources made available by the Department to
all offices and agencies and funded through the Fund: Provided, That
of the amounts made available in this title for salaries and expenses
under the headings ``Executive Offices'', ``Administrative Support
Offices'', ``Program Office Salaries and Expenses'', and ``Government
National Mortgage Association'', the Secretary shall transfer to the
Fund such amounts, to remain available until expended, as are necessary
to fund services, specified in the matter preceding the first proviso,
for which the appropriation would otherwise have been available, and
may transfer not to exceed an additional $5,000,000, in aggregate, from
all such appropriations, to be merged with the Fund and to remain
available until expended for any purpose under this heading: Provided
further, That amounts in the Fund shall be the only amounts available
to each office or agency of the Department for the services, or portion
of services, specified in the matter preceding the first proviso:
Provided further, That with respect to the Fund, the authorities and
conditions under this heading shall supplement the authorities and
conditions provided under section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $19,810,000,000, to remain available until
expended, shall be available on October 1, 2019 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2019), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2020: Provided, That
the amounts made available under this heading are provided as follows:
(1) $21,400,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision of
law authorizing such assistance under section 8(t) of the Act)
and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2020 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection and Choice Neighborhoods vouchers: Provided
further, That the Secretary shall, to the extent necessary to
stay within the amount specified under this paragraph (except
as otherwise modified under this paragraph), prorate each
public housing agency's allocation otherwise established
pursuant to this paragraph: Provided further, That except as
provided in the following provisos, the entire amount specified
under this paragraph (except as otherwise modified under this
paragraph) shall be obligated to the public housing agencies
based on the allocation and pro rata method described above,
and the Secretary shall notify public housing agencies of their
annual budget by the latter of 60 days after enactment of this
Act or March 1, 2020: Provided further, That the Secretary may
extend the notification period with the prior written approval
of the House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the MTW
demonstration shall be funded pursuant to their MTW agreements
and in accordance with the requirements of the MTW program and
shall be subject to the same pro rata adjustments under the
previous provisos: Provided further, That the Secretary may
offset public housing agencies' calendar year 2020 allocations
based on the excess amounts of public housing agencies' net
restricted assets accounts, including HUD-held programmatic
reserves (in accordance with VMS data in calendar year 2019
that is verifiable and complete), as determined by the
Secretary: Provided further, That public housing agencies
participating in the MTW demonstration shall also be subject to
the offset, as determined by the Secretary, excluding amounts
subject to the single fund budget authority provisions of their
MTW agreements, from the agencies' calendar year 2020 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce
the proration of renewal funding allocations: Provided
further, That the Secretary may utilize unobligated balances,
including recaptures and carryover, remaining from funds
appropriated under this heading from prior year appropriations
(excluding special purpose vouchers), notwithstanding the
purposes for which such amounts were appropriated, to avoid or
reduce such prorations: Provided further, That up to
$100,000,000 shall be available only: (1) for adjustments in
the allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced a
significant increase, as determined by the Secretary, in
renewal costs of vouchers resulting from unforeseen
circumstances or from portability under section 8(r) of the
Act; (2) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act; (3) for adjustments
for costs associated with HUD-Veterans Affairs Supportive
Housing (HUD-VASH) vouchers; (4) for adjustments in the
allocations for public housing agencies that (i) are leasing a
lower-than-average percentage of their authorized vouchers,
(ii) have low amounts of budget authority in their net
restricted assets accounts and HUD-held programmatic reserves,
relative to other agencies, and (iii) are not participating in
the Moving to Work demonstration, to enable such agencies to
lease more vouchers; (5) for public housing agencies that
despite taking reasonable cost savings measures, as determined
by the Secretary, would otherwise be required to terminate
rental assistance for families as a result of insufficient
funding; and (6) for public housing agencies that have
experienced increased costs or loss of units in an area for
which the President declared a disaster under title IV of the
Robert T. Stafford Disaster Relief and Emergency Assistance Act
(42 U.S.C. 5170 et seq.): Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $150,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency, enhanced
vouchers under any provision of law authorizing such assistance
under section 8(t) of the Act, HOPE VI and Choice Neighborhood
vouchers, mandatory and voluntary conversions, and tenant
protection assistance including replacement and relocation
assistance or for project-based assistance to prevent the
displacement of unassisted elderly tenants currently residing
in section 202 properties financed between 1959 and 1974 that
are refinanced pursuant to Public Law 106-569, as amended, or
under the authority as provided under this Act: Provided, That
when a public housing development is submitted for demolition
or disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided
further, That the Secretary shall provide replacement vouchers
for all units that cease to be available as assisted housing,
subject only to the availability of funds: Provided further,
That of the amounts made available under this paragraph,
$5,000,000 may be available to provide tenant protection
assistance, not otherwise provided under this paragraph, to
residents residing in low vacancy areas and who may have to pay
rents greater than 30 percent of household income, as the
result of: (A) the maturity of a HUD-insured, HUD-held or
section 202 loan that requires the permission of the Secretary
prior to loan prepayment; (B) the expiration of a rental
assistance contract for which the tenants are not eligible for
enhanced voucher or tenant protection assistance under existing
law; or (C) the expiration of affordability restrictions
accompanying a mortgage or preservation program administered by
the Secretary: Provided further, That such tenant protection
assistance made available under the previous proviso may be
provided under the authority of section 8(t) or section
8(o)(13) of the United States Housing Act of 1937 (42 U.S.C.
1437f(t)): Provided further, That the Secretary shall issue
guidance to implement the previous provisos, including, but not
limited to, requirements for defining eligible at-risk
households within 60 days of the enactment of this Act:
Provided further, That any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the
initial family that received any such voucher no longer
receives such voucher, and the authority for any public housing
agency to issue any such voucher shall cease to exist:
Provided further, That the Secretary may provide section 8
rental assistance from amounts made available under this
paragraph for units assisted under a project-based subsidy
contract funded under the ``Project-Based Rental Assistance''
heading under this title where the owner has received a Notice
of Default and the units pose an imminent health and safety
risk to residents: Provided further, That to the extent that
the Secretary determines that such units are not feasible for
continued rental assistance payments or transfer of the subsidy
contract associated with such units to another project or
projects and owner or owners, any remaining amounts associated
with such units under such contract shall be recaptured and
used to reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,925,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $30,000,000 shall be available to the Secretary to allocate
to public housing agencies that need additional funds to
administer their section 8 programs, including fees associated
with section 8 tenant protection rental assistance, the
administration of disaster related vouchers, HUD-VASH vouchers,
and other special purpose incremental vouchers: Provided, That
no less than $1,895,000,000 of the amount provided in this
paragraph shall be allocated to public housing agencies for the
calendar year 2020 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276): Provided
further, That if the amounts made available under this
paragraph are insufficient to pay the amounts determined under
the previous proviso, the Secretary may decrease the amounts
allocated to agencies by a uniform percentage applicable to all
agencies receiving funding under this paragraph or may, to the
extent necessary to provide full payment of amounts determined
under the previous proviso, utilize unobligated balances,
including recaptures and carryovers, remaining from funds
appropriated to the Department of Housing and Urban Development
under this heading from prior fiscal years, excluding special
purpose vouchers, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That all public
housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements and in accordance
with the requirements of the MTW program, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the provision
of tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $225,000,000 shall be for the renewal of tenant-based
assistance contracts under section 811 of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013), including
necessary administrative expenses: Provided, That
administrative and other expenses of public housing agencies in
administering the special purpose vouchers in this paragraph
shall be funded under the same terms and be subject to the same
pro rata reduction as the percent decrease for administrative
and other expenses to public housing agencies under paragraph
(3) of this heading:
(5) $5,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VASH to serve
Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available for
renewal grants to recipients that received assistance under
prior Acts under the Tribal HUD-VASH program: Provided
further, That the Secretary shall be authorized to specify
criteria for renewal grants, including data on the utilization
of assistance reported by grant recipients: Provided further,
That any amounts remaining after such renewal assistance is
awarded may be available for new grants to recipients eligible
to receive block grants under the Native American Housing
Assistance and Self-Determination Act of 1996 (25 U.S.C. 4101
et seq.) for rental assistance and associated administrative
fees for Tribal HUD-VASH to serve Native American veterans that
are homeless or at-risk of homelessness living on or near a
reservation or other Indian areas: Provided further, That
funds shall be awarded based on need, and administrative
capacity established by the Secretary in a Notice published in
the Federal Register after coordination with the Secretary of
the Department of Veterans Affairs: Provided further, That
renewal grants and new grants under this paragraph shall be
administered in accordance with program requirements under the
Native American Housing Assistance and Self-Determination Act
of 1996 and modeled after the HUD-VASH program: Provided
further, That the Secretary shall be authorized to waive, or
specify alternative requirements for any provision of any
statute or regulation that the Secretary administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such assistance: Provided further, That
grant recipients shall report to the Secretary on utilization
of such rental assistance and other program data, as prescribed
by the Secretary: Provided further, That the Secretary may
reallocate, as determined by the Secretary, amounts returned or
recaptured from awards under prior Acts;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
Act of 1937: Provided, That the Secretary of Housing and Urban
Development shall make such funding available, notwithstanding
section 203 (competition provision) of this title, to public
housing agencies that partner with eligible VA Medical Centers
or other entities as designated by the Secretary of the
Department of Veterans Affairs, based on geographical need for
such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency
administrative performance, and other factors as specified by
the Secretary of Housing and Urban Development in consultation
with the Secretary of the Department of Veterans Affairs:
Provided further, That the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for
(in consultation with the Secretary of the Department of
Veterans Affairs), any provision of any statute or regulation
that the Secretary of Housing and Urban Development administers
in connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon
a finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such voucher assistance: Provided further,
That assistance made available under this paragraph shall
continue to remain available for homeless veterans upon turn-
over;
(7) $40,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover:
Provided further, That for any public housing agency
administering voucher assistance appropriated in a prior Act
under the family unification program that determines that it no
longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program: Provided further, That of the amounts made available
under this paragraph, up to $20,000,000 shall be for assistance
for youth under section 8(x) of the Act: Provided further,
That notwithstanding other laws, the Secretary shall, subject
only to the availability of funds, allocate such assistance to
any public housing agencies that (1) administer assistance
under section 8(x), or seek to administer such assistance,
consistent with procedures established by the Secretary, and
(2) have requested such assistance so that they may provide
timely assistance to eligible youth: Provided further, That
public housing agencies shall not reissue any assistance made
available from amounts under this paragraph when the initial
youth that received any such assistance no longer receives it,
unless approved by the Secretary;
(8) $25,000,000 shall be made available for the mobility
demonstration authorized under section 235 of division G of the
Consolidated Appropriations Act, 2019 (42 U.S.C. 1437f note;
Public Law 116-6; 133 Stat. 465), of which up to $5,000,000
shall be for new incremental voucher assistance and the
remainder of which shall be available to provide mobility-
related services to families with children, including pre- and
post-move counseling and rent deposits, and to offset the
administrative costs of operating the mobility demonstration:
Provided, That incremental voucher assistance made available
under this paragraph shall be for families with children
participating in the mobility demonstration and shall continue
to remain available for families with children upon turnover:
Provided further, That for any public housing agency
administering voucher assistance under the mobility
demonstration that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such demonstration; and
(9) the Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover, remaining
from funds appropriated to the Department of Housing and Urban
Development under this heading, the heading ``Annual Contributions for
Assisted Housing'' and the heading ``Project-Based Rental Assistance'',
for fiscal year 2020 and prior years may be used for renewal of or
amendments to section 8 project-based contracts and for performance-
based contract administrators, notwithstanding the purposes for which
such funds were appropriated: Provided, That any obligated balances of
contract authority from fiscal year 1974 and prior that have been
terminated shall be rescinded: Provided further, That amounts
heretofore recaptured, or recaptured during the current fiscal year,
from section 8 project-based contracts from source years fiscal year
1975 through fiscal year 1987 are hereby rescinded, and an amount of
additional new budget authority, equivalent to the amount rescinded is
hereby appropriated, to remain available until expended, for the
purposes set forth under this heading, in addition to amounts otherwise
available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital
and management activities for public housing agencies, as authorized
under section 9 of the United States Housing Act of 1937 (42 U.S.C.
1437g) (the ``Act'') $2,855,057,000, to remain available until
September 30, 2023: Provided, That the amounts made available under
this heading are provided as follows:
(1) notwithstanding any other provision of law or
regulation, during fiscal year 2020, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future;
(2) $28,000,000 shall be to support ongoing public housing
financial and physical assessment activities, pilot a new
physical inspection process, and implement the recommendations
made in the March 2019 Government Accountability Office (GAO)
report ``Real Estate Inspection Center: HUD should Improve
Physical Inspection Process and Oversight of Inspectors'' (GAO-
19-254);
(3) up to $16,000,000 shall be to support the costs of
administrative and judicial receiverships;
(4) not to exceed $30,000,000 shall be available for the
Secretary to make grants, notwithstanding section 203 of this
Act, to public housing agencies for emergency capital needs
including safety and security measures necessary to address
crime and drug-related activity as well as needs resulting from
unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and
Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year
2020: Provided further, That of the amount made available under
this paragraph, not less than $10,000,000 shall be for safety
and security measures: Provided further, That in addition to
the amount in the previous proviso for such safety and security
measures, any amounts that remain available, after all
applications received on or before September 30, 2021, for
emergency capital needs have been processed, shall be allocated
to public housing agencies for such safety and security
measures;
(5) Provided further, That for funds provided under this
heading, the limitation in section 9(g)(1) of the Act shall be
25 percent: Provided further, That the Secretary may waive the
limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section 9(e)(1)(C)
of the Act: Provided further, That the Secretary shall notify
public housing agencies requesting waivers under the previous
proviso if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2020 to public housing agencies
that are designated high performers: Provided further, That the
Department shall notify public housing agencies of their
formula allocation within 60 days of enactment of this Act;
(6) $25,000,000 shall be available for competitive grants
to public housing agencies to evaluate and reduce lead-based
paint hazards in public housing by carrying out the activities
of risk assessments, abatement, and interim controls (as those
terms are defined in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided
further, That for purposes of environmental review, a grant
under this paragraph shall be considered funds for projects or
activities under title I of the United States Housing Act of
1937 (42 U.S.C. 1437 et seq.) for purposes of section 26 of
such Act (42 U.S.C. 1437x) and shall be subject to the
regulations implementing such section; and
(7) $25,000,000 shall be available for competitive grants
to public housing agencies for activities authorized under the
Healthy Homes Initiative, pursuant to sections 501 and 502 of
the Housing and Urban Development Act of 1970, which shall
include research, studies, testing, and demonstration efforts,
including education and outreach concerning mold, carbon
monoxide poisoning, and other housing-related diseases and
hazards.
public housing operating fund
For 2020 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,753,116,000,
to remain available until September 30, 2021.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $300,000,000, to remain available until September 30, 2023:
Provided, That grant funds may be used for resident and community
services, community development, and affordable housing needs in the
community, and for conversion of vacant or foreclosed properties to
affordable housing: Provided further, That the use of funds made
available under this heading shall not be deemed to be public housing
notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section:
Provided further, That of the amount provided, not less than
$150,000,000 shall be awarded to public housing agencies: Provided
further, That such grantees shall create partnerships with other local
organizations including assisted housing owners, service agencies, and
resident organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor, Transportation,
Health and Human Services, Agriculture, and Commerce, the Attorney
General, and the Administrator of the Environmental Protection Agency
to coordinate and leverage other appropriate Federal resources:
Provided further, That no more than $5,000,000 of funds made available
under this heading may be provided as grants to undertake comprehensive
local planning with input from residents and the community: Provided
further, That unobligated balances, including recaptures, remaining
from funds appropriated under the heading ``Revitalization of Severely
Distressed Public Housing (HOPE VI)'' in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading,
notwithstanding the purposes for which such amounts were appropriated:
Provided further, That the Secretary shall issue the Notice of Funding
Availability for funds made available under this heading no later than
120 days after enactment of this Act: Provided further, That the
Secretary shall make grant awards no later than one year from the date
of enactment of this Act in such amounts that the Secretary determines:
Provided further, That notwithstanding section 24(o) of the United
States Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary may,
until September 30, 2023, obligate any available unobligated balances
made available under this heading in this, or any prior Act.
self-sufficiency programs
For activities and assistance related to Self-Sufficiency Programs,
to remain available until September 30, 2023, $150,000,000: Provided,
That the amounts made available under this heading are provided as
follows:
(1) $100,000,000 shall be for the Family Self-Sufficiency
program to support family self-sufficiency coordinators under
section 23 of the United States Housing Act of 1937 (42 U.S.C.
1437u), to promote the development of local strategies to
coordinate the use of assistance under sections 8 and 9 of such
Act with public and private resources, and enable eligible
families to achieve economic independence and self-sufficiency:
Provided, That the Secretary may, by Federal Register notice,
waive or specify alternative requirements under subsections
(b)(3), (b)(4), (b)(5), or (c)(1) of section 23 of such Act in
order to facilitate the operation of a unified self-sufficiency
program for individuals receiving assistance under different
provisions of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily property
with a section 8 contract may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such
property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the previous proviso shall permit participating
tenants to accrue escrow funds in accordance with section
23(d)(2) and shall allow owners to use funding from residual
receipt accounts to hire coordinators for their own Family
Self-Sufficiency program;
(2) $35,000,000 shall be for the Resident Opportunity and
Self-Sufficiency program to provide for supportive services,
service coordinators, and congregate services as authorized by
section 34 of the United States Housing Act of 1937 (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.); and
(3) $15,000,000 shall be for a Jobs-Plus initiative,
modeled after the Jobs-Plus demonstration: Provided, That
funding provided under this paragraph shall be available for
competitive grants to partnerships between public housing
authorities, local workforce investment boards established
under section 107 of the Workforce Innovation and Opportunity
Act of 2014 (29 U.S.C. 3122), and other agencies and
organizations that provide support to help public housing
residents obtain employment and increase earnings: Provided
further, That applicants must demonstrate the ability to
provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies
to request exemptions from rent and income limitation
requirements under sections 3 and 6 of the United States
Housing Act of 1937 (42 U.S.C. 1437a, 1437d), as necessary to
implement the Jobs-Plus program, on such terms and conditions
as the Secretary may approve upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective implementation of the Jobs-Plus initiative as
a voluntary program for residents: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice: Provided further, That for funds provided under this
paragraph, the limitation in section 9(g)(1) of the United
States Housing Act of 1937 shall be 25 percent: Provided
further, That the Secretary may waive the limitation in the
previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of such Act:
Provided further, That the Secretary shall notify public
housing agencies requesting waivers under the previous proviso
if the request is approved or denied within 14 days of
submitting the request: Provided further, That from the funds
made available under this heading, the Secretary shall provide
bonus awards in fiscal year 2020 to public housing agencies
that are designated high performers: Provided further, That the
Department shall notify public housing agencies of their
formula allocation within 60 days of enactment of this Act.
native american programs
(including transfer of funds)
For activities and assistance authorized under title I of the
Native American Housing Assistance and Self-Determination Act of 1996
(NAHASDA) (25 U.S.C. 4111 et seq.), title I of the Housing and
Community Development Act of 1974 with respect to Indian tribes (42
U.S.C. 5306(a)(1)), and related training and technical assistance,
$855,000,000, to remain available until September 30, 2024, unless
otherwise specified: Provided, That amounts made available under this
heading are provided as follows:
(1) $671,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That, notwithstanding NAHASDA, to determine the
amount of the allocation under title I of such Act for each
Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on
single-race census data and with the need component based on
multi-race census data, and the amount of the allocation for
each Indian tribe shall be the greater of the two resulting
allocation amounts: Provided further, That the Department
shall notify grantees of their formula allocation within 60
days of the date of enactment of this Act;
(2) $2,000,000 shall be for the cost of guaranteed notes
and other obligations, as authorized by title VI of NAHASDA:
Provided, That such costs, including the costs of modifying
such notes and other obligations, shall be as defined in
section 502 of the Congressional Budget Act of 1974, as
amended: Provided further, That these funds are available to
subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to
exceed $32,000,000;
(3) $100,000,000 shall be for competitive grants under the
Native American Housing Block Grants program, as authorized
under title I of NAHASDA: Provided, That the Secretary shall
obligate this additional amount for competitive grants to
eligible recipients authorized under NAHASDA that apply for
funds: Provided further, That in awarding this additional
amount, the Secretary shall consider need and administrative
capacity, and shall give priority to projects that will spur
construction and rehabilitation: Provided further, That a
grant funded pursuant to this paragraph shall be not greater
than $10,000,000: Provided further, That up to 1 percent of
this additional amount may be transferred, in aggregate, to the
Office of Public and Indian Housing under paragraph (1) of the
heading ``Program Office Salaries and Expenses'' for necessary
costs of administering and overseeing the obligation and
expenditure of this additional amount: Provided further, That
any funds transferred pursuant to this paragraph shall remain
available until September 30, 2025;
(4) $75,000,000 shall be for grants to Indian tribes for
carrying out the Indian Community Development Block Grant
program under title I of the Housing and Community Development
Act of 1974, notwithstanding section 106(a)(1) of such Act, of
which, notwithstanding any other provision of law (including
section 203 of this Act), up to $5,000,000 may be used for
emergencies that constitute imminent threats to health and
safety: Provided, That not to exceed 20 percent of any grant
made with funds appropriated under this paragraph shall be
expended for planning and management development and
administration: Provided further, That funds provided under
this paragraph shall remain available until September 30, 2022;
and
(5) $7,000,000 shall be for providing training and
technical assistance to Indian tribes, Indian housing
authorities and tribally designated housing entities, to
support the inspection of Indian housing units, contract
expertise, and for training and technical assistance related to
funding provided under this heading and other headings under
this Act for the needs of Native American families and Indian
country: Provided, That of the funds made available under this
paragraph, not less than $2,000,000 shall be available for a
national organization as authorized under section 703 of
NAHASDA (25 U.S.C. 4212): Provided further, That
notwithstanding the provisions of the Federal Grant and
Cooperative Agreements Act of 1977 (31 U.S.C. 6301-6308), the
amounts made available under this paragraph may be used by the
Secretary to enter into cooperative agreements with public and
private organizations, agencies, institutions, and other
technical assistance providers to support the administration of
negotiated rulemaking under section 106 of NAHASDA (25 U.S.C.
4116), the administration of the allocation formula under
section 302 of NAHASDA (25 U.S.C. 4152), and the administration
of performance tracking and reporting under section 407 of
NAHASDA (25 U.S.C. 4167).
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-
13a), $2,500,000, to remain available until expended: Provided, That
such costs, including the costs of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$1,000,000,000, to remain available until expended: Provided further,
That up to $500,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,500,000, to
remain available until September 30, 2024: Provided, That
notwithstanding section 812(b) of such Act, the Department of Hawaiian
Home Lands may not invest grant amounts provided under this heading in
investment securities and other obligations: Provided further, That
amounts made available under this heading in this and prior fiscal
years may be used to provide rental assistance to eligible Native
Hawaiian families both on and off the Hawaiian Home Lands,
notwithstanding any other provision of law.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $410,000,000, to remain available until September 30,
2021, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2022: Provided,
That the Secretary shall renew all expiring contracts for permanent
supportive housing that initially were funded under section 854(c)(5)
of such Act from funds made available under this heading in fiscal year
2010 and prior fiscal years that meet all program requirements before
awarding funds for new contracts under such section: Provided further,
That the Department shall notify grantees of their formula allocation
within 60 days of enactment of this Act.
community development fund
For carrying out the community development block grant program
under title I of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5301 et seq.)(``the Act'' herein), $3,600,000,000,
to remain available until September 30, 2022, unless otherwise
specified: Provided, That unless explicitly provided for under this
heading, not to exceed 20 percent of any grant made with funds
appropriated under this heading shall be expended for planning and
management development and administration: Provided further, That a
metropolitan city, urban county, unit of general local government, or
insular area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any portion
of such funds to another such entity in exchange for any other funds,
credits or non-Federal considerations, but must use such funds for
activities eligible under title I of the Act: Provided further, That
notwithstanding section 105(e)(1) of the Act, no funds provided under
this heading may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such project has
been evaluated and selected in accordance with guidelines required
under subsection (e)(2): Provided further, That the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2020, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: Provided, That the Secretary shall collect fees from
borrowers, notwithstanding subsection (m) of such section 108, to
result in a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with section 502(7)
of the Congressional Budget Act of 1974: Provided further, That such
commitment authority funded by fees may be used to guarantee, or make
commitments to guarantee, notes or other obligations issued by any
State on behalf of non-entitlement communities in the State in
accordance with the requirements of such section 108: Provided
further, That any State receiving such a guarantee or commitment under
the previous proviso shall distribute all funds subject to such
guarantee to the units of general local government in nonentitlement
areas that received the commitment.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $1,750,000,000, to remain available until September 30, 2023:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act (42 U.S.C. 12746(10), 12747(b)(4)) shall not
apply to allocations of such amount: Provided further, That the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act: Provided further, That section 218(g)
of such Act (42 U.S.C. 12748(g)) shall not apply with respect to the
right of a jurisdiction to draw funds from its HOME Investment Trust
Fund that otherwise expired or would expire in 2016, 2017, 2018, 2019,
2020, 2021, or 2022 under that section: Provided further, That section
231(b) of such Act (42 U.S.C. 12771(b)) shall not apply to any
uninvested funds that otherwise were deducted or would be deducted from
the line of credit in the participating jurisdiction's HOME Investment
Trust Fund in 2018, 2019, 2020, 2021, or 2022 under that section and
the funds shall be invested only in housing to be developed, sponsored,
or owned by community housing development organizations.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program,
as authorized under section 11 of the Housing Opportunity Program
Extension Act of 1996, as amended, $55,000,000, to remain available
until September 30, 2022: Provided, That of the total amount provided
under this heading, $10,000,000 shall be made available to the Self-
Help Homeownership Opportunity Program as authorized under section 11
of the Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That of the total amount provided under this heading,
$40,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity building
by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments, and Indian Tribes serving high need rural communities.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act,
as amended; the Continuum of Care program as authorized under subtitle
C of title IV of such Act; and the Rural Housing Stability Assistance
program as authorized under subtitle D of title IV of such Act,
$2,800,000,000, to remain available until September 30, 2022:
Provided, That not less than $290,000,000 of the funds appropriated
under this heading shall be available for such Emergency Solutions
Grants program: Provided further, That not less than $2,344,000,000 of
the funds appropriated under this heading shall be available for such
Continuum of Care and Rural Housing Stability Assistance programs:
Provided further, That of the amounts made available under this
heading, up to $50,000,000 shall be made available for grants for rapid
re-housing projects and supportive service projects providing
coordinated entry, and for eligible activities the Secretary determines
to be critical in order to assist survivors of domestic violence,
sexual assault, dating violence, and stalking: Provided further, That
such projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That up to $7,000,000 of the funds
appropriated under this heading shall be available for the national
homeless data analysis project: Provided further, That for all match
requirements applicable to funds made available under this heading for
this fiscal year and prior fiscal years, a grantee may use (or could
have used) as a source of match funds other funds administered by the
Secretary and other Federal agencies unless there is (or was) a
specific statutory prohibition on any such use of any such funds:
Provided further, That none of the funds provided under this heading
shall be available to provide funding for new projects, except for
projects created through reallocation, unless the Secretary determines
that the continuum of care has demonstrated that projects are evaluated
and ranked based on the degree to which they improve the continuum of
care's system performance: Provided further, That the Secretary shall
prioritize funding under the Continuum of Care program to continuums of
care that have demonstrated a capacity to reallocate funding from lower
performing projects to higher performing projects: Provided further,
That all awards of assistance under this heading shall be required to
coordinate and integrate homeless programs with other mainstream
health, social services, and employment programs for which homeless
populations may be eligible: Provided further, That any unobligated
amounts remaining from funds appropriated under this heading in fiscal
year 2012 and prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter Plus Care
Renewal account and transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year 2020:
Provided further, That the Department shall notify grantees of their
formula allocation from amounts allocated (which may represent initial
or final amounts allocated) for the Emergency Solutions Grant program
within 60 days of enactment of this Act: Provided further, That up to
$100,000,000 of the funds appropriated under this heading shall be to
implement projects to demonstrate how a comprehensive approach to
serving homeless youth, age 24 and under, in up to 25 communities can
dramatically reduce youth homelessness: Provided further, That of the
amount made available under the previous proviso, up to $10,000,000
shall be available to provide technical assistance on improving system
responses to youth homelessness, and collection, analysis, use, and
reporting of data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in coordination
with other technical assistance funds provided under this title:
Provided further, That the Secretary may use up to 10 percent of the
amount made available under the previous proviso to build the capacity
of current technical assistance providers or to train new technical
assistance providers with verifiable prior experience with systems and
programs for youth experiencing homelessness: Provided further, That
such projects shall be eligible for renewal under the continuum of care
program subject to the same terms and conditions as other renewal
applicants: Provided further, That youth aged 24 and under seeking
assistance under this heading shall not be required to provide third
party documentation to establish their eligibility under 42 U.S.C.
11302(a) or (b) to receive services: Provided further, That
unaccompanied youth aged 24 and under or families headed by youth aged
24 and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading: Provided further,
That the Secretary shall consider and award projects based solely on
the selection criteria from the fiscal year 2018 Notice of Funding
Availability.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.) (``the Act''), not otherwise provided for,
$12,190,000,000, to remain available until expended, shall be available
on October 1, 2019 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2019),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2020: Provided, That the amounts made
available under this heading shall be available for expiring or
terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to section
8 project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for contracts entered into pursuant to
section 441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in projects that
are subject to approved plans of action under the Emergency Low Income
Housing Preservation Act of 1987 or the Low-Income Housing Preservation
and Resident Homeownership Act of 1990, and for administrative and
other expenses associated with project-based activities and assistance
funded under this paragraph: Provided further, That of the total
amounts provided under this heading, not to exceed $345,000,000 shall
be available for performance-based contract administrators for section
8 project-based assistance, for carrying out 42 U.S.C. 1437(f):
Provided further, That the Secretary may also use such amounts in the
previous proviso for performance-based contract administrators for the
administration of: interest reduction payments pursuant to section
236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental
assistance contracts for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701q); project rental assistance
contracts for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667); and loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts recaptured
under this heading, the heading ``Annual Contributions for Assisted
Housing'', or the heading ``Housing Certificate Fund'', may be used for
renewals of or amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding the purposes
for which such amounts were appropriated: Provided further, That,
notwithstanding any other provision of law, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 8 project-based Housing Assistance
Payments contract that authorizes HUD or a Housing Finance Agency to
require that surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department and
deposited in this account, to be available until expended: Provided
further, That amounts deposited pursuant to the previous proviso shall
be available in addition to the amount otherwise provided by this
heading for uses authorized under this heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, for project rental assistance for
the elderly under section 202(c)(2) of such Act, including amendments
to contracts for such assistance and renewal of expiring contracts for
such assistance for up to a 1-year term, for senior preservation rental
assistance contracts, including renewals, as authorized by section
811(e) of the American Housing and Economic Opportunity Act of 2000, as
amended, and for supportive services associated with the housing,
$803,000,000, to remain available until September 30, 2023: Provided,
That of the amount provided under this heading, up to $95,000,000 shall
be for service coordinators and the continuation of existing congregate
service grants for residents of assisted housing projects: Provided
further, That amounts under this heading shall be available for Real
Estate Assessment Center inspections and inspection-related activities
associated with section 202 projects: Provided further, That the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary, project funds
that are held in residual receipts accounts for any project subject to
a section 202 project rental assistance contract and, upon termination
of such contract, are in excess of an amount to be determined by the
Secretary shall be remitted to the Department and deposited in this
account, to remain available until September 30, 2023: Provided
further, That amounts deposited in this account pursuant to the
previous proviso shall be available, in addition to the amounts
otherwise provided by this heading, for amendments and renewals:
Provided further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or appropriated under
this heading shall be available for amendments and renewals in addition
to the purposes for which such funds originally were appropriated:
Provided further, That of the total amount provided under this heading,
$10,000,000, shall be for a program to be established by the Secretary
to make grants to experienced non-profit organizations, States, local
governments, or public housing agencies for safety and functional home
modification repairs to meet the needs of low-income elderly persons to
enable them to remain in their primary residence: Provided further,
That of the total amount made available under the previous proviso, no
less than $5,000,000 shall be available to meet such needs in
communities with substantial rural populations.
housing for persons with disabilities
For capital advances, including amendments to capital advance
contracts, for supportive housing for persons with disabilities, as
authorized by section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), as amended, for project rental assistance
for supportive housing for persons with disabilities under section
811(d)(2) of such Act, for project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (Public Law 86-372; 73 Stat.
667), including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies and other
appropriate entities as authorized under section 811(b)(3) of the
Cranston-Gonzalez National Housing Act, and for supportive services
associated with the housing for persons with disabilities as authorized
by section 811(b)(1) of such Act, $258,510,000, to remain available
until September 30, 2023: Provided, That amounts made available under
this heading shall be available for Real Estate Assessment Center
inspections and inspection-related activities associated with section
811 projects: Provided further, That, upon the request of the
Secretary, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract and, upon termination of such contract, are in excess of an
amount to be determined by the Secretary shall be remitted to the
Department and deposited in this account, to remain available until
September 30, 2023: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available in addition
to the amounts otherwise provided by this heading for amendments and
renewals: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be used for amendments and
renewals in addition to the purposes for which such funds originally
were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act
of 1968, as amended, $60,000,000, to remain available until September
30, 2021, including up to $4,500,000 for administrative contract
services: Provided, That grants made available from amounts provided
under this heading shall be awarded within 180 days of enactment of
this Act: Provided further, That funds shall be used for providing
counseling and advice to tenants and homeowners, both current and
prospective, with respect to property maintenance, financial management
or literacy, and such other matters as may be appropriate to assist
them in improving their housing conditions, meeting their financial
needs, and fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor training:
Provided further, That for purposes of providing such grants from
amounts provided under this heading, the Secretary may enter into
multiyear agreements, as appropriate, subject to the availability of
annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2)
of the National Housing Act (12 U.S.C. 1715z-1) in State-aided,
noninsured rental housing projects, $3,000,000, to remain available
until expended: Provided, That such amount, together with unobligated
balances from recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover, remaining
from funds appropriated under this heading after fiscal year 2005,
shall also be available for extensions of up to one year for expiring
contracts under such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401
et seq.), up to $12,400,000, to remain available until expended, of
which $12,400,000 is to be derived from the Manufactured Housing Fees
Trust Fund: Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund of the
Treasury to the extent necessary to incur obligations and make
expenditures pending the receipt of collections to the Fund pursuant to
section 620 of such Act: Provided further, That the amount made
available under this heading from the general fund shall be reduced as
such collections are received during fiscal year 2020 so as to result
in a final fiscal year 2020 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620 shall be
modified as necessary to ensure such a final fiscal year 2020
appropriation: Provided further, That for the dispute resolution and
installation programs, the Secretary of Housing and Urban Development
may assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund, and
the Secretary, as provided herein, may use such collections, as well as
fees collected under section 620, for necessary expenses of such Act:
Provided further, That, notwithstanding the requirements of section 620
of such Act, the Secretary may carry out responsibilities of the
Secretary under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2021: Provided, That during
fiscal year 2020, obligations to make direct loans to carry out the
purposes of section 204(g) of the National Housing Act, as amended,
shall not exceed $1,000,000: Provided further, That the foregoing
amount in the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single family real
properties owned by the Secretary and formerly insured under the Mutual
Mortgage Insurance Fund: Provided further, That for administrative
contract expenses of the Federal Housing Administration, $130,000,000,
to remain available until September 30, 2021: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2020, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available by this
proviso exceed $30,000,000: Provided further, That notwithstanding the
limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), during fiscal year 2020 the
Secretary may insure and enter into new commitments to insure mortgages
under section 255 of the National Housing Act only to the extent that
the net credit subsidy cost for such insurance does not exceed zero:
Provided further, That for fiscal year 2020, the Secretary shall not
take any action against a lender solely on the basis of compare ratios
that have been adversely affected by defaults on mortgages secured by
properties in areas where a major disaster was declared in 2017 or 2018
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not
exceed $30,000,000,000 in total loan principal, any part of which is to
be guaranteed, to remain available until September 30, 2021: Provided,
That during fiscal year 2020, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g), 207(l), 238,
and 519(a) of the National Housing Act, shall not exceed $1,000,000,
which shall be for loans to nonprofit and governmental entities in
connection with the sale of single family real properties owned by the
Secretary and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $550,000,000,000, to remain available until
September 30, 2021: Provided, That $27,000,000, to remain available
until September 30, 2021, shall be for necessary salaries and expenses
of the Office of Government National Mortgage Association: Provided
further, That to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2020, an additional $100 for
necessary salaries and expenses shall be available until expended for
each $1,000,000 in additional guaranteed loan commitments (including a
pro rata amount for any amount below $1,000,000), but in no case shall
funds made available by this proviso exceed $3,000,000: Provided
further, That receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as amended, shall be
credited as offsetting collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, as
authorized by title V of the Housing and Urban Development Act of 1970
(12 U.S.C. 1701z-1 et seq.), including carrying out the functions of
the Secretary of Housing and Urban Development under section 1(a)(1)(i)
of Reorganization Plan No. 2 of 1968, and for technical assistance,
$98,000,000, to remain available until September 30, 2021: Provided,
That the amounts made available under this heading may be used for the
types of research and studies otherwise provided for and authorized
elsewhere under this title: Provided further, That with respect to
amounts made available under this heading, notwithstanding section 203
of this title, the Secretary may enter into cooperative agreements
funded with philanthropic entities, other Federal agencies, State or
local governments and their agencies, Indian tribes, tribally
designated housing entities, or colleges or universities for research
projects: Provided further, That with respect to the previous proviso,
such partners to the cooperative agreements must contribute at least a
50 percent match toward the cost of the project: Provided further,
That for non-competitive agreements entered into in accordance with the
previous two provisos, the Secretary of Housing and Urban Development
shall comply with section 2(b) of the Federal Funding Accountability
and Transparency Act of 2006 (Public Law 109-282, 31 U.S.C. note) in
lieu of compliance with section 102(a)(4)(C) with respect to
documentation of award decisions: Provided further, That prior to
obligation of technical assistance funding, the Secretary shall submit
a plan, for approval, to the House and Senate Committees on
Appropriations on how it will allocate funding for this activity:
Provided further, That none of the funds provided under this heading
may be available for the doctoral dissertation research grant program.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$75,300,000, to remain available until September 30, 2021: Provided,
That grants made available from amounts provided under this heading
shall be awarded within 120 days of enactment of this Act: Provided
further, That notwithstanding 31 U.S.C. 3302, the Secretary may assess
and collect fees to cover the costs of the Fair Housing Training
Academy, and may use such funds to develop on-line courses and provide
such training: Provided further, That of the funds made available
under this heading, up to $450,000 shall be available to the Secretary
of Housing and Urban Development for the creation and promotion of
translated materials and other programs that support the assistance of
persons with limited English proficiency in utilizing the services
provided by the Department of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section
1011 of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$290,000,000, to remain available until September 30, 2022, of which
$56,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
which shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, or the Lead Technical Studies program
under this heading or under prior appropriations Acts for such purposes
under this heading, shall be considered to be funds for a special
project for purposes of section 305(c) of the Multifamily Housing
Property Disposition Reform Act of 1994: Provided further, That not
less than $95,000,000 of the amounts made available under this heading
for the award of grants pursuant to section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992 shall be provided to
areas with the highest lead-based paint abatement needs: Provided
further, That of the amount made available for the Healthy Homes
Initiative, $5,000,000 shall be for the implementation of projects in
up to five communities that are served by both the Healthy Homes
Initiative and Department of Energy weatherization programs to
demonstrate whether the coordination of Healthy Homes remediation
activities with weatherization activities achieves cost savings and
better outcomes in improving the safety and quality of homes: Provided
further, That each applicant shall certify adequate capacity that is
acceptable to the Secretary to carry out the proposed use of funds
pursuant to a notice of funding availability: Provided further, That
amounts made available under this heading in this or prior
appropriations Acts, still remaining available, may be used for any
purpose under this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is undersubscribed
and there are other program competitions under this heading that are
oversubscribed.
Cybersecurity and Information Technology Fund
For the mitigation against the exploitation of information
technology systems and personally identifiable information; for the
development, modernization, and enhancement of, modifications to, and
infrastructure for Department-wide and program-specific information
technology systems, and for the continuing operation and maintenance of
both Department-wide and program-specific information systems, and for
program-related maintenance activities, $300,000,000, to remain
available until September 30, 2021, of which $20,000,000 may be used
for single family information technology systems of the Federal Housing
Administration: Provided, That any amounts transferred to this Fund
under this Act shall remain available until expended: Provided
further, That any amounts transferred to this Fund from amounts
appropriated by previously enacted appropriations Acts may be used for
the purposes specified under this Fund, in addition to any other
information technology purposes for which such amounts were
appropriated: Provided further, That not more than 10 percent of the
funds made available under this heading for development, modernization
and enhancement may be obligated until the Secretary submits to the
House and Senate Committees on Appropriations, for approval, a plan for
expenditure that--(A) identifies for each modernization project: (i)
the functional and performance capabilities to be delivered and the
mission benefits to be realized, (ii) the estimated life-cycle cost,
and (iii) key milestones to be met; and (B) demonstrates that each
modernization project is: (i) compliant with the Department's
enterprise architecture, (ii) being managed in accordance with
applicable life-cycle management policies and guidance, (iii) subject
to the Department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed project
office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$132,489,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act
of 1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of
cash, shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to the
Treasury shall be used by State housing finance agencies or local
governments or local housing agencies with projects approved by the
Secretary of Housing and Urban Development for which settlement
occurred after January 1, 1992, in accordance with such section.
Notwithstanding the previous sentence, the Secretary may award up to 15
percent of the budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with incentives to
refinance their project at a lower interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2020 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 204. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a
contract or fee basis, and for utilizing and making payment for
services and facilities of the Federal National Mortgage Association,
Government National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or any
member thereof, Federal Home Loan banks, and any insured bank within
the meaning of the Federal Deposit Insurance Corporation Act, as
amended (12 U.S.C. 1811-1).
Sec. 205. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 206. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2020 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases
are necessary to protect the financial interest of the United States
Government.
Sec. 207. The Secretary of Housing and Urban Development shall
provide quarterly reports to the House and Senate Committees on
Appropriations regarding all uncommitted, unobligated, recaptured and
excess funds in each program and activity within the jurisdiction of
the Department and shall submit additional, updated budget information
to these Committees upon request.
Sec. 208. The President's formal budget request for fiscal year
2021, as well as the Department of Housing and Urban Development's
congressional budget justifications to be submitted to the Committees
on Appropriations of the House of Representatives and the Senate, shall
use the identical account and sub-account structure provided under this
Act.
Sec. 209. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 210. (a) Notwithstanding any other provision of law, subject
to the conditions listed under this section, for fiscal years 2020 and
2021, the Secretary of Housing and Urban Development may authorize the
transfer of some or all project-based assistance, debt held or insured
by the Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more multifamily
housing project or projects to another multifamily housing project or
projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the
project or projects to which the assistance is transferred, to ensure
that such project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and
the net dollar amount of Federal assistance provided to
the transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom
sizes to meet current market demands, as determined by
the Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in subsection
(d)(2)(A), any lien on the receiving project resulting from
additional financing obtained by the owner shall be subordinate
to any FHA-insured mortgage lien transferred to, or placed on,
such project by the Secretary, except that the Secretary may
waive this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition,
construction, and/or rehabilitation of the receiving project or
projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959, as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act;
or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act;
(E) assistance payments made under section
202(c)(2) of the Housing Act of 1959; and
(F) assistance payments made under section
811(d)(2) of the Cranston-Gonzalez National Affordable
Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 211. (a) No assistance shall be provided under section 8 of
the United States Housing Act of 1937 (42 U.S.C. 1437f) to any
individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 212. The funds made available for Native Alaskans under the
heading ``Native American Housing Block Grants'' in title II of this
Act shall be allocated to the same Native Alaskan housing block grant
recipients that received funds in fiscal year 2005.
Sec. 213. Notwithstanding any other provision of law, in fiscal
year 2020, in managing and disposing of any multifamily property that
is owned or has a mortgage held by the Secretary of Housing and Urban
Development, and during the process of foreclosure on any property with
a contract for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the Secretary
shall maintain any rental assistance payments under section 8 of the
United States Housing Act of 1937 and other programs that are attached
to any dwelling units in the property. To the extent the Secretary
determines, in consultation with the tenants and the local government,
that such a multifamily property owned or held by the Secretary is not
feasible for continued rental assistance payments under such section 8
or other programs, based on consideration of (1) the costs of
rehabilitating and operating the property and all available Federal,
State, and local resources, including rent adjustments under section
524 of the Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in
consultation with the tenants of that property, contract for project-
based rental assistance payments with an owner or owners of other
existing housing properties, or provide other rental assistance. The
Secretary shall also take appropriate steps to ensure that project-
based contracts remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist relocation of
tenants for imminent major threats to health and safety after written
notice to and informed consent of the affected tenants and use of other
available remedies, such as partial abatements or receivership. After
disposition of any multifamily property described under this section,
the contract and allowable rent levels on such properties shall be
subject to the requirements under section 524 of MAHRAA.
Sec. 214. Public housing agencies that own and operate 400 or
fewer public housing units may elect to be exempt from any asset
management requirement imposed by the Secretary of Housing and Urban
Development in connection with the operating fund rule: Provided, That
an agency seeking a discontinuance of a reduction of subsidy under the
operating fund formula shall not be exempt from asset management
requirements.
Sec. 215. With respect to the use of amounts provided in this Act
and in future Acts for the operation, capital improvement and
management of public housing as authorized by sections 9(d) and 9(e) of
the United States Housing Act of 1937 (42 U.S.C. 1437g(d) and (e)), the
Secretary shall not impose any requirement or guideline relating to
asset management that restricts or limits in any way the use of capital
funds for central office costs pursuant to section 9(g)(1) or 9(g)(2)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(g)(1), (2)):
Provided, That a public housing agency may not use capital funds
authorized under section 9(d) for activities that are eligible under
section 9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or 9(g)(2).
Sec. 216. No official or employee of the Department of Housing and
Urban Development shall be designated as an allotment holder unless the
Office of the Chief Financial Officer has determined that such
allotment holder has implemented an adequate system of funds control
and has received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a trained
allotment holder for each HUD appropriation under the accounts
``Executive Offices'' and ``Administrative Support Offices,'' as well
as each paragraph receiving appropriations under the heading ``Program
Office Salaries and Expenses'', ``Government National Mortgage
Association--Guarantees of Mortgage-Backed Securities Loan Guarantee
Program Account'', and ``Office of Inspector General'' within the
Department of Housing and Urban Development.
Sec. 217. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2020, notify the public through the
Federal Register and other means, as determined appropriate, of the
issuance of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary fund
administered by the Secretary that is to be competitively awarded.
Notwithstanding any other provision of law, for fiscal year 2020, the
Secretary may make the NOFA available only on the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary.
Sec. 218. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as
a separate line item request. No funds provided in this title may be
used to pay any such litigation costs for attorney fees until the
Department submits for review a spending plan for such costs to the
House and Senate Committees on Appropriations.
Sec. 219. The Secretary is authorized to transfer up to 10 percent
or $5,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any
paragraph under the heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $5,000,000, whichever is less, without prior written
approval of the House and Senate Committees on Appropriations:
Provided further, That the Secretary shall provide notification to such
Committees three business days in advance of any such transfers under
this section up to 10 percent or $5,000,000, whichever is less.
Sec. 220. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined by
the Secretary of Housing and Urban Development (in this section
referred to as the ``Secretary''), and comply with any standards under
applicable State or local laws, rules, ordinances, or regulations
relating to the physical condition of any property covered under a
housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection, the
Secretary must provide the owner with a Notice of Default with a
specified timetable, determined by the Secretary, for correcting all
deficiencies. The Secretary must also provide a copy of the Notice of
Default to the tenants, the local government, any mortgagees, and any
contract administrator. If the owner's appeal results in a UPCS score
of 60 or above, the Secretary may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used
solely for the purpose of supporting safe and sanitary
conditions at applicable properties, as designated by the
Secretary, with priority given to the tenants of the property
affected by the penalty;
(C) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure that
project-based contracts remain in effect, subject to the exercise of
contractual abatement remedies to assist relocation of tenants for
major threats to health and safety after written notice to the affected
tenants. To the extent the Secretary determines, in consultation with
the tenants and the local government, that the property is not feasible
for continued rental assistance payments under such section 8 or other
programs, based on consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the Multifamily
Assisted Housing Reform and Affordability Act of 1997
(``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered
by this section that are assessed through the Real Estate Assessment
Center and have UPCS physical inspection scores of less than 60 or have
received an unsatisfactory management and occupancy review within the
past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
This report shall be due to the Senate and House Committees on
Appropriations no later than 30 days after the enactment of this Act,
and on the first business day of each Federal fiscal year quarter
thereafter while this section remains in effect.
Sec. 221. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect
to the tenant-based rental assistance program) and section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used
by any public housing agency for any amount of salary, including
bonuses, for the chief executive officer of which, or any other
official or employee of which, that exceeds the annual rate of basic
pay payable for a position at level IV of the Executive Schedule at any
time during any public housing agency fiscal year 2020.
Sec. 222. None of the funds in this Act provided to the Department
of Housing and Urban Development may be used to make a grant award
unless the Secretary notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project,
State, locality, housing authority, tribe, nonprofit organization, or
other entity selected to receive a grant award is announced by the
Department or its offices.
Sec. 223. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 224. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any other
political subdivision of a State.
Sec. 225. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government as a
metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 226. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available
and may be reobligated in that fiscal year or the subsequent fiscal
year for the research, evaluation, or statistical purposes for which
the amounts are made available to that Office subject to reprogramming
requirements in section 405 of this Act.
Sec. 227. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113,
and such authorities as are enacted for Performance Partnership Pilots
in an appropriations Act for fiscal year 2019: Provided, That such
participation shall be limited to no more than 10 continuums of care
and housing activities to improve outcomes for disconnected youth.
Sec. 228. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015 and subsequent
fiscal years for the continuum of care (CoC) program as authorized
under subtitle C of title IV of the McKinney-Vento Homeless Assistance
Act, costs paid by program income of grant recipients may count toward
meeting the recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC program.
Sec. 229. (a) From amounts made available under this title under
the heading ``Homeless Assistance Grants'', the Secretary may award 1-
year transition grants to recipients of funds for activities under
subtitle C of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11381 et seq.) to transition from one Continuum of Care program
component to another.
(b) No more than 50 percent of each transition grant may be used
for costs of eligible activities of the program component originally
funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of the
new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 230. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
Sec. 231. (a) Establishment of Fund.--There is hereby established
in the Treasury of the United States a fund to be known as HUD HAG Fund
(in this section referred to as the ``Fund'').
(b) Credits to Fund.--
(1) Future transfers.--Unobligated balances of recaptured
funds (except for amounts necessary for grant amount
corrections) appropriated by any Act in this or any subsequent
fiscal year under the account for ``Department of Housing and
Urban Development--Community Planning and Development--Homeless
Assistance Grants'' (in this section referred to as the ``HAG
account'') shall be transferred into the Fund.
(2) Rescission and availability of fiscal year 2018
amounts.--Of any amounts appropriated under the HAG account by
the Transportation, Housing and Urban Development, and Related
Agencies Appropriations Act, 2018 (division L of Public Law
115-141), 90 percent of any balances remaining unobligated as
of September 1, 2020, are hereby rescinded, and an amount of
additional new budget authority equivalent to the amount
rescinded is hereby appropriated and shall be transferred to
the Fund.
(c) Purposes.--Amounts transferred to the Fund shall be available
until expended, and in addition to such other funds as may be available
for such purposes, only for the following purposes:
(1) For grants under the Continuum of Care program under
subtitle C of title IV of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11381 et seq.).
(2) For grants under the Emergency Solutions Grant program
under subtitle B of title IV of such Act (42 U.S.C. 11371 et
seq.).
(3) Not less than 10 percent of amounts transferred to the
Fund shall be used only for grants, as established and
determined by the Secretary, in rural areas.
(4) Not less than 10 percent of amounts transferred to the
Fund shall be used for grants, as established and determined by
the Secretary, only pursuant to the declaration of a major
disaster under the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.) in the most
impacted and distressed areas resulting from such disaster.
(d) Transfer for Use.--
(1) Amounts in the Fund shall be transferred to the HAG
account before obligation and expenditure.
(2) Amounts in the Fund may be transferred to the HAG
account only after the expiration of the 15-day period
beginning upon the day that the Secretary of Housing and Urban
Development submits written notice to the Committees on
Appropriations of the House of Representatives and the Senate
of the planned use of such transferred amounts, except that
amounts transferred for the purposes specified in subsection
(c)(4) may be transferred with concurrent written notice to
such Committees.
Sec. 232. The Promise Zone designations and Promise Zone
Designation Agreements entered into pursuant to such designations, made
by the Secretary of Housing and Urban Development in prior fiscal
years, shall remain in effect in accordance with the terms and
conditions of such agreements.
Sec. 233. None of the funds made available by this Act may be used
to establish and apply review criteria, including rating factors or
preference points, for participation in or coordination with EnVision
Centers, in the evaluation, selection, and award of any funds made
available and requiring competitive selection under this Act, except
with respect to any such funds otherwise authorized for EnVision Center
purposes under this Act.
Sec. 234. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective the
proposed rule entitled ``Housing and Community Development Act of 1980:
Verification of Eligible Status'', issued by the Department of Housing
and Urban Development on May 10, 2019 (Docket No. FR-6124-P-01), or any
final rule based substantially on such proposed rule.
Sec. 235. (a) The Secretary of Housing and Urban Development shall
make available to grantees under programs included under the
Department's Consolidated Planning Process, not later than the
expiration of the 90-day period beginning on the date of the enactment
of this Act, the prepopulated up-to-date housing and economic data and
data for both broadband and resilience assessment requirements, as
referred to in the HUD Response to the third comment under section
III.A. of the Supplementary Information included with the final rule
entitled ``Modernizing HUD's Consolidated Planning Process To Narrow
the Digital Divide and Increase Resilience to Natural Hazards'',
published by the Department of Housing and Urban Development in the
Federal Register on Friday, December 16, 2016 (81 Fed. Reg. 91000).
(b) The Secretary of Housing and Urban Development shall require
such grantees to incorporate the broadband and resilience components
into the Consolidated Plan process not later than the expiration of the
270-day period beginning on the date of the enactment of this Act.
Sec. 236. None of the funds made available to the Department of
Housing and Urban Development by this or any other Act may be used to
implement, administer, enforce, or in any way make effective any rule
making any change to the rule entitled ``Equal Access in Accordance
With an Individual's Gender Identity in Community Planning and
Development Programs'' published by the Department of Housing and Urban
Development in the Federal Register on September 21, 2016 (81 Fed. Reg.
64763) or to the rule entitled ``Equal Access to Housing in HUD
Programs Regardless of Sexual Orientation or Gender Identity''
published by such Department in the Federal Register on February 3,
2012 (77 Fed. Reg. 5662).
Sec. 237. Notwithstanding any other provision of law, the notice
issued by the Department of Housing and Urban Development on February
20, 2015, and entitled ``Appropriate Placement for Transgender Persons
in Single-Sex Emergency Shelters and Other Facilities'' (Notice CPD-15-
02) shall have the force and effect of law.
Sec. 238. The Secretary of Housing and Urban Development may not,
in this fiscal year or any fiscal year thereafter, implement, require,
enforce, or otherwise make effective any change, amendment, or
alteration to any term or condition of the Annual Contributions
Contract between the Secretary and any public housing agency, as such
contract was in effect as of January 1, 2018, unless such change,
amendment, or alteration is made pursuant to a rule issued after notice
and an opportunity for public comment and in accordance with the
procedure under section 553 of title 5, United States Code, applicable
to substantive rules.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2020''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,400,000:
Provided, That, notwithstanding any other provision of law, there may
be credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5
U.S.C. 5901-5902, $28,000,000: Provided, That not to exceed $2,000
shall be available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,274,000: Provided,
That the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General Act, as
amended (5 U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C. 1001), by any
person or entity that is subject to regulation by the National Railroad
Passenger Corporation: Provided further, That the Inspector General
may enter into contracts and other arrangements for audits, studies,
analyses, and other services with public agencies and with private
persons, subject to the applicable laws and regulations that govern the
obtaining of such services within the National Railroad Passenger
Corporation: Provided further, That the Inspector General may select,
appoint, and employ such officers and employees as may be necessary for
carrying out the functions, powers, and duties of the Office of
Inspector General, subject to the applicable laws and regulations that
govern such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the President's
budget request for fiscal year 2021, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2021 in similar format and substance to those submitted
by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$110,400,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to
the National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $170,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,100,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2020, to
result in a final appropriation from the general fund estimated at no
more than $35,850,000.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$4,100,000, to remain available until September 30, 2021.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The expenditure of any appropriation under this Act for
any consulting service through a procurement contract pursuant to
section 3109 of title 5, United States Code, shall be limited to those
contracts where such expenditures are a matter of public record and
available for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain available for
obligation or expenditure in fiscal year 2020, or provided from any
accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for
a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the joint explanatory statement
accompanying this Act, whichever is more detailed, unless prior
approval is received from the House and Senate Committees on
Appropriations: Provided, That not later than 60 days after
the date of enactment of this Act, each agency funded by this
Act shall submit a report to the Committees on Appropriations
of the Senate and of the House of Representatives to establish
the baseline for application of reprogramming and transfer
authorities for the current fiscal year: Provided further,
That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and
activity as detailed in this Act, the table
accompanying the explanatory statement accompanying
this Act, accompanying reports of the House and Senate
Committee on Appropriations, or in the budget appendix
for the respective appropriations, whichever is more
detailed, and shall apply to all items for which a
dollar amount is specified and to all programs for
which new budget (obligational) authority is provided,
as well as to discretionary grants and discretionary
grant allocations; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the
end of fiscal year 2020 from appropriations made available for salaries
and expenses for fiscal year 2020 in this Act, shall remain available
through September 30, 2021, for each such account for the purposes
authorized: Provided, That a request shall be submitted to the House
and Senate Committees on Appropriations for approval prior to the
expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines under section 405
of this Act.
Sec. 407. No funds in this Act may be used to support any Federal,
State, or local projects that seek to use the power of eminent domain,
unless eminent domain is employed only for a public use: Provided,
That for purposes of this section, public use shall not be construed to
include economic development that primarily benefits private entities:
Provided further, That any use of funds for mass transit, railroad,
airport, seaport or highway projects, as well as utility projects which
benefit or serve the general public (including energy-related,
communication-related, water-related and wastewater-related
infrastructure), other structures designated for use by the general
public or which have other common-carrier or public-utility functions
that serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No part of any appropriation contained in this Act shall
be available to pay the salary for any person filling a position, other
than a temporary position, formerly held by an employee who has left to
enter the Armed Forces of the United States and has satisfactorily
completed his or her period of active military or naval service, and
has within 90 days after his or her release from such service or from
hospitalization continuing after discharge for a period of not more
than 1 year, made application for restoration to his or her former
position and has been certified by the Office of Personnel Management
as still qualified to perform the duties of his or her former position
and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections
301-10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the
U.S.-E.U.-Iceland-Norway Air Transport Agreement where such approval
would contravene United States law or Article 17 bis of the U.S.-E.U.-
Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
Sec. 414. None of the funds made available in this Act may be used
to send or otherwise pay for the attendance of more than 50 employees
of a single agency or department of the United States Government, who
are stationed in the United States, at any single international
conference unless the relevant Secretary reports to the House and
Senate Committees on Appropriations at least 5 days in advance that
such attendance is important to the national interest: Provided, That
for purposes of this section the term ``international conference''
shall mean a conference occurring outside of the United States attended
by representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
Sec. 415. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section 1914
of title 28, United States Code.
Sec. 416. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and
Urban Development, or any other Federal agency to lease or purchase new
light duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 417. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds
necessary for any Federal, State, tribal, or local law enforcement
agency or any other entity carrying out criminal investigations,
prosecution, or adjudication activities.
Sec. 418. (a) None of the funds made available in this Act may be
used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector
General and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents, and
other materials in a timely manner. A department or agency shall not
withhold or delay access by the Inspector General in order to conduct
internal reviews of responsive documents, nor shall privileges
preventing release of agency documents to third parties be a basis for
withholding or delaying access to the Inspector General.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided by the
establishment over which that Inspector General has responsibilities
under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report to
the Committees on Appropriations of the House of Representatives and
the Senate within 5 calendar days any failures to comply with this
requirement. Within 5 calendar days of the Inspector General's report,
the department or agency will provide the Committees on Appropriations
of the House of Representatives and the Senate with an accounting of
timeframe and efforts by the agency to provide OIG access.
Sec. 419. None of the funds appropriated or otherwise made
available by this Act may be used to pay award or incentive fees for
contractors whose performance has been judged to be below satisfactory,
behind schedule, over budget, or has failed to meet the basic
requirements of a contract, unless the Agency determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program unless such awards or incentive fees are consistent with
16.401(e)(2) of the Federal Acquisition Regulations.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2020''.
Union Calendar No. 79
116th CONGRESS
1st Session
H. R. 3163
[Report No. 116-106]
_______________________________________________________________________
A BILL
Making appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the fiscal year
ending September 30, 2020, and for other purposes.
_______________________________________________________________________
June 6, 2019
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
Introduced in House
The House Committee on Appropriations reported an original measure, H. Rept. 116-106, by Mr. Price (NC).
The House Committee on Appropriations reported an original measure, H. Rept. 116-106, by Mr. Price (NC).
Placed on the Union Calendar, Calendar No. 79.
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