[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6072 Reported in House (RH)]
<DOC>
Union Calendar No. 584
115th CONGRESS
2d Session
H. R. 6072
[Report No. 115-750]
Making appropriations for the Department of Transportation, and Housing
and Urban Development, and related agencies for the fiscal year ending
September 30, 2019, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 12, 2018
Mr. Diaz-Balart, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for the Department of Transportation, and Housing
and Urban Development, and related agencies for the fiscal year ending
September 30, 2019, and for other purposes.
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, 2019, 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,
$112,813,000, of which not to exceed $3,001,000 shall be available for
the immediate Office of the Secretary; not to exceed $1,040,000 shall
be available for the immediate Office of the Deputy Secretary; not to
exceed $20,555,000 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
$14,019,000 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 $29,356,000 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
$1,760,000 shall be available for the Office of the Executive
Secretariat; not to exceed $11,318,000 shall be available for the
Office of Intelligence, Security, and Emergency Response; and not to
exceed $16,745,000 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 10 percent by all such transfers:
Provided further, That notice of any change in funding greater than 10
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, $7,000,000, of which $2,218,000
shall remain available until September 30, 2021: Provided, 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,
$750,000,000, to remain available through September 30, 2021:
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 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, 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 and the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading shall be not
less than $5,000,000 and not greater than $25,000,000: Provided
further, That not more than 10 percent of the 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 made available under this heading
$250,000,000 shall be for projects located in a rural area with a
population of 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 made available under this heading
$250,000,000 shall be for projects that are within the boundaries of
seaport facilities and intermodal connectors serving those facilities:
Provided further, That of the funds made available under this heading
$250,000,000 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 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 set aside not more than 3 percent of the funds
provided under this heading, and may transfer portions of such funds to
the Administrators of the Federal Highway Administration, the Federal
Transit Administration, the Federal Railroad Administration, and the
Maritime Administration for administrative costs related to awarding
and overseeing grants and credit assistance made under either the
national infrastructure investments program or programs authorized
under section 117 of title 23, United States Code: Provided further,
That the Secretary shall not use the Federal share as a selection
criteria in awarding projects: Provided further, That the Secretary
shall issue the Notice of Funding Opportunity for grants and credit
assistance awarded under this heading 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.
national surface transportation and innovative finance bureau
For necessary expenses for the administration of the National
Surface Transportation and Innovative Finance Bureau (the Bureau)
within the Office of the Secretary of Transportation, $10,000,000, to
remain available until expended: Provided, That the Secretary of
Transportation shall use such amount for the necessary expenses to
fulfill the responsibilities of the Bureau, as detailed in section 9001
of the Fixing America's Surface Transportation (FAST) Act (Public Law
114-94) (49 U.S.C. 116): Provided further, That the Secretary is
required to receive the advance approval of the House and Senate
Committees on Appropriations prior to exercising the authorities of 49
U.S.C. 116(h): Provided further, That the program be available to
other Federal agencies, States, municipalities and project sponsors
seeking Federal transportation expertise in obtaining financing.
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, 2020.
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,
$25,000,000, to remain available through September 30, 2020.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,500,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $8,000,000: 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 $203,883,000, 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.
minority business resource center program
For necessary expenses of the Minority Business Resource Center,
the provision of financial education outreach activities to eligible
transportation-related small businesses, the monitoring of existing
loans in the guaranteed loan program, and the modification of such
loans of the Minority Business Resource Center, $500,000, as authorized
by 49 U.S.C. 332; Provided, That notwithstanding that section, these
funds may be for business opportunities related to any mode of
transportation.
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, 2020: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related to any
mode of transportation.
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.
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, in addition to amounts made available by Public Law
112-95, $10,410,758,000, to remain available until September 30, 2020,
of which $9,594,758,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,840,013,000 shall be available
for air traffic organization activities; not to exceed $1,339,561,000
shall be available for aviation safety activities; not to exceed
$24,917,000 shall be available for commercial space transportation
activities; not to exceed $816,234,000 shall be available for finance
and management activities; not to exceed $60,720,000 shall be available
for NextGen and operations planning activities; not to exceed
$114,018,000 shall be available for security and hazardous materials
safety; and not to exceed $215,295,000 shall be available for staff
offices: Provided, 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 March 31 of each fiscal
year hereafter, 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 March 31
that such report has not been submitted to the Congress: Provided
further, That not later than March 31 of each fiscal year hereafter,
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 March 31 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 $168,000,000 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.
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,
$3,250,000,000, of which $515,325,000 shall remain available until
September 30, 2020, $2,591,625,000 shall remain available until
September 30, 2021, and $143,050,000 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 March 31, 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 2020 through 2024, 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, $180,000,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2021: 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.
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 2019, 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, and not less than $15,000,000 shall be
available for the Airport Cooperative Research Program, not less than
$33,194,000 shall be available for Airport Technology Research:
Provided further, That in addition to airports eligible under section
41743 of title 49, 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, 2021: 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 Federal share payable of the costs for which a grant
is made under this heading to a nonprimary airport shall be 100
percent: 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 of the amounts made available under this heading, no less
than $3,500,000 shall be made available to provide reimbursement to
airport sponsors that do not provide gateway operations and businesses
located at those airports during a temporary flight restriction for any
residence of the President that is designated or identified to be
secured by the United States Secret Service: 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.
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 2019.
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 using the factors set
forth in the Federal Aviation Administration report, Establishment and
Discontinuance Criteria for Airport Traffic Control Towers (FAA-APO-90-
7 as of August, 1990).
Sec. 119D. Notwithstanding any other provision of law, none of the
funds made available in this Act may be obligated or expended to limit
the use of an Organization Designation Authorization's (ODA) delegated
functions documented in its procedures manual on a type certification
project unless the Administrator documents a systemic airworthiness
noncompliance performance issue as a result of inspection or oversight
that the safety of air commerce requires a limitation with regard to a
specific authorization or where an ODA's capability has not been
previously established in terms of a new compliance method or design
feature: Provided, That in such cases FAA shall work with the ODA
holder if requested to develop the capability to execute that function
safely, efficiently and effectively.
Sec. 119E. None of the funds made available by this Act and
apportioned under section 47114(d) of title 49, United States Code,
shall be made available for construction of a storage building, or a
portion of such building, to shelter snow equipment in excess of
equipment needs established by standards issued by the Secretary of
Transportation that is owned by an airport categorized as a local
general aviation airport as indicated in Federal Aviation
Administration 2017- 2021 National Plan of Integrated Airport Systems
(NPIAS) report unless such airport sponsor certifies conformity with
the following:
(1) The storage building, or portion thereof, to be
constructed will be used to store snow removal equipment
exclusively used for clearing airfield pavement of snow and ice
following a weather event.
(2) The 30-year annual snowfall normal of the nearest
weather station based on the National Oceanic and Atmospheric
Administration Summary of Monthly Normals 1981-2010 exceeds 26
inches.
(3) The airport serves as a base for a medical air
ambulance transport aircraft; (d)that the airport master record
(Form 5010-1) effective on September 14, 2017 for the airport
indicates 45 based aircraft consisting of single engine,
multiple engine, and jet engine aircraft.
(4) The airport sponsor will complete design of the storage
building not later than fiscal year 2018 and initiate
construction of the storage building not later than fiscal year
2019.
(5) The area of the storage building, or portion thereof,
to be funded under this section shall not exceed 6,000 square
feet.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $446,444,304, 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 Act shall not exceed total obligations
of $45,268,596,000 for fiscal year 2019: 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, $46,007,596,000 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
$4,204,000,000: 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 2019 in this or any other Act for
``Federal-aid Highways'' under chapter 1 of title 23, United States
Code, or for the tribal transportation program under section 202 of
such title, and shall not affect the distribution or amount of funds
provided in any other Act: Provided further, That section 1101(b) of
Public Law 114-94 shall apply to funds made available under this
heading: Provided further, That of the funds made available under this
heading, $3,765,500,000 shall be set aside for activities eligible
under section 133(b)(1)(A) of title 23, United States Code,
$250,000,000 shall be set aside for activities eligible under section
148(e)(1) of such title, $30,800,000 shall be set aside for activities
eligible under the Puerto Rico Highway Program as described in section
165(b)(2)(C) of such title, $7,700,000 shall be set aside for
activities eligible under the Territorial Highway Program, as described
in section 165(c)(6) of such title, $50,000,000 shall be set aside for
the tribal transportation program under section 202 of such title, and
$100,000,000 shall be set aside for the nationally significant Federal
lands and tribal projects program under section 1123 of the Fixing
America's Surface Transportation (FAST) Act (Public Law 114-94):
Provided further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) and section 148(e)(1) of
title 23, United States Code, shall be apportioned to the States in the
same ratio as the obligation limitation for fiscal year 2019 is
distributed among the States in section 120(a)(5) of this Act:
Provided further, That the funds made available under this heading for
activities eligible under section 133(b)(1)(A) of title 23, United
States Code, 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 such title shall not apply to funds made available under this
heading: Provided further, That the funds made available under this
heading for activities eligible under section 133(b)(1)(A) and section
148(e)(1) of such title shall be administered as if apportioned under
chapter 1 of such title and shall remain available through September
30, 2022: Provided further, That the special rule described in section
148(g)(1) of such title shall not apply to funds made available under
this heading for activities eligible under section 148(e)(1) of such
title: Provided further, That, to obligate funds made available under
this heading for activities eligible under section 148(e)(1) of such
title, a State shall meet the eligibility requirement described in
section 148(c) of such title: Provided further, That projects carried
out with funds made available under this heading for activities
eligible under section 148(e)(1) of such title shall be subject to the
Federal share requirement described in section 148(j) of such title:
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, 2022: 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 tribal transportation program shall be administered as if
authorized for such program and shall remain available through
September 30, 2022: 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, 2022.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2019, 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 2019, 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 50 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. Section 127(l)(2) of title 23, United States Code, is
amended by adding at the end the following:
``(C) The William H. Natcher Parkway (to be
designated as a spur of Interstate Route 65) from
Interstate Route 65 in Bowling Green, Kentucky, to
United States Route 60 in Owensboro, Kentucky.''.
Sec. 127. Section 127(s) of title 23, United States Code, is
amended--
(1) by amending the subsection heading to read as follows:
``Natural Gas and Electric Battery Vehicles'';
(2) by inserting ``or powered primarily by means of
electric battery power'' after the first occurrence of
``natural gas'';
(3) by striking ``any vehicle weight limit'' and inserting
``the weight limit on the power unit by up to 2,000 pounds'';
and
(4) by striking all that follows ``under this section'' and
inserting a period after ``section''.
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,
$284,000,000, 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 $284,000,000
for ``Motor Carrier Safety Operations and Programs'' for fiscal year
2019, of which $9,073,000, to remain available for obligation until
September 30, 2021, is for the research and technology program, and of
which $34,824,000, to remain available for obligation until September
30, 2021, is for information management.
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, $381,800,000, 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 $381,800,000 in fiscal
year 2019 for ``Motor Carrier Safety Grants''; of which $304,300,000
shall be available for the motor carrier safety assistance program,
$32,500,000 shall be available for the commercial driver's license
program implementation program, $44,000,000 shall be available for the
high priority activities program, and $1,000,000 shall be available for
the commercial motor vehicle operators grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. The Federal Motor Carrier Safety Administration shall
send notice of 49 CFR 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. None of the funds appropriated or otherwise made
available by this Act or any other Act may be used to implement,
enforce or in any other way make effective the final rule published by
the Federal Motor Carrier Safety Administration on May 27, 2015,
entitled ``Lease and Interchange of Vehicles; Motor Carriers of
Passengers''.
Sec. 133. (a) In General.--Section 14501(c) of title 49, United
States Code, is amended--
(1) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (3) and (4)'';
(2) by redesignating paragraphs (2) through (5) as
paragraphs (3) through (6) respectively;
(3) by inserting after paragraph (1) the following:
``(2) Additional limitation.--
``(A) In general.--A State, political subdivision
of a State, or political authority of 2 or more States
may not enact or enforce a law, regulation, or other
provision having the force and effect of law
prohibiting employees whose hours of service are
subject to regulation by the Secretary under section
31502 from working to the full extent permitted or at
such times as permitted under such section, or imposing
any additional obligations on motor carriers if such
employees work to the full extent or at such times as
permitted under such section, including any related
activities regulated under part 395 of title 49, Code
of Federal Regulations.
``(B) Statutory construction.--Nothing in this
paragraph shall be construed to limit the provisions of
paragraph (1).''.
(4) in paragraph (3) (as redesignated) by striking
``Paragraph (1)--'' and inserting ``Paragraphs (1) and (2)--'';
and
(5) in paragraph (4)(A) (as redesignated) by striking
``Paragraph (1)'' and inserting ``Paragraphs (1) and (2)''.
(b) Effective Date.--The amendments made by this section shall have
the force and effect as if enacted on the date of enactment of the
Federal Aviation Administration Authorization Act of 1994 (Public Law
103-305).
Sec. 134. Section 31112(c) of title 49, United States Code, is
amended--
(1) in the subsection heading by striking ``and Kansas''
and inserting ``Kansas, and Oregon'';
(2) in paragraph (4) by striking ``and'' at the end;
(3) in paragraph (5) by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(6) Oregon may allow the operation of a truck tractor and
2 property-carrying units not in actual lawful operation on a
regular or periodic basis on June 1, 1991, if--
``(A) the length of the property-carrying units
does not exceed 82 feet 8 inches;
``(B) the combination is used only to transport
sugar beets; and
``(C) the operation occurs on United States Route
20, United States Route 26, United States Route 30, or
Oregon Route 201 in the vicinity, or between any, of--
``(i) Vale, Oregon;
``(ii) Ontario, Oregon; or
``(iii) Nyssa, Oregon.''.
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,
$204,269,000, of which $40,000,000 shall remain available through
September 30, 2020.
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, section 4011 of the Fixing America's Surface
Transportation Act (Public Law 114-94), and chapter 303 of title 49,
United States Code, $152,100,000, 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 2019, are in excess of
$152,100,000, of which $146,700,000 shall be for programs authorized
under 23 U.S.C. 403 and section 4011 of the Fixing America's Surface
Transportation Act (Public Law 114-94) and $5,400,000 shall be for the
National Driver Register authorized under chapter 303 of title 49,
United States Code: Provided further, That within the $152,100,000
obligation limitation for operations and research, $20,000,000 shall
remain available until September 30, 2020, 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, $610,208,000, 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 the total obligations for which, in fiscal year 2019, are in
excess of $610,208,000 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, of which $270,400,000 shall be for ``Highway Safety
Programs'' under 23 U.S.C. 402; $283,000,000 shall be for ``National
Priority Safety Programs'' under 23 U.S.C. 405; $30,200,000 shall be
for the ``High Visibility Enforcement Program'' under 23 U.S.C. 404;
$26,608,000 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 obligate or award funds for the National Highway Traffic Safety
Administration's National Roadside Survey.
Sec. 143. 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. 144. 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, $15,000,000, to remain available until September 30, 2020, shall
be made available to the National Highway Traffic Safety Administration
from the general fund, of which not to exceed $5,000,000 shall be
available to provide funding for grants, pilot program activities, and
innovative solutions to reduce drug-impaired-driving fatalities in
collaboration with eligible entities under section 403 of title 23,
United States Code, and 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.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $221,698,000, of which $18,000,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,600,000, to remain available until expended.
railroad rehabilitation and improvement financing program
That 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, $500,000,000, to remain available until expended:
Provided, That the Notice of Funding Opportunity for funds provided
under this heading shall be issued not later than 60 days after
enactment of this Act: 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 24911 of title 49, United States Code.
consolidated rail infrastructure and safety improvements
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants, as authorized by section 24407 of title
49, United States Code, $300,000,000, to remain available until
expended, of which $150,000,000 shall be available for eligible
projects under section 24407(c)(1) of title 49, United States Code, for
the implementation of positive train control systems: Provided, That
section 24405(f) of title 49, United States Code, shall not apply to
projects for the implementation of positive train control systems
otherwise eligible under section 24407(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 unobligated balances
remaining after four years from the date of enactment may be used for
any eligible project under section 24407(c) of title 49, United States
Code: Provided further, That the Secretary shall issue a single Notice
of Funding Opprtunity for funding provided under this heading not later
than 60 days after enactment of this Act: 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 24407 of title 49, United States Code.
magnetic levitation technology deployment program
For necessary expenses related to the deployment 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),
$150,000,000, 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),
$650,000,000, 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 each quarter within 30 days of such
quarter of the calendar year on waivers granted to employees and
amounts paid above the cap for each month within such quarter and
delineate the reasons each waiver was granted: 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 2018 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 2018 and for the three prior
calendar years.
Sec. 151. None of the fund made available by this Act shall be
used by the Surface Transportation Board to take any actions with
respect to the construction of a high speed rail project in California
unless the permit is issued by the Board with respect to the project in
its entirety.
Sec. 152. None of the funds made available by this Act may be used
for high-speed rail in the State of California or for the California
High Speed Rail Authority, nor may be used by the Federal Railroad
Administration to administer a grant agreement with the California High
Speed Rail Authority that contains a tapered matching requirement.
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, $113,165,000: Provided, That none of the funds provided
or limited in this Act may be used to create a permanent office of
transit security under this heading: Provided further, That upon
submission to the Congress of the fiscal year 2020 President's budget,
the Secretary of Transportation shall transmit to Congress the annual
report on New Starts, including proposed allocations for fiscal year
2020.
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,
and section 20005(b) of Public Law 112-141, and section 3006(b) of the
Fixing America's Surface Transportation Act, $9,900,000,000, 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, and 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 $9,939,380,030 in fiscal year 2019: Provided further,
That the Federal share of the cost of activities carried out under
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.
transit infrastructure grants
For an additional amount for buses and bus facilities grants under
section 5339 of title 49, United States Code, formula grants for rural
areas under section 5311 of such title, state of good repair grants
under section 5337 of such title, high density state apportionments
under section 5340(d) of such title, and urbanized area formula grants
under section 5307 of such title, $800,000,000 to remain available
until expended: Provided, That $350,000,000 shall be available for
grants as authorized under section 5339 of such title, of which
$300,000,000 shall be available for the buses and bus facilities
competitive grants as authorized under section 5339(b) of such title,
and $50,000,000 shall be available for the low or no emission grants as
authorized under section 5339(c) of such title: Provided further, That
$50,000,000 shall be available for formula grants for rural areas as
authorized under section 5311 of such title: Provided further, That
$200,000,000 shall be available for the state of good repair grants as
authorized under section 5337 of such title: Provided further, That
$50,000,000 shall be available for the high density state
apportionments as authorized under section 5340(d) of such title:
Provided further, That $150,000,000 shall be available for urbanized
area formula grants as authorized under section 5307 of such title:
Provided further, That amounts made available under 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.
capital investment grants
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States Code,
$2,613,650,000 to remain available until September 30, 2022: Provided,
That of the amounts made available under this heading, $2,221,602,500
shall be obligated by December 31, 2020: Provided further, That of the
amounts made available under this heading, $835,700,000 shall be
available for new fixed guideway projects, that have executed full
funding grant agreements, authorized under subsection (d) of such
section, $500,000,000 shall be available for new projects authorized
under such section, $200,000,000 shall be available for core capacity
improvement projects, that have executed full funding grant agreements,
authorized under subsection (e) of such section, $550,000,000 shall be
available for new projects authorized under such section, and
$502,150,000 shall be available for small starts projects authorized
under subsection (h) of such section: Provided further, That the
Secretary shall continue to administer the capital investment grant
program in accordance with the procedural and substantive requirements
of section 5309 of such title.
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, 2022, 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. (a) Except as provided in subsection (b), none of the
funds in this or any other Act may be available to advance in any way a
new light or heavy rail project towards a full funding grant agreement
as defined by 49 U.S.C. 5309 for the Metropolitan Transit Authority of
Harris County, Texas if the proposed capital project is constructed on
or planned to be constructed on Richmond Avenue west of South Shepherd
Drive or on Post Oak Boulevard north of Richmond Avenue in Houston,
Texas.
(b) The Metropolitan Transit Authority of Harris County, Texas, may
attempt to construct or construct a new fixed guideway capital project,
including light rail, in the locations referred to in subsection (a)
if--
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of a
comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed
guideway capital projects, including light rail for the
jurisdiction set forth in the ballot proposition. The ballot
language shall include reasonable cost estimates, sources of
revenue to be used and the total amount of bonded indebtedness
to be incurred as well as a description of each route and the
beginning and end point of each proposed transit project.
Sec. 164. Notwithstanding any other provision of law, none of the
funds made available in this Act shall be used to enter into a full
funding grant agreement for a project with a New Starts share greater
than 50 percent.
Sec. 165. None of the funds appropriated or otherwise made
available to the Federal Transit Administration under this Act may be
used in awarding any contract or subcontract for the procurement of an
asset within the mass transit and passenger rail or freight rail
subsectors included within the transportation systems sector defined by
President Policy Directive 21 (Critical Infrastructure Security and
Resilience) including rolling stock, and the ensuing regulations if the
entity is owned, directed, or subsidized by a country identified as a
priority watch list country by the United States Trade Representative
in the most recent report required under section 182 of the Trade Act
of 1974 (19 U.S.C. 2242) and is subject to monitoring by the Trade
Representative under section 306 of the Trade Act of 1974 (19 U.S.C.
2416).
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 of those portions of the St. 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
$19,000,000 shall be used on 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
For necessary expenses of operations and training activities
authorized by law, $505,228,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training ships
at State Maritime Academies, and of which $300,000,000 shall remain
available until expended for the National Security Multi-Mission Vessel
Program, including funds for construction, planning, administration,
and design of school ships in accordance with section 3505 of Public
Law 114-328, as applicable; and of which $30,000,000 shall remain
available until expended to refurbish an existing school ship; and of
which $2,400,000 shall remain available through September 30, 2020, for
the Student Incentive Program at State Maritime Academies, and of which
$1,800,000 shall remain available until expended for training ship fuel
assistance payments, and of which $18,000,000 shall remain available
until expended for facilities maintenance and repair, equipment, and
capital improvements at the United States Merchant Marine Academy, and
of which $3,000,000 shall remain available through September 30, 2019,
for Maritime Environment and Technology Assistance program authorized
under section 50307 of title 46, United States Code: Provided, That
not later than 90 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.
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.
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.
Sec. 171. (a) Foreign and Intercoastal Voyages.--Section 10313(g)
of title 46, United States Code, is amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit
by seamen'' and inserting ``each claim by a seaman'';
and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a
seaman who is a claimant in the suit,'' and inserting
``by the seaman''.
(b) Coastwise Voyages.--Section 10504(c) of such title is amended--
(1) in paragraph (2)--
(A) by striking ``all claims in a class action suit
by seamen'' and inserting ``each claim by a seaman'';
and
(B) by striking ``the seamen'' and inserting ``the
seaman''; and
(2) in paragraph (3)--
(A) by striking ``class action''; and
(B) in subparagraph (B), by striking ``, by a
seaman who is a claimant in the suit'' and inserting
``by the seaman''.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $23,000,000.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety
Administration, $59,000,000, of which $7,570,000 shall remain available
until September 30, 2021: 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, $165,000,000, to
remain available until September 30, 2021, of which $23,000,000 shall
be derived from the Oil Spill Liability Trust Fund; of which
$134,000,000 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, 2021, 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.
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, $92,152,000: 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: Provided further, That the funds
made available under this heading may be used to investigate, pursuant
to section 41712 of title 49, United States Code: (1) unfair or
deceptive practices and unfair methods of competition by domestic and
foreign air carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of this
proviso.
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. 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. 184. (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. 185. 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. 186. 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: 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 the transfer
of any such recovery to an appropriations account, 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(d)(2) of Public
Law 107-300.
Sec. 187. 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. 188. 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. 189. 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. 190. 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:
(1) 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;
(2) 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
(3) 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.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2019''.
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, $14,743,000:
Provided, That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official reception
and representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $525,657,000, of which $49,556,000 shall be available for the
Office of the Chief Financial Officer; $96,307,000 shall be available
for the Office of the General Counsel; $211,408,000 shall be available
for the Office of Administration; $45,688,000 shall be available for
the Office of the Chief Human Capital Officer; $51,822,000 shall be
available for the Office of Field Policy and Management; $18,370,000
shall be available for the Office of the Chief Procurement Officer;
$3,542,000 shall be available for the Office of Departmental Equal
Employment Opportunity; $4,197,000 shall be available for the Office of
Business Transformation; and $44,767,000 shall be available for the
Office of the Chief Information Officer: Provided, That up to
$7,500,000 may be used to fully fund the second phase of HUD's
initiative to consolidate four headquarters satellite offices into the
Robert C. Weaver Federal building: Provided further, That funds
provided under this heading may be used for necessary administrative
and non-administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized by 5
U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be used for
advertising and promotional activities that directly support program
activities funded in this title: 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.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $215,689,000.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $109,689,000.
housing
For necessary salaries and expenses of the Office of Housing,
$370,222,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $25,056,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $71,312,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $8,303,000.
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, supply services, or other shared 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, $18,476,613,000, to remain available until
expended, shall be available on October 1, 2018 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2018), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2019: Provided, That
the amounts made available under this heading are provided as follows:
(1) $20,106,613,000 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 2019 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 none of the funds provided under this paragraph
may be used to fund a total number of unit months under lease
which exceeds a public housing agency's authorized level of
units under contract, except for public housing agencies
participating in the MTW demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
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, 2019: 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 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 2019 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 2018 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 2019 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 make temporary adjustments to the
allocations for public housing agencies 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.), to avoid significant funding reductions
that would otherwise result from the disaster, upon request by
a public housing agency and supported by documentation as
required by the Secretary that demonstrates that the need for
the adjustment is due to the disaster: 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 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 (5) for public housing agencies that
have experienced increased costs or loss of units as a result
of a Presidentially declared disaster: Provided further, That
the Secretary shall allocate amounts under the previous proviso
based on need, as determined by the Secretary;
(2) $85,000,000 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 may only provide replacement
vouchers for units that were occupied within the previous 24
months 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) $1,800,000,000 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 $70,000,000 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, Veterans Affairs
Supportive Housing vouchers, vouchers assigned to participants
in the mobility demonstration authorized under section 238 of
this title, and other special purpose incremental vouchers:
Provided, That no less than $1,730,000,000 of the amount
provided in this paragraph shall be allocated to public housing
agencies for the calendar year 2019 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 shall be subject to the
same uniform percentage decrease as under the previous proviso:
Provided further, That the Secretary may make temporary
adjustments to the administrative fee eligibility
determinations for public housing agencies in an area for which
the President declared a disaster under title IV of the Robert
T. Stafford Disaster Relief and Emergency Assistance Act (41
U.S.C. 5170 et seq.), to avoid significant funding reductions
that would otherwise result from the disaster, upon request by
a public housing agency and supported by documentation as
required by the Secretary that demonstrates that the need for
the adjustment is due to the disaster: 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) $390,000,000 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 under paragraph (3) of this heading,
except for any pro rata reduction: Provided further, That any
amounts provided under this paragraph in this Act or prior
Acts, remaining available after funding renewals and
administrative expenses under this paragraph, shall be
available only for incremental tenant-based rental assistance
contracts under such section 811 for non-elderly persons with
disabilities, including necessary administrative expenses:
Provided further, That, upon turnover, section 811 special
purpose vouchers funded under this heading in this or prior
Acts, or under any other heading in prior Acts, shall be
provided to non-elderly persons with disabilities;
(5) $5,000,000 shall be for rental assistance and
associated administrative fees for Tribal HUD-VA Supportive
Housing 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-VA Supportive
Housing 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 such assistance 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) $50,000,000 shall be made available for the mobility
demonstration authorized under section 238 of this title, of
which up to $20,000,000 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
(8) 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 2019 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'') $2,750,000,000, to remain available until
September 30, 2022: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2019, 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: Provided further, That of the total amount made
available under this heading, no less than $30,000,000 shall be for
competitive grants to public housing authorities for demolition, and
the associated relocation and administrative costs of the most
distressed public housing units: Provided further, That of the total
amount made available under this heading, up to $10,000,000 shall be to
support ongoing public housing financial and physical assessment
activities: Provided further, That of the total amount made available
under this heading, up to $1,000,000 shall be to support the costs of
administrative and judicial receiverships: Provided further, That of
the total amount made available under this heading, not to exceed
$25,000,000 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 2019: Provided
further, That of the amount made available under the previous proviso,
not less than $5,000,000 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,
2020, for emergency capital needs have been processed, shall be
allocated to public housing agencies for such safety and security
measures: Provided further, That of the total amount made available
under this heading, up to $35,000,000 shall be for supportive services,
service coordinators and congregate services as authorized by section
34 of the Act (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.):
Provided further, That of the total amount made available under this
heading, $15,000,000 shall be for a Jobs-Plus initiative modeled after
the Jobs-Plus demonstration: Provided further, That funding provided
under the previous proviso shall be available for competitive grants to
partnerships between public housing authorities, local workforce
investment boards established under section 117 of the Workforce
Investment Act of 1998, 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 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 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 2019
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.
public housing operating fund
For 2019 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)), $4,550,000,000,
to remain available until September 30, 2020.
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, $150,000,000, to remain available until September 30, 2022:
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
$75,000,000 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
60 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.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000, to
remain available until September 30, 2020: 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.
native american housing block grants
(including transfer of funds)
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$655,000,000, to remain available until September 30, 2023: 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 of the amounts
made available under this heading, $7,000,000 shall be for providing
training and technical assistance to 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 further, That of the funds made available
under the previous proviso, not less than $2,000,000 shall be made
available for a national organization as authorized under section 703
of NAHASDA (25 U.S.C. 4212): Provided further, That amounts made
available under the previous two provisos may be used, contracted, or
competed as determined by the Secretary: Provided further, That of the
amount provided under this heading, $2,000,000 shall be made available
for the cost of guaranteed notes and other obligations, as authorized
by title VI of NAHASDA: Provided further, 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 $17,761,989: Provided
further, That the Department will notify grantees of their formula
allocation within 60 days of the date of enactment of this Act:
Provided further, That for an additional amount for the Native American
Housing Block Grants program, as authorized under title I of NAHASDA,
$100,000,000 to remain available until September 30, 2023: Provided
further, 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 up to 1 percent of this
additional amount may be transferred, in aggregate, to ``Program Office
Salaries and Expenses--Public and Indian Housing'' for necessary costs
of administering and overseeing the obligation and expenditure of this
additional amount: Provided further, That any funds transferred
pursuant to the previous proviso shall remain available until September
30, 2024.
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), $1,440,000, 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
$553,846,154, to remain available until expended: Provided further,
That up to $750,000 of this amount may be for administrative contract
expenses including management processes and systems to carry out the
loan guarantee program.
native hawaiian housing loan guarantee fund program account
(including rescission)
Of remaining unobligated balances, including recaptures and
carryover, from funds appropriated for the cost of guaranteed loans,
$5,000,000 is rescinded: Provided, That nothing in the previous
proviso shall limit the authority to commit new loan guarantees under
loan guarantee limitation provided in prior appropriations Acts.
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.), $393,000,000, to remain available until September 30,
2020, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2021: 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 assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,365,000,000, to remain available until September 30,
2021, unless otherwise specified: Provided, That of the total amount
provided, $3,300,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C.
5301 et seq.): Provided further, 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,
Indian tribe, 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: Provided further, That of the total
amount provided under this heading, $65,000,000 shall be for grants to
Indian tribes notwithstanding section 106(a)(1) of such Act, of which,
notwithstanding any other provision of law (including section 203 of
this Act), up to $4,000,000 may be used for emergencies that constitute
imminent threats to health and safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2019, 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.
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, $1,200,000,000, to remain available until September 30, 2022:
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 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.
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, $50,000,000, to remain available
until September 30, 2021: 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,
$35,000,000 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,
$2,571,000,000, to remain available until September 30, 2021:
Provided, That any rental assistance amounts that are recaptured under
such Continuum of Care program shall remain available until expended:
Provided further, That not less than $270,000,000 of the funds
appropriated under this heading shall be available for such Emergency
Solutions Grants program: Provided further, That not less than
$2,204,000,000 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, 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 of the amounts
made available under this heading, $40,000,000 shall be made available
for grants for rapid re-housing projects targeted to reducing
unsheltered homelessness in areas with high rates of unsheltered
homelessness: Provided further, That all funds awarded for supportive
services under the Continuum of Care program and the Rural Housing
Stability Assistance program shall be matched by not less than 25
percent in cash or in kind by each grantee: Provided further, That for
all match requirements applicable to funds made available under this
heading for this fiscal year and prior 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 the Secretary shall collect system performance
measures for each continuum of care, and that relative to fiscal year
2015, under the Continuum of Care competition with respect to funds
made available under this heading, the Secretary shall base an
increasing share of the score on performance criteria: 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 2019:
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.
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,
$11,347,000,000, to remain available until expended, shall be available
on October 1, 2018 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2018),
and $400,000,000, to remain available until expended, shall be
available on October 1, 2019: 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 $200,000,000 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 of Housing and Urban Development
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 of Housing and
Urban Development, 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 amendments to capital advance contracts for housing for the
elderly, as authorized by section 202 of the Housing Act of 1959, as
amended, and 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, and 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, $678,000,000 to
remain available until September 30, 2022: Provided, That of the
amount provided under this heading, up to $90,000,000 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 of Housing and
Urban Development, project funds that are held in residual receipts
accounts for any project subject to a section 202 project rental
assistance contract, and that 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 be
available until September 30, 2022: Provided further, That amounts
deposited in this account pursuant to the previous proviso may 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 notwithstanding the purposes for
which such funds originally were appropriated.
housing for persons with disabilities
For 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, and for project rental assistance for supportive housing for
persons with disabilities under section 811(d)(2) of such Act and 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, $154,000,000, to remain available until September 30, 2022:
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, in this fiscal year, upon the request of the Secretary
of Housing and Urban Development, project funds that are held in
residual receipts accounts for any project subject to a section 811
project rental assistance contract and that 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
be available until September 30, 2022: 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 notwithstanding 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, $56,000,000, to remain available until September
30, 2020, 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, $5,000,000, 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 $12,000,000, to remain available until expended, of
which $12,000,000 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 2019 so as to result
in a final fiscal year 2019 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 2019
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, 2020: Provided, That during
fiscal year 2019, 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, 2020: Provided further, That
to the extent guaranteed loan commitments exceed $200,000,000,000 on or
before April 1, 2019, 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 during fiscal year
2019 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.
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, 2020: Provided,
That during fiscal year 2019, 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, 2020: Provided, That $24,400,000 shall be available 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, 2019, 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, not
otherwise provided for, 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, $92,000,000, to remain available
until September 30, 2020: Provided, 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, 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,
$65,300,000, to remain available until September 30, 2020: Provided,
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 no funds made available under this
heading shall be used to lobby the executive or legislative branches of
the Federal Government in connection with a specific contract, grant,
or loan: Provided further, That of the funds made available under this
heading, $300,000 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,
$230,000,000, to remain available until September 30, 2020, of which
$45,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
that 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 the 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 each recipient of funds provided under the
previous proviso shall contribute an amount not less than 25 percent of
the total: 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, and that still remain 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.
Information Technology Fund
For the development, modernization, and enhancement of,
modifications to, and infrastructure for Department-wide and program-
specific information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance activities,
$240,000,000 to remain available until September 30, 2020: 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,
$128,082,000: 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 rescission)
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 2019 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 2019 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
2020, 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 2019 and
2020, 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 the limitation in the first sentence of
section 255(g) of the National Housing Act (12 U.S.C. 1715z-20(g)), the
Secretary of Housing and Urban Development may, until September 30,
2019, insure and enter into commitments to insure mortgages under such
section 255.
Sec. 214. Notwithstanding any other provision of law, in fiscal
year 2019, 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. 215. The commitment authority funded by fees as provided
under the heading ``Community Development Loan Guarantees Program
Account'' 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 section 108 of the Housing and Community Development
Act of 1974: Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such guarantee to the
units of general local government in non-entitlement areas that
received the commitment.
Sec. 216. 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. 217. 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. 218. 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 sub-office under the accounts ``Executive
Offices'' and ``Administrative Support Offices,'' as well as each
account receiving appropriations for ``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. 219. The Secretary of the Department of Housing and Urban
Development shall, for fiscal year 2019, 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 2019, 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. 220. 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. 221. 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 account
under the general 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. 222. (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. 223. 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 2019.
Sec. 224. Notwithstanding section 24(o) of the United States
Housing Act of 1937 (42 U.S.C. 1437v(o)), the Secretary of Housing and
Urban Development may, until September 30, 2019, obligate any available
unobligated balances made available under the heading ``Choice
Neighborhoods Initiative'' in this Act or any prior Act.
Sec. 225. 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. 226. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 227. 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. 228. 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. 229. 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. 230. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot,
for any employee of the Department of Housing and Urban Development who
has been subject to a final administrative discipline decision in the
preceding two years, including suspension from work.
Sec. 231. 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 years 2018 and 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. 232. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2016, 2017, 2018, and
2019 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. 233. (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. 234. 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. 235. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing 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, or 2021 under that section. 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, or 2021 under that section.
Sec. 236. None of the funds made available under this Act may be
used to interfere with State and local inspections of public housing
dwelling units.
Sec. 237. Amounts made available in title II of division K of the
Consolidated Appropriations Resolution, 2003 (Public Law 108-7) under
the heading ``Indian Housing Loan Guarantee Fund Program Account'' for
necessary expenses of the Land Title Report Commission are rescinded.
Sec. 238. (a) Authority.--The Secretary of Housing and Urban
Development (in this section referred to as the ``Secretary'') may
carry out a mobility demonstration program to enable public housing
agencies to administer housing choice voucher assistance under section
8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) in a
manner designed to encourage families receiving such voucher assistance
to move to lower-poverty areas and expand access to opportunity areas.
(b) Selection of PHAs.--
(1) Requirements.--The Secretary shall establish
requirements for public housing agencies to participate in the
demonstration program under this section, which shall provide
that the following public housing agencies may participate:
(A) Public housing agencies that together--
(i) serve areas with high concentrations of
holders of rental assistance vouchers under
section 8(o) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(o)) in poor, low-
opportunity neighborhoods; and
(ii) have an adequate number of moderately
priced rental units in higher-opportunity
areas.
(B) Planned consortia or partial consortia of
public housing agencies that--
(i) include at least one agency with a
high-performing Family Self-Sufficiency (FSS)
program; and
(ii) will enable participating families to
continue in such program if they relocate to
the jurisdiction served by any other agency of
the consortium.
(C) Planned consortia or partial consortia of
public housing agencies that--
(i) serve jurisdictions within a single
region;
(ii) include one or more small agencies;
and
(iii) will consolidate mobility focused
operations.
(D) Such other public housing agencies as the
Secretary considers appropriate.
(2) Selection criteria.--The Secretary shall establish
competitive selection criteria for public housing agencies
eligible under paragraph (1) to participate in the
demonstration program under this section.
(3) Random selection of families.--The Secretary may
require participating agencies to use a randomized selection
process to select among the families eligible to receive
mobility assistance under the demonstration program.
(c) Regional Housing Mobility Plan.--The Secretary shall require
each public housing agency applying to participate in the demonstration
program under this section to submit a Regional Housing Mobility Plan
(in this section referred to as a ``Plan''), which shall--
(1) identify the public housing agencies that will
participate under the Plan and the number of vouchers each
participating agency will make available out of their existing
programs in connection with the demonstration;
(2) identify any community-based organizations, nonprofit
organizations, businesses, and other entities that will
participate under the Plan and describe the commitments for
such participation made by each such entity;
(3) identify any waivers or alternative requirements
requested for the execution of the Plan;
(4) identify any specific actions that the public housing
agencies and other entities will undertake to accomplish the
goals of the demonstration, which shall include a comprehensive
approach to enable a successful transition to opportunity areas
and may include counseling and continued support for families;
(5) specify the criteria that the public housing agencies
would use to identify opportunity areas under the plan;
(6) provide for establishment of priority and preferences
for participating families, including a preference for families
with young children, as such term is defined by the Secretary,
based on regional housing needs and priorities; and
(7) comply with any other requirements established by the
Secretary.
(d) Funding for Mobility-Related Services.--
(1) Use of administrative fees.--Public housing agencies
participating in the demonstration program under this section
may use administrative fees under section 8(q) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(q)), their
administrative fee reserves, and funding from private entities
to provide mobility-related services in connection with the
demonstration program, including services such as counseling,
portability coordination, landlord outreach, security deposits,
and administrative activities associated with establishing and
operating regional mobility programs.
(2) Use of housing assistance funds.--Public housing
agencies participating in the demonstration under this section
may use housing assistance payments funds under section 8(o) of
the United States Housing Act of 1937 (42 U.S.C. 1437f(o)) for
security deposits if necessary to enable families to lease
units with vouchers in designated opportunity areas.
(e) Waivers; Alternative Requirements.--
(1) Waivers.--To allow for public housing agencies to
implement and administer their Regional Housing Mobility Plans,
the Secretary may waive or specify alternative requirements for
the following provisions of the United States Housing Act of
1937:
(A) Sections 8(o)(7)(A) and 8(o)(13)(E)(i)
(relating to the term of a lease and mobility
requirements).
(B) Section 8(o)(13)(C)(i) (relating to the public
housing plan for an agency).
(C) Section 8(r)(2) (relating to the responsibility
of a public housing agency to administer ported
assistance).
(2) Alternative requirements.--The Secretary shall provide
additional authority for public housing agencies in a selected
region to form a consortium that has a single housing choice
voucher funding contract, or to enter into a partial consortium
to operate all or portions of the Regional Housing Mobility
Plan, including agencies participating in the Moving To Work
Demonstration program.
(3) Effective date.--Any waiver or alternative requirements
pursuant to this subsection shall not take effect before the
expiration of the 10-day period beginning upon publication of
notice of such waiver or alternative requirement in the Federal
Register.
(f) Implementation.--The Secretary may implement the demonstration,
including its terms, procedures, requirements, and conditions, by
notice.
(g) Evaluation.--Not later than five years after implementation of
the regional housing mobility programs under the demonstration program
under this section, the Secretary shall submit to the Congress and
publish in the Federal Register a report evaluating the effectiveness
of the strategies pursued under the demonstration, subject to the
availability of funding to conduct the evaluation. Through official
websites and other methods, the Secretary shall disseminate interim
findings as they become available, and shall, if promising strategies
are identified, notify the Congress of the amount of funds that would
be required to expand the testing of these strategies in additional
types of public housing agencies and housing markets.
Sec. 239. Section 221 of the Department of Housing and Urban
Development Appropriations Act, 2015 (42 U.S.C. 1437f-1; Public Law
113-235; 128 Stat 2754) is repealed.
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2019''.
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, $27,490,000: 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 2020, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget request
for fiscal year 2020 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), $150,000,000, 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 2019, 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,
$3,600,000.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
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 2019, 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 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 the budget appendix for the
respective appropriation; 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 2019 from appropriations made available for salaries
and expenses for fiscal year 2019 in this Act, shall remain available
through September 30, 2020, 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. (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. 417. (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.
(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.
spending reduction account
Sec. 418. $0.
This Act may be cited as the ``Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2019''.
Union Calendar No. 584
115th CONGRESS
2d Session
H. R. 6072
[Report No. 115-750]
_______________________________________________________________________
A BILL
Making appropriations for the Department of Transportation, and Housing
and Urban Development, and related agencies for the fiscal year ending
September 30, 2019, and for other purposes.
_______________________________________________________________________
June 12, 2018
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed