Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2019

IIB 116TH CONGRESS 1ST SESSION H. R. 267 IN THE SENATE OF THE UNITED STATES JANUARY 11, 2019 Received; read twice and referred to the Committee on Appropriations AN ACT Making appropriations for the Department of Transpor- tation, and Housing and Urban Development, and re- lated agencies for the fiscal year ending September 30, 2019, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 2 HR 267 RFS That the following sums are appropriated, out of any 1 money in the Treasury not otherwise appropriated, for the 2 Departments of Transportation, and Housing and Urban 3 Development, and related agencies for the fiscal year end- 4 ing September 30, 2019, and for other purposes, namely: 5 TITLE I—DEPARTMENT OF TRANSPORTATION 6 OFFICE OF THE SECRETARY 7 SALARIES AND EXPENSES 8 For necessary expenses of the Office of the Secretary, 9 $113,535,000, of which not to exceed $3,001,000 shall be 10 available for the immediate Office of the Secretary; not 11 to exceed $1,040,000 shall be available for the immediate 12 Office of the Deputy Secretary; not to exceed $20,428,000 13 shall be available for the Office of the General Counsel; 14 not to exceed $10,265,000 shall be available for the Office 15 of the Under Secretary of Transportation for Policy; not 16 to exceed $14,019,000 shall be available for the Office of 17 the Assistant Secretary for Budget and Programs; not to 18 exceed $2,550,000 shall be available for the Office of the 19 Assistant Secretary for Governmental Affairs; not to ex- 20 ceed $29,244,000 shall be available for the Office of the 21 Assistant Secretary for Administration; not to exceed 22 $2,142,000 shall be available for the Office of Public Af- 23 fairs; not to exceed $1,835,000 shall be available for the 24 Office of the Executive Secretariat; not to exceed 25 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 3 HR 267 RFS $12,325,000 shall be available for the Office of Intel- 1 ligence, Security, and Emergency Response; and not to ex- 2 ceed $16,686,000 shall be available for the Office of the 3 Chief Information Officer: Provided, That the Secretary 4 of Transportation is authorized to transfer funds appro- 5 priated for any office of the Office of the Secretary to any 6 other office of the Office of the Secretary: Provided fur- 7 ther, That no appropriation for any office shall be in- 8 creased or decreased by more than 5 percent by all such 9 transfers: Provided further, That notice of any change in 10 funding greater than 5 percent shall be submitted for ap- 11 proval to the House and Senate Committees on Appropria- 12 tions: Provided further, That not to exceed $60,000 shall 13 be for allocation within the Department for official recep- 14 tion and representation expenses as the Secretary may de- 15 termine: Provided further, That notwithstanding any other 16 provision of law, excluding fees authorized in Public Law 17 107–71, there may be credited to this appropriation up 18 to $2,500,000 in funds received in user fees: Provided fur- 19 ther, That none of the funds provided in this Act shall 20 be available for the position of Assistant Secretary for 21 Public Affairs. 22 RESEARCH AND TECHNOLOGY 23 For necessary expenses related to the Office of the 24 Assistant Secretary for Research and Technology, 25 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 4 HR 267 RFS $8,471,000, of which $2,218,000 shall remain available 1 until September 30, 2021: Provided, That there may be 2 credited to this appropriation, to be available until ex- 3 pended, funds received from States, counties, municipali- 4 ties, other public authorities, and private sources for ex- 5 penses incurred for training: Provided further, That any 6 reference in law, regulation, judicial proceedings, or else- 7 where to the Research and Innovative Technology Admin- 8 istration shall continue to be deemed to be a reference to 9 the Office of the Assistant Secretary for Research and 10 Technology of the Department of Transportation. 11 NATIONAL INFRASTRUCTURE INVESTMENTS 12 For capital investments in surface transportation in- 13 frastructure, $1,000,000,000, to remain available through 14 September 30, 2021: Provided, That the Secretary of 15 Transportation shall distribute funds provided under this 16 heading as discretionary grants to be awarded to a State, 17 local government, transit agency, port authority, or a col- 18 laboration among such entities on a competitive basis for 19 projects that will have a significant local or regional im- 20 pact: Provided further, That projects eligible for funding 21 provided under this heading shall include, but not be lim- 22 ited to, highway or bridge projects eligible under title 23, 23 United States Code; public transportation projects eligible 24 under chapter 53 of title 49, United States Code; pas- 25 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 5 HR 267 RFS senger and freight rail transportation projects; and port 1 infrastructure investments (including inland port infra- 2 structure and land ports of entry): Provided further, That 3 of the amount made available under this heading, the Sec- 4 retary may use an amount not to exceed $15,000,000 for 5 the planning, preparation or design of projects eligible for 6 funding under this heading: Provided further, That grants 7 awarded under the previous proviso shall not be subject 8 to a minimum grant size: Provided further, That the Sec- 9 retary may use up to 20 percent of the funds made avail- 10 able under this heading for the purpose of paying the sub- 11 sidy and administrative costs of projects eligible for Fed- 12 eral credit assistance under chapter 6 of title 23, United 13 States Code, or sections 501 through 504 of the Railroad 14 Revitalization and Regulatory Reform Act of 1976 (Public 15 Law 94–210), as amended, if the Secretary finds that 16 such use of the funds would advance the purposes of this 17 paragraph: Provided further, That in distributing funds 18 provided under this heading, the Secretary shall take such 19 measures so as to ensure an equitable geographic distribu- 20 tion of funds, an appropriate balance in addressing the 21 needs of urban and rural areas, and the investment in a 22 variety of transportation modes: Provided further, That a 23 grant funded under this heading shall be not less than 24 $5,000,000 and not greater than $25,000,000: Provided 25 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 6 HR 267 RFS further, That not more than 10 percent of the funds made 1 available under this heading may be awarded to projects 2 in a single State: Provided further, That the Federal share 3 of the costs for which an expenditure is made under this 4 heading shall be, at the option of the recipient, up to 80 5 percent: Provided further, That the Secretary shall give 6 priority to projects that require a contribution of Federal 7 funds in order to complete an overall financing package: 8 Provided further, That not less than 30 percent of the 9 funds provided under this heading shall be for projects lo- 10 cated in rural areas: Provided further, That for projects 11 located in rural areas, the minimum grant size shall be 12 $1,000,000 and the Secretary may increase the Federal 13 share of costs above 80 percent: Provided further, That 14 projects conducted using funds provided under this head- 15 ing must comply with the requirements of subchapter IV 16 of chapter 31 of title 40, United States Code: Provided 17 further, That the Secretary shall conduct a new competi- 18 tion to select the grants and credit assistance awarded 19 under this heading: Provided further, That the Secretary 20 may retain up to $25,000,000 of the funds provided under 21 this heading, and may transfer portions of those funds to 22 the Administrators of the Federal Highway Administra- 23 tion, the Federal Transit Administration, the Federal 24 Railroad Administration, and the Maritime Administra- 25 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 7 HR 267 RFS tion to fund the award and oversight of grants and credit 1 assistance made under the National Infrastructure Invest- 2 ments program: Provided further, That none of the funds 3 provided in the previous proviso may be used to hire addi- 4 tional personnel: Provided further, That the Secretary 5 shall consider and award projects based solely on the selec- 6 tion criteria from the fiscal year 2016 Notice of Funding 7 Opportunity: Provided further, That the Secretary shall 8 not use the Federal share or an applicant’s ability to gen- 9 erate non-Federal revenue as a selection criteria in award- 10 ing projects: Provided further, That the Secretary shall 11 issue the Notice of Funding Opportunity no later than 60 12 days after enactment of this Act: Provided further, That 13 the Notice of Funding Opportunity shall require applica- 14 tion submissions 90 days after the publishing of such No- 15 tice: Provided further, That of the applications submitted 16 under the previous two provisos, the Secretary shall make 17 grants no later than 270 days after enactment of this Act 18 in such amounts that the Secretary determines: Provided 19 further, That such sums provided for national infrastruc- 20 ture investments for passenger rail transportation projects 21 under title I of division C of the Consolidated and Further 22 Continuing Appropriations Act, 2012 (Public Law 112– 23 55; 125 Stat. 641), shall remain available for expenditure 24 through fiscal year 2019 for the liquidation of valid obliga- 25 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 8 HR 267 RFS tions of active grants incurred in fiscal year 2012: Pro- 1 vided further, That such sums provided for national infra- 2 structure investments for port infrastructure projects 3 under title VIII of division F of the Consolidated and Fur- 4 ther Continuing Appropriations Act, 2013 (Public Law 5 113–6; 127 Stat. 432) shall remain available through fis- 6 cal year 2020 for the liquidation of valid obligations of 7 active grants incurred in fiscal year 2013: Provided fur- 8 ther, That the 2 preceding provisos shall be applied as if 9 they were in effect on September 30, 2018: Provided fur- 10 ther, That after calculating the distribution of obligation 11 limitation for Federal-aid highways for fiscal year 2019 12 under section 120(a), the obligation limitation shall be re- 13 duced by $52,000,000 to a total of $45,216,596,000: Pro- 14 vided further, That the reduction in the preceding proviso 15 shall be applied to the obligation limitation determined 16 under section 120(a)(4) for the TIFIA program (as de- 17 fined in section 601(a) of title 23, United States Code). 18 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 19 FINANCE BUREAU 20 For necessary expenses of the National Surface 21 Transportation and Innovative Finance Bureau as author- 22 ized by 49 U.S.C. 116, $2,987,000, to remain available 23 until expended. 24 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 9 HR 267 RFS FINANCIAL MANAGEMENT CAPITAL 1 For necessary expenses for upgrading and enhancing 2 the Department of Transportation’s financial systems and 3 re-engineering business processes, $2,000,000, to remain 4 available through September 30, 2020. 5 CYBER SECURITY INITIATIVES 6 For necessary expenses for cyber security initiatives, 7 including necessary upgrades to wide area network and 8 information technology infrastructure, improvement of 9 network perimeter controls and identity management, 10 testing and assessment of information technology against 11 business, security, and other requirements, implementa- 12 tion of Federal cyber security initiatives and information 13 infrastructure enhancements, and implementation of en- 14 hanced security controls on network devices, $15,000,000, 15 to remain available through September 30, 2020. 16 OFFICE OF CIVIL RIGHTS 17 For necessary expenses of the Office of Civil Rights, 18 $9,470,000. 19 TRANSPORTATION PLANNING, RESEARCH, AND 20 DEVELOPMENT 21 For necessary expenses for conducting transportation 22 planning, research, systems development, development ac- 23 tivities, and making grants, $7,879,000, to remain avail- 24 able until expended: Provided, That of such amount, 25 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C42 with BILLS 10 HR 267 RFS $1,000,000 shall be for necessary expenses for the Inter- 1 agency Infrastructure Permitting Improvement Center 2 (IIPIC): Provided further, That there may be transferred 3 to this appropriation, to remain available until expended, 4 amounts transferred from other Federal agencies for ex- 5 penses incurred under this heading for IIPIC activities not 6 related to transportation infrastructure: Provided further, 7 That the tools and analysis developed by the IIPIC shall 8 be available to other Federal agencies for the permitting 9 and review of major infrastructure projects not related to 10 transportation only to the extent that other Federal agen- 11 cies provide funding to the Department as provided for 12 under the previous proviso. 13 WORKING CAPITAL FUND 14 For necessary expenses for operating costs and cap- 15 ital outlays of the Working Capital Fund, not to exceed 16 $203,883,000, shall be paid from appropriations made 17 available to the Department of Transportation: Provided, 18 That such services shall be provided on a competitive basis 19 to entities within the Department of Transportation: Pro- 20 vided further, That the above limitation on operating ex- 21 penses shall not apply to non-DOT entities: Provided fur- 22 ther, That no funds appropriated in this Act to an agency 23 of the Department shall be transferred to the Working 24 Capital Fund without majority approval of the Working 25 VerDate Sep 11 2014 23:21 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H267.RFS H267 kjohnson on DSK79L0C [Text truncated for display. 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