Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2020, and for other purposes.

IB Union Calendar No. 79 116TH CONGRESS 1ST SESSION H. R. 3163 [Report No. 116–106] Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2020, and for other purposes. IN THE HOUSE OF REPRESENTATIVES JUNE 6, 2019 Mr. PRICE, from the Committee on Appropriations, reported the following bill; which was committed to the Committee of the Whole House on the State of the Union and ordered to be printed A BILL Making appropriations for the Departments of Transpor- tation, and Housing and Urban Development, and re- lated agencies for the fiscal year ending September 30, 2020, 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 That the following sums are appropriated, out of any 3 money in the Treasury not otherwise appropriated, for the 4 Departments of Transportation, and Housing and Urban 5 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 2 •HR 3163 RH Development, and related agencies for the fiscal year end- 1 ing September 30, 2020, and for other purposes, namely: 2 TITLE I 3 DEPARTMENT OF TRANSPORTATION 4 OFFICE OF THE SECRETARY 5 SALARIES AND EXPENSES 6 For necessary expenses of the Office of the Secretary, 7 $113,910,000, of which not to exceed $3,065,000 shall be 8 available for the immediate Office of the Secretary; not 9 to exceed $1,000,000 shall be available for the immediate 10 Office of the Deputy Secretary; not to exceed $20,428,000 11 shall be available for the Office of the General Counsel; 12 not to exceed $10,331,000 shall be available for the Office 13 of the Under Secretary of Transportation for Policy; not 14 to exceed $14,300,000 shall be available for the Office of 15 the Assistant Secretary for Budget and Programs; not to 16 exceed $2,546,000 shall be available for the Office of the 17 Assistant Secretary for Governmental Affairs; not to ex- 18 ceed $29,244,000 shall be available for the Office of the 19 Assistant Secretary for Administration; not to exceed 20 $2,142,000 shall be available for the Office of Public Af- 21 fairs; not to exceed $1,859,000 shall be available for the 22 Office of the Executive Secretariat; not to exceed 23 $12,181,000 shall be available for the Office of Intel- 24 ligence, Security, and Emergency Response; and not to ex- 25 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 3 •HR 3163 RH ceed $16,814,000 shall be available for the Office of the 1 Chief Information Officer: Provided, That the Secretary 2 of Transportation is authorized to transfer funds appro- 3 priated for any office of the Office of the Secretary to any 4 other office of the Office of the Secretary: Provided fur- 5 ther, That no appropriation for any office shall be in- 6 creased or decreased by more than 7 percent by all such 7 transfers: Provided further, That notice of any change in 8 funding greater than 7 percent shall be submitted for ap- 9 proval to the House and Senate Committees on Appropria- 10 tions: Provided further, That not to exceed $60,000 shall 11 be for allocation within the Department for official recep- 12 tion and representation expenses as the Secretary may de- 13 termine: Provided further, That notwithstanding any other 14 provision of law, excluding fees authorized in Public Law 15 107–71, there may be credited to this appropriation up 16 to $2,500,000 in funds received in user fees: Provided fur- 17 ther, That none of the funds provided in this Act shall 18 be available for the position of Assistant Secretary for 19 Public Affairs. 20 RESEARCH AND TECHNOLOGY 21 For necessary expenses related to the Office of the 22 Assistant Secretary for Research and Technology, 23 $42,948,000, of which $21,166,000 shall remain available 24 until September 30, 2022, and of which $15,000,000, to 25 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 4 •HR 3163 RH remain available until expended, is for new competitive 1 grants under section 5505 of title 49, United States Code, 2 for Tier I University Transportation Centers: Provided, 3 That such amounts are in addition to amounts previously 4 provided for such program: Provided further, That section 5 5505(c)(4)(A) of title 49, United States Code, shall not 6 apply to amounts for additional Tier I University Trans- 7 portation Centers provided under this heading: Provided 8 further, That there may be credited to this appropriation, 9 to be available until expended, funds received from States, 10 counties, municipalities, other public authorities, and pri- 11 vate sources for expenses incurred for training: Provided 12 further, That any reference in law, regulation, judicial pro- 13 ceedings, or elsewhere to the Research and Innovative 14 Technology Administration shall continue to be deemed to 15 be a reference to the Office of the Assistant Secretary for 16 Research and Technology of the Department of Transpor- 17 tation. 18 NATIONAL INFRASTRUCTURE INVESTMENTS 19 For capital investments in surface transportation in- 20 frastructure, $1,000,000,000, to remain available through 21 September 30, 2022: Provided, That the Secretary of 22 Transportation shall distribute funds provided under this 23 heading as discretionary grants to be awarded to a State, 24 local government, transit agency, port authority, or a col- 25 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 5 •HR 3163 RH laboration among such entities on a competitive basis for 1 projects that will have a significant local or regional im- 2 pact: Provided further, That projects eligible for funding 3 provided under this heading shall include, but not be lim- 4 ited to, highway or bridge projects eligible under title 23, 5 United States Code; public transportation projects eligible 6 under chapter 53 of title 49, United States Code; pas- 7 senger and freight rail transportation projects; and port 8 infrastructure investments (including inland port infra- 9 structure and land ports of entry): Provided further, That 10 of the amount made available under this heading, the Sec- 11 retary shall use $15,000,000 for the planning, preparation 12 or design of projects eligible for funding under this head- 13 ing, with an emphasis on transit, transit oriented develop- 14 ment, and multimodal projects: Provided further, That of 15 the amount made available under this heading, the Sec- 16 retary shall use $20,000,000 for the planning, preparation 17 or design of projects eligible for funding under this head- 18 ing located in areas of persistent poverty: Provided further, 19 That the term persistent poverty means any county that 20 has had 20 percent or more of its population living in pov- 21 erty over the past 30 years, as measured by the 1990 and 22 2000 decennial census and the most recent Small Area 23 Income and Poverty Estimates, or any census tract with 24 a poverty rate of at least 20 percent as measured by the 25 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 6 •HR 3163 RH 2013-2017 five-year data series available from the Amer- 1 ican Community Survey of the Census Bureau: Provided 2 further, That grants awarded under the previous three 3 provisos shall not be subject to a minimum grant size: Pro- 4 vided further, That the Secretary may use up to 20 per- 5 cent of the funds made available under this heading for 6 the purpose of paying the subsidy and administrative costs 7 of projects eligible for Federal credit assistance under 8 chapter 6 of title 23, United States Code, or sections 501 9 through 504 of the Railroad Revitalization and Regulatory 10 Reform Act of 1976 (Public Law 94–210), as amended, 11 if the Secretary finds that such use of the funds would 12 advance the purposes of this paragraph: Provided further, 13 That in distributing funds provided under this heading, 14 the Secretary shall take such measures so as to ensure 15 an equitable geographic distribution of funds, an equitable 16 distribution of funds between urban and rural areas, and 17 the investment in a variety of transportation modes, in- 18 cluding public transit, passenger rail, and pedestrian im- 19 provements: Provided further, That a grant funded under 20 this heading shall be not less than $5,000,000 and not 21 greater than $50,000,000: Provided further, That not 22 more than 15 percent of the funds made available under 23 this heading may be awarded to projects in a single State: 24 Provided further, That the Federal share of the costs for 25 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 7 •HR 3163 RH which an expenditure is made under this heading shall be, 1 at the option of the recipient, up to 80 percent: Provided 2 further, That the Secretary shall give priority to projects 3 that require a contribution of Federal funds in order to 4 complete an overall financing package: Provided further, 5 That of the funds awarded under this heading not more 6 than 50 percent shall be for projects located in a rural 7 area with a population equal to or less than 200,000: Pro- 8 vided further, That for projects located in a rural area, 9 the minimum grant size shall be $1,000,000 and the Sec- 10 retary may increase the Federal share of costs above 80 11 percent: Provided further, That of the funds awarded 12 under this heading not more than 50 percent shall be for 13 projects located in an urbanized area with a population 14 of more than 200,000: Provided further, That funds for 15 an urbanized area under the previous proviso may be obli- 16 gated to projects in the metropolitan area established 17 under section 134 of title 23, United States Code, that 18 encompasses such urbanized area: Provided further, That 19 the Secretary shall consider the benefits of a project on 20 urban and rural areas to the fullest extent to include all 21 relevant geographic areas: Provided further, That projects 22 conducted using funds provided under this heading must 23 comply with the requirements of subchapter IV of chapter 24 31 of title 40, United States Code: Provided further, That 25 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 8 •HR 3163 RH the Secretary shall conduct a new competition to select 1 the grants and credit assistance awarded under this head- 2 ing: Provided further, That the Secretary may retain up 3 to $25,000,000 of the funds provided under this heading, 4 and may transfer portions of those funds to the Adminis- 5 trators of the Federal Highway Administration, the Fed- 6 eral Transit Administration, the Federal Railroad Admin- 7 istration, and the Maritime Administration to fund the 8 award and oversight of grants and credit assistance made 9 under the National Infrastructure Investments program: 10 Provided further, That the Secretary shall consider and 11 award projects based solely on the selection criteria from 12 the fiscal year 2017 Notice of Funding Opportunity: Pro- 13 vided further, That, notwithstanding the previous proviso, 14 the Secretary shall not use the Federal share or an appli- 15 cant’s ability to generate non-Federal revenue as a selec- 16 tion criteria in awarding projects: Provided further, That 17 the Secretary shall issue the Notice of Funding Oppor- 18 tunity no later than 60 days after enactment of this Act: 19 Provided further, That such Notice of Funding Oppor- 20 tunity shall require application submissions 90 days after 21 the publishing of such Notice: Provided further, That of 22 the applications submitted under the previous two pro- 23 visos, the Secretary shall make grants no later than 270 24 days after enactment of this Act in such amounts that 25 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 9 •HR 3163 RH the Secretary determines: Provided further, That such 1 sums provided for national infrastructure investments for 2 multimodal safety projects under title VIII of division F 3 of the Consolidated and Further Continuing Appropria- 4 tions Act, 2013 (Public Law 113–6; 127 Stat. 432) shall 5 remain available through fiscal year 2024 for the liquida- 6 tion of valid obligations of active grants awarded with this 7 funding: Provided further, That the preceding proviso shall 8 be applied as if it were in effect on September 30, 2019. 9 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 10 FINANCE BUREAU 11 For necessary expenses of the National Surface 12 Transportation and Innovative Finance Bureau as author- 13 ized by 49 U.S.C. 116, $5,000,000, to remain available 14 until expended: Provided, That the Secretary shall notify 15 the House and Senate Committees on Appropriations no 16 less than 15 days prior to exercising the transfer authority 17 granted under section 116(h) of title 49, United States 18 Code. 19 FINANCIAL MANAGEMENT CAPITAL 20 For necessary expenses for upgrading and enhancing 21 the Department of Transportation’s financial systems and 22 re-engineering business processes, $2,000,000, to remain 23 available through September 30, 2021. 24 VerDate Sep 11 2014 21:25 Jun 06, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H3163.RH H3163 pamtmann on DSKBFK8HB2PROD with BILLS 10 •HR 3163 RH CYBER SECURITY INITIATIVES 1 For necessary expenses for cyber security initiatives, 2 including necessary upgrades to wide area network and 3 information technology infrastructure, improvement of 4 network perimeter controls and identity management, 5 testing and assessment of information technology against 6 business, security, and other requirements, implementa- 7 tion of Federal cyber security initiatives and information 8 infrastructure enhancements, and implementation of en- 9 hanced security controls on network devices, $15,000,000, 10 to remain available through September 30, 2021. 11 OFFICE OF CIVIL RIGHTS 12 For necessary expenses of the Office of Civil Rights, 13 $9,470,000. 14 TRANSPORTATION PLANNING, RESEARCH, AND 15 DEVELOPMENT 16 For necessary expenses for conducting transportation 17 planning, research, systems development, development ac- 18 tivities, and making gr [Text truncated for display. Full text available on Congress.gov.]