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

II Calendar No. 209 116TH CONGRESS 1ST SESSION S. 2520 [Report No. 116–109] 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 SENATE OF THE UNITED STATES SEPTEMBER 19, 2019 Ms. COLLINS, from the Committee on Appropriations, reported the following original bill; which was read twice and placed on the calendar 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 2 •S 2520 RS 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 3 •S 2520 RS 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 $8,000,000, of which $2,218,000 shall remain available 24 until September 30, 2022: Provided, That there may be 25 4 •S 2520 RS credited to this appropriation, to be available until ex- 1 pended, funds received from States, counties, municipali- 2 ties, other public authorities, and private sources for ex- 3 penses incurred for training: Provided further, That any 4 reference in law, regulation, judicial proceedings, or else- 5 where to the Research and Innovative Technology Admin- 6 istration shall continue to be deemed to be a reference to 7 the Office of the Assistant Secretary for Research and 8 Technology of the Department of Transportation: Pro- 9 vided further, That of the amount made available under 10 this heading, $1,000,000 shall be to establish an emer- 11 gency planning transportation data initiative to conduct 12 research and develop models for data integration of geo- 13 located weather and roadways information for emergency 14 and other severe weather conditions to improve public 15 safety and emergency evacuation and response capabili- 16 ties. 17 NATIONAL INFRASTRUCTURE INVESTMENTS 18 For capital investments in surface transportation in- 19 frastructure, $1,000,000,000, to remain available through 20 September 30, 2022: Provided, That the Secretary of 21 Transportation shall distribute funds provided under this 22 heading as discretionary grants to be awarded to a State, 23 local government, transit agency, port authority, or a col- 24 laboration among such entities on a competitive basis for 25 5 •S 2520 RS projects that will have a significant local or regional im- 1 pact: Provided further, That projects eligible for funding 2 provided under this heading shall include, but not be lim- 3 ited to, highway or bridge projects eligible under title 23, 4 United States Code; public transportation projects eligible 5 under chapter 53 of title 49, United States Code; pas- 6 senger and freight rail transportation projects; port infra- 7 structure investments (including inland port infrastruc- 8 ture and land ports of entry); and projects investing in 9 surface transportation facilities that are located on tribal 10 land and for which title or maintenance responsibility is 11 vested in the Federal Government: Provided further, That 12 of the amount made available under this heading, the Sec- 13 retary may use an amount not to exceed $15,000,000 for 14 the planning, preparation or design of projects eligible for 15 funding under this heading: Provided further, That grants 16 awarded under the previous proviso shall not be subject 17 to a minimum grant size: Provided further, That the Sec- 18 retary may use up to 20 percent of the funds made avail- 19 able under this heading for the purpose of paying the sub- 20 sidy and administrative costs of projects eligible for Fed- 21 eral credit assistance under chapter 6 of title 23, United 22 States Code, or sections 501 through 504 of the Railroad 23 Revitalization and Regulatory Reform Act of 1976 (Public 24 Law 94–210), as amended, if the Secretary finds that 25 6 •S 2520 RS such use of the funds would advance the purposes of this 1 paragraph: Provided further, That in distributing funds 2 provided under this heading, the Secretary shall take such 3 measures so as to ensure an equitable geographic distribu- 4 tion of funds, an appropriate balance in addressing the 5 needs of urban and rural areas, and the investment in a 6 variety of transportation modes: Provided further, That a 7 grant funded under this heading shall be not less than 8 $5,000,000 and not greater than $25,000,000: Provided 9 further, That not more than 10 percent of the funds made 10 available under this heading may be awarded to projects 11 in a single State: Provided further, That the Federal share 12 of the costs for which an expenditure is made under this 13 heading shall be, at the option of the recipient, up to 80 14 percent: Provided further, That the Secretary shall give 15 priority to projects that require a contribution of Federal 16 funds in order to complete an overall financing package: 17 Provided further, That not less than 30 percent of the 18 funds provided under this heading shall be for projects lo- 19 cated in rural areas: Provided further, That for projects 20 located in a rural area, the minimum grant size shall be 21 $1,000,000 and the Secretary may increase the Federal 22 share of costs above 80 percent: Provided further, That 23 projects conducted using funds provided under this head- 24 ing must comply with the requirements of subchapter IV 25 7 •S 2520 RS of chapter 31 of title 40, United States Code: Provided 1 further, That the Secretary shall conduct a new competi- 2 tion to select the grants and credit assistance awarded 3 under this heading: Provided further, That the Secretary 4 may retain up to three percent of the funds provided 5 under this heading, and may transfer portions of those 6 funds to the Administrators of the Federal Highway Ad- 7 ministration, the Federal Transit Administration, the 8 Federal Railroad Administration, and the Maritime Ad- 9 ministration to fund the award and oversight of grants 10 and credit assistance made under the National Infrastruc- 11 ture Investments program: Provided further, That none of 12 the funds provided in the previous proviso may be used 13 to hire additional personnel: Provided further, That the 14 Secretary shall consider and award projects based solely 15 on the selection criteria from the fiscal year 2017 Notice 16 of Funding Opportunity: Provided further, That, notwith- 17 standing the previous proviso, the Secretary shall not use 18 the Federal share or an applicant’s ability to generate 19 non-Federal revenue as a selection criteria in awarding 20 projects: Provided further, That the Secretary shall issue 21 the Notice of Funding Opportunity no later than 60 days 22 after enactment of this Act: Provided further, That such 23 Notice of Funding Opportunity shall require application 24 submissions 90 days after the publishing of such Notice: 25 8 •S 2520 RS Provided further, That of the applications submitted under 1 the previous two provisos, the Secretary shall make grants 2 no later than 270 days after enactment of this Act in such 3 amounts that the Secretary determines. 4 NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 5 FINANCE BUREAU 6 For necessary expenses of the National Surface 7 Transportation and Innovative Finance Bureau as author- 8 ized by 49 U.S.C. 116, $5,000,000, to remain available 9 until expended: Provided, That the Secretary shall notify 10 the House and Senate Committees on Appropriations no 11 less than 15 days prior to exercising the transfer authority 12 granted under section 116(h) of title 49, United States 13 Code. 14 FINANCIAL MANAGEMENT CAPITAL 15 For necessary expenses for upgrading and enhancing 16 the Department of Transportation’s financial systems and 17 re-engineering business processes, $2,000,000, to remain 18 available through September 30, 2021. 19 CYBER SECURITY INITIATIVES 20 For necessary expenses for cyber security initiatives, 21 including necessary upgrades to wide area network and 22 information technology infrastructure, improvement of 23 network perimeter controls and identity management, 24 testing and assessment of information technology against 25 9 •S 2520 RS business, security, and other requirements, implementa- 1 tion of Federal cyber security initiatives and information 2 infrastructure enhancements, and implementation of en- 3 hanced security controls on network devices, $15,000,000, 4 to remain available through September 30, 2021. 5 OFFICE OF CIVIL RIGHTS 6 For necessary expenses of the Office of Civil Rights, 7 $9,470,000. 8 TRANSPORTATION PLANNING, RESEARCH, AND 9 DEVELOPMENT 10 For necessary expenses for conducting transportation 11 planning, research, systems development, development ac- 12 tivities, and making grants, $7,879,000, to remain avail- 13 able until expended: Provided, That of such amount, 14 $1,000,000 shall be for necessary expenses of the Inter- 15 agency Infrastructure Permitting Improvement Center 16 (IIPIC): Provided further, That there may be transferred 17 to this appropriation, to remain available until expended, 18 amounts transferred from other Federal agencies for ex- 19 penses incurred under this heading for IIPIC activities not 20 related to transportation infrastructure: Provided further, 21 That the tools and analysis developed by the IIPIC shall 22 be available to other Federal agencies for the permitting 23 and review of major infrastructure projects not related to 24 transportation only to the extent that other Federal agen- 25 10 •S 2520 RS cies provide funding to the Department as provided for 1 under the previous proviso. 2 WORKING CAPITAL FUND 3 For necessary expenses for operating costs and cap- 4 ital outlays of the Working Capital Fund, not to exceed 5 $319,793,000, shall be paid from appropriations made 6 available to the Department of Transportation: Provided, 7 That such services shall be provided on a competitive basis 8 to entities within the Department of Transportation: Pro- 9 vided further, That the above limitation on operating ex- 10 penses shall not apply to non-DOT entities: Provided fur- 11 ther, That no funds appropriated in this Act to an agency 12 of the Department shall be transferred to the Working 13 Capital Fund without majority approval of the Working 14 Capital Fund Steering Committee and approval of the 15 Secretary: Provided further, That no assessments may be 16 levied against any program, budget activity, subactivity or 17 project funded by this Act unless notice of such assess- 18 ments and the basis therefor are presented to the House 19 and Senate Committees on Appropriations and are ap- 20 proved by such Committees. 21 SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND 22 OUTREACH 23 For necessary expenses for small and disadvantaged 24 business utilization and outreach activities, $3,488,000, to 25 11 •S 2520 RS remain available until September 30, 2021: Provided, 1 That notwithstanding 49 U.S.C. 332, these funds may be 2 used for business opportunities related to any mode of 3 transportation. 4 PAYMENTS TO AIR CARRIERS 5 (AIRPORT AND AIRWAY TRUST FUND) 6 In addition to funds made available from any other 7 source to carry out the essential air service program under 8 49 U.S.C. 41731 through 41742, $162,000,000, to be de- 9 rived from the Airport and Airway Trust Fund, to remain 10 available until expended: Provided, That in determining 11 between or among carriers competing to provide service 12 to a community, the Secretary may consider the relative 13 subsidy requirements of the carriers: Provided further, 14 That basic essential air service minimum requirements 15 shall not include the 15-passenger capacity requirement 16 under section 41732(b)(3) of title 49, United States Code: 17 Provided further, That none of the funds in this Act or 18 any other Act shall be used to enter into a new contract 19 with a community located less than 40 miles from the 20 nearest small hub airport before the Secretary has nego- 21 tiat [Text truncated for display. 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