[committee print]9 of the office of the secretary: provided further, that no 10 appropriation for...

U:\2021REPT\12Rept\Bill\THUDFY21.xml SEN. APPRO.

II

[COMMITTEE PRINT]

NOTICE: This bill is a draft for use of the Committee and its Staff only, in preparation for markup.

Calendar No. 000 116TH CONGRESS

2D SESSION S. 0000 [Report No. 116–000]

Making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2021, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER lll, 2020 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, 2021, 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

November 5, 2020 (5:29 p.m.)

2


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, 2021, and for other purposes, namely: 5

TITLE I 6

DEPARTMENT OF TRANSPORTATION 7

OFFICE OF THE SECRETARY 8

SALARIES AND EXPENSES 9

For necessary expenses of the Office of the Secretary, 10

$122,274,000 of which not to exceed $3,346,000 shall be 11

available for the immediate Office of the Secretary; not 12

to exceed $1,115,000 shall be available for the immediate 13

Office of the Deputy Secretary; not to exceed $22,200,000 14

shall be available for the Office of the General Counsel; 15

not to exceed $11,064,000 shall be available for the Office 16

of the Under Secretary of Transportation for Policy; not 17

to exceed $16,376,000 shall be available for the Office of 18

the Assistant Secretary for Budget and Programs; not to 19

exceed $2,894,000 shall be available for the Office of the 20

Assistant Secretary for Governmental Affairs; not to ex-21

ceed $30,090,000 shall be available for the Office of the 22

Assistant Secretary for Administration; not to exceed 23

$2,432,000 shall be available for the Office of Public Af-24

fairs; not to exceed $2,008,000 shall be available for the 25

November 5, 2020 (5:29 p.m.)

3


Office of the Executive Secretariat; not to exceed 1

$13,256,000 shall be available for the Office of Intel-2

ligence, Security, and Emergency Response; and not to ex-3

ceed $17,493,000 shall be available for the Office of the 4

Chief Information Officer: Provided, That the Secretary 5

of Transportation (referred to in this title as the ‘‘Sec-6

retary’’) is authorized to transfer funds appropriated for 7

any office of the Office of the Secretary to any other office 8

of the Office of the Secretary: Provided further, That no 9

appropriation for any office shall be increased or de-10

creased by more than 7 percent by all such transfers: Pro-11

vided further, That notice of any change in funding greater 12

than 7 percent shall be submitted for approval to the 13

House and Senate Committees on Appropriations: Pro-14

vided further, That not to exceed $70,000 shall be for allo-15

cation within the Department for official reception and 16

representation expenses as the Secretary may determine: 17

Provided further, That notwithstanding any other provi-18

sion of law, excluding fees authorized in Public Law 107– 19

71, there may be credited to this appropriation up to 20

$2,500,000 in funds received in user fees: Provided fur-21

ther, That none of the funds provided in this Act shall 22

be available for the position of Assistant Secretary for 23

Public Affairs. 24

November 5, 2020 (5:29 p.m.)

4


RESEARCH AND TECHNOLOGY 1

For necessary expenses related to the Office of the 2

Assistant Secretary for Research and Technology, 3

$18,000,000, of which $11,685,000 shall remain available 4

until expended: Provided, That there may be credited to 5

this appropriation, to be available until expended, funds 6

received from States, counties, municipalities, other public 7

authorities, and private sources for expenses incurred for 8

training: Provided further, That any reference in law, reg-9

ulation, judicial proceedings, or elsewhere to the Research 10

and Innovative Technology Administration shall continue 11

to be deemed to be a reference to the Office of the Assist-12

ant Secretary for Research and Technology of the Depart-13

ment of Transportation. 14

NATIONAL INFRASTRUCTURE INVESTMENTS 15

For capital investments in surface transportation in-16

frastructure, $1,000,000,000 to remain available through 17

September 30, 2023: Provided, That the Secretary shall 18

distribute funds provided under this heading as discre-19

tionary grants to be awarded to a State, local government, 20

transit agency, port authority, or a collaboration among 21

such entities on a competitive basis for projects that will 22

have a significant local or regional impact: Provided fur-23

ther, That projects eligible for funding provided under this 24

heading shall include, but not be limited to, highway or 25

November 5, 2020 (5:29 p.m.)

5


bridge projects eligible under title 23, United States Code; 1

public transportation projects eligible under chapter 53 of 2

title 49, United States Code; passenger and freight rail 3

transportation projects; port infrastructure investments 4

(including inland port infrastructure and land ports of 5

entry); and projects investing in surface transportation fa-6

cilities that are located on tribal land and for which title 7

or maintenance responsibility is vested in the Federal Gov-8

ernment: Provided further, That of the amount made avail-9

able under this heading, the Secretary shall use an amount 10

not less than $15,000,000 for the planning, preparation 11

or design of projects eligible for funding under this head-12

ing: Provided further, That grants awarded under the pre-13

vious proviso shall not be subject to a minimum grant size: 14

Provided further, That the Secretary may use up to 20 15

percent of the funds made available under this heading 16

for the purpose of paying the subsidy and administrative 17

costs of projects eligible for Federal credit assistance 18

under chapter 6 of title 23, United States Code, or sec-19

tions 501 through 504 of the Railroad Revitalization and 20

Regulatory Reform Act of 1976 (Public Law 94–210), as 21

amended, if the Secretary finds that such use of the funds 22

would advance the purposes of this paragraph: Provided 23

further, That in distributing funds provided under this 24

heading, the Secretary shall take such measures so as to 25

November 5, 2020 (5:29 p.m.)

6


ensure an equitable geographic distribution of funds, an 1

appropriate balance in addressing the needs of urban and 2

rural areas, and the investment in a variety of transpor-3

tation modes: Provided further, That a grant funded under 4

this heading shall be not less than $5,000,000 and not 5

greater than $25,000,000: Provided further, That not 6

more than 10 percent of the funds made available under 7

this heading may be awarded to projects in a single State: 8

Provided further, That the Federal share of the costs for 9

which an expenditure is made under this heading shall be, 10

at the option of the recipient, up to 80 percent: Provided 11

further, That the Secretary shall give priority to projects 12

that require a contribution of Federal funds in order to 13

complete an overall financing package: Provided further, 14

That not less than 30 percent of the funds provided under 15

this heading shall be for projects located in rural areas: 16

Provided further, That for projects located in a rural area, 17

the minimum grant size shall be $1,000,000: Provided fur-18

ther, That for projects located in rural areas or areas of 19

persistent poverty the Secretary may increase the Federal 20

share of costs above 80 percent: Provided further, That 21

areas of persistent poverty means any county that has con-22

sistently had greater than or equal to 20 percent or more 23

of the population living in poverty over the 30 years pre-24

ceding the date of enactment of this Act, as measured by 25

November 5, 2020 (5:29 p.m.)

7


the 1990 and 2000 decennial census and the most recent 1

Small Area Income and Poverty Estimates, or any census 2

tract with a poverty rate of at least 20 percent as meas-3

ured by the 2014–2018 5-year data series available from 4

the American Community Survey of the Census Bureau: 5

Provided further, That projects conducted using funds pro-6

vided under this heading must comply with the require-7

ments of subchapter IV of chapter 31 of title 40, United 8

States Code: Provided further, That the Secretary shall 9

conduct a new competition to select the grants and credit 10

assistance awarded under this heading: Provided further, 11

That the Secretary may retain up to 3 percent of the 12

funds provided under this heading, and may transfer por-13

tions of those funds to the Administrators of the Federal 14

Highway Administration, the Federal Transit Administra-15

tion, the Federal Railroad Administration and the Mari-16

time Administration to fund the award and oversight of 17

grants and credit assistance made under the National In-18

frastructure Investments program: Provided further, That 19

none of the funds provided in the previous proviso may 20

be used to hire additional personnel: Provided further, 21

That the Secretary shall consider and award projects 22

based solely on the selection criteria from the fiscal year 23

2017 Notice of Funding Opportunity: Provided further, 24

That, notwithstanding the previous proviso, the Secretary 25

November 5, 2020 (5:29 p.m.)

8


shall not use the Federal share or an applicant’s ability 1

to generate non-Federal revenue as a selection criteria in 2

awarding projects: Provided further, That the Secretary 3

shall issue the Notice of Funding Opportunity no later 4

than 60 days after enactment of this Act: Provided further, 5

That such Notice of Funding Opportunity shall require 6

application submissions 90 days after the publishing of 7

such Notice: Provided further, That of the applications 8

submitted under the previous two provisos, the Secretary 9

shall make grants no later than 270 days after enactment 10

of this Act in such amounts that the Secretary determines. 11

NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE 12

FINANCE BUREAU 13

For necessary expenses of the National Surface 14

Transportation and Innovative Finance Bureau as author-15

ized by 49 U.S.C. 116, $4,250,000, to remain available 16

until expended: Provided, That the Secretary may collect 17

and spend fees, as authorized by title 23, United States 18

Code, to cover the costs of services of expert firms, includ-19

ing counsel, in the field of municipal and project finance 20

to assist in the underwriting and servicing of Federal cred-21

it instruments and all or a portion of the costs to the Fed-22

eral Government of servicing such credit instruments: Pro-23

vided further, That such fees are available until expended 24

to pay for such costs: Provided further, That such amounts 25

November 5, 2020 (5:29 p.m.)

9


are in addition to other amounts made available for such 1

purposes and are not subject to any obligation limitation 2

or the limitation on administrative expenses under section 3

608 of title 23, United States Code. 4

FINANCIAL MANAGEMENT CAPITAL 5

For necessary expenses for upgrading and enhancing 6

the Department of Transportation’s financial systems and 7

re-engineering business processes, $2,000,000, to remain 8

available through September 30, 2022. 9

CYBER SECURITY INITIATIVES 10

For necessary expenses for cyber security initiatives, 11

including necessary upgrades to wide area network and 12

information technology infrastructure, improvement of 13

network perimeter controls and identity management, 14

testing and assessment of information technology against 15

business, security, and other requirements, implementa-16

tion of Federal cyber security initiatives and information 17

infrastructure enhancements, and implementation of en-18

hanced security controls on network devices, $22,000,000, 19

to remain available through September 30, 2022. 20

OFFICE OF CIVIL RIGHTS 21

For necessary expenses of the Office of Civil Rights, 22

$9,600,000. 23

November 5, 2020 (5:29 p.m.)

10


TRANSPORTATION PLANNING, RESEARCH, AND 1

DEVELOPMENT 2

For necessary expenses for conducting transportation 3

planning, research, systems development, development ac-4

tivities, and making grants, $9,350,000, to remain avail-5

able until expended: Provided, That of such amount, 6

$1,000,000 shall be for necessary expenses of the Inter-7

agency Infrastructure Permitting Improvement Center 8

(IIPIC): Provided further, That there may be transferred 9

to this appropriation, to remain available until expended, 10

amounts transferred from other Federal agencies for ex-11

penses incurred under this heading for IIPIC activities not 12

related to transportation infrastructure: Provided further, 13

That the tools and analysis developed by the IIPIC shall 14

be available to other Federal agencies for the permitting 15

and review of major infrastructure projects not related to 16

transportation only to the extent that other Federal agen-17

cies provide funding to the Department as provided for 18

under the previous proviso. 19

WORKING CAPITAL FUND 20

For necessary expenses for operating costs and cap-21

ital outlays of the Working Capital Fund, not to exceed 22

$319,793,000, shall be paid from appropriations made 23

available to the Department of Transportation: Provided, 24

That such services shall be provided on a competitive basis 25

November 5, 2020 (5:29 p.m.)

11


to entities within the Department of Transportation: Pro-1

vided further, That the above limitation on operating ex-2

penses shall not apply to non-DOT entities: Provided fur-3

ther, That no funds appropriated in this Act to an agency 4

of the Department shall be transferred to the Working 5

Capital Fund without majority approval of the Working 6

Capital Fund Steering Committee and approval of the 7

Secretary: Provided further, That no assessments may be 8

levied against any program, budget activity, subactivity or 9

project funded by this Act unless notice of such assess-10

ments and the basis therefor are presented to the House 11

and Senate Committees on Appropriations and are ap-12

proved by such Committees. 13

SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND 14

OUTREACH 15

For necessary expenses for small and disadvantaged 16

business utilization and outreach activities, $4,714,000, to 17

remain available until September 30, 2022: Provided, 18

That notwithstanding 49 U.S.C. 332, these funds may be 19

used for business opportunities related to any mode of 20

transportation: Provided further, That appropriations 21

made available under this heading shall be available for 22

any purpose consistent with prior year appropriations that 23

were made available under the heading ‘‘Minority Busi-24

ness Resource Center Program’’. 25

November 5, 2020 (5:29 p.m.)

12


PAYMENTS TO AIR CARRIERS 1

(AIRPORT AND AIRWAY TRUST FUND) 2

In addition to funds made available from any other 3

source to carry out the essential air service program under 4

49 U.S.C. 41731 through 41742, $141,724,000, to be de-5

rived from the Airport and Airway Trust Fund, to remain 6

available until expended: Provided, That in determining 7

between or among carriers competing to provide service 8

to a community, the Secretary may consider the relative 9

subsidy requirements of the carriers: Provided further, 10

That basic essential air service minimum requirements 11

shall not include the 15-passenger capacity requirement 12

under section 41732(b)(3) of title 49, United States Code: 13

Provided further, That none of the funds in this Act or 14

any other Act shall be used to enter into a new contract 15

with a community located less than 40 miles from the 16

nearest small hub airport before the Secretary has nego-17

tiated with the community over a local cost share: Pro-18

vided further, That amounts authorized to be distributed 19

for the essential air service program under section 20

41742(b) of title 49, United States Code, shall be made 21

available immediately from amounts otherwise provided to 22

the Administrator of the Federal Aviation Administration: 23

Provided further, That the Administrator may reimburse 24

November 5, 2020 (5:29 p.m.)

13


such amounts from fees credited to the account estab-1

lished under section 45303 of title 49, United States Code. 2

TRANSPORTATION DEMONSTRATION PROGRAM 3

To expand intermodal and multimodal freight and 4

cargo transportation infrastructure, including airport de-5

velopment under chapter 471 of title 49, United States 6

Code, $100,000,000, to remain available until expended: 7

Provided, That the Secretary shall distribute funds pro-8

vided under this heading as discretionary grants to mari-9

time port authorities or former military airports classified 10

as general aviation airports in the National Plan on Inte-11

grated Airport System report for fiscal years 2019 to 12

2023: Provided further, That eligible applicants that are 13

maritime port authorities shall use a terminal railway and 14

be located not more than 10 miles from a former military 15

airport classified as a general aviation airport in the Na-16

tional Plan on Integrated Airport System report for fiscal 17

years 2019 to 2023: Provided further, That eligible appli-18

cants that are former military airports classified as gen-19

eral aviation airports in the National Plan on Integrated 20

Airport System report for fiscal years 2019 to 2023 shall 21

be located not more than 10 miles from a maritime port 22

authority that uses a terminal railway: Provided further, 23

That projects eligible under this heading shall be located 24

not more than 10 miles from at least two highways on 25

November 5, 2020 (5:29 p.m.)

14


the Interstate System: Provided further, That the Sec-1

retary shall issue the Notice of Funding Opportunity no 2

later than 60 days after enactment of this Act. 3

ADMINISTRATIVE PROVISIONS—OFFICE OF THE 4

SECRETARY OF TRANSPORTATION 5

SEC. 101. None of the funds made available in this 6

Act to the Department of Transportation may be obligated 7

for the Office of the Secretary of Transportation to ap-8

prove assessments or reimbursable agreements pertaining 9

to funds appropriated to the modal administrations in this 10

Act, except for activities underway on the date of enact-11

ment of this Act, unless such assessments or agreements 12

have completed the normal reprogramming process for 13

Congressional notification. 14

SEC. 102. The Secretary shall post on the web site 15

of the Department of Transportation a schedule of all 16

meetings of the Council on Credit and Finance, including 17

the agenda for each meeting, and require the Council on 18

Credit and Finance to record the decisions and actions 19

of each meeting. 20

SEC. 103. In addition to authority provided by section 21

327 of title 49, United States Code, the Department’s 22

Working Capital Fund is hereby authorized to provide 23

partial or full payments in advance and accept subsequent 24

reimbursements from all Federal agencies from available 25

November 5, 2020 (5:29 p.m.)

15


funds for transit benefit distribution services that are nec-1

essary to carry out the Federal transit pass transportation 2

fringe benefit program under Executive Order No. 13150 3

and section 3049 of Public Law 109–59: Provided, That 4

the Department shall maintain a reasonable operating re-5

serve in the Working Capital Fund, to be expended in ad-6

vance to provide uninterrupted transit benefits to Govern-7

ment employees: Provided further, That such reserve will 8

not exceed one month of benefits payable and may be used 9

only for the purpose of providing for the continuation of 10

transit benefits: Provided further, That the Working Cap-11

ital Fund will be fully reimbursed by each customer agen-12

cy from available funds for the actual cost of the transit 13

benefit. 14

SEC. 104. None of the funds in this Act may be obli-15

gated or expended for retention or senior executive bo-16

nuses for an employee of the Department of Transpor-17

tation without the prior written approval of the Assistant 18

Secretary for Administration. 19

SEC. 105. In addition to authority provided by section 20

327 of title 49, United States Code, the Department’s Ad-21

ministrative Working Capital Fund is hereby authorized 22

to transfer information technology equipment, software, 23

and systems from Departmental sources or other entities 24

November 5, 2020 (5:29 p.m.)

16


and collect and maintain a reserve at rates which will re-1

turn full cost of transferred assets. 2

SEC. 106. Receipts collected in the Administrative 3

Working Capital Fund (49 U.S.C. 327) for unused van 4

pool benefits, in an amount not to exceed ten percent of 5

fiscal year collections, shall be available in the Administra-6

tive Working Capital Fund to provide contractual services 7

in support of section 189 of this Act: Provided, That such 8

collections shall be available until expended and obliga-9

tions shall not exceed $1,000,000 in any fiscal year. 10

SEC. 107. None of the funds provided in this Act to 11

the Department of Transportation may be used to provide 12

credit assistance unless not less than 3 days before any 13

application approval to provide credit assistance under 14

sections 603 and 604 of title 23, United States Code, the 15

Secretary provides notification in writing to the following 16

committees: the House and Senate Committees on Appro-17

priations; the Committee on Environment and Public 18

Works and the Committee on Banking, Housing and 19

Urban Affairs of the Senate; and the Committee on Trans-20

portation and Infrastructure of the House of Representa-21

tives: Provided, That such notification shall include, but 22

not be limited to, the name of the project sponsor; a de-23

scription of the project; whether credit assistance will be 24

November 5, 2020 (5:29 p.m.)

17


provided as a direct loan, loan guarantee, or line of credit; 1

and the amount of credit assistance. 2

FEDERAL AVIATION ADMINISTRATION 3

OPERATIONS 4


For necessary expenses of the Federal Aviation Ad-6

ministration, not otherwise provided for, including oper-7

ations and research activities related to commercial space 8

transportation, administrative expenses for research and 9

development, establishment of air navigation facilities, the 10

operation (including leasing) and maintenance of aircraft, 11

subsidizing the cost of aeronautical charts and maps sold 12

to the public, the lease or purchase of passenger motor 13

vehicles for replacement only, $11,001,500,000, to remain 14

available until September 30, 2022, of which 15

$10,519,000,000 shall be derived from the Airport and 16

Airway Trust Fund: Provided, That of the sums appro-17

priated under this heading— 18

(1) not less than $1,479,039,000 shall be avail-19

able for aviation safety activities; 20

(2) $8,205,821,000 shall be available for air 21

traffic organization activities; 22

(3) $27,555,000 shall be available for commer-23

cial space transportation activities; 24

November 5, 2020 (5:29 p.m.)

18


(4) $836,141,000 shall be available for finance 1

and management activities; 2

(5) $62,862,000 shall be available for NextGen 3

and operations planning activities; 4

(6) $124,928,000 shall be available for security 5

and hazardous materials safety; and 6

(7) $265,154,000 shall be available for staff of-7

fices: 8

Provided further, That not to exceed 5 percent of any 9

budget activity, except for aviation safety budget activity, 10

may be transferred to any budget activity under this head-11

ing: Provided further, That no transfer may increase or 12

decrease any appropriation by more than 5 percent: Pro-13

vided further, That any transfer in excess of 5 percent 14

shall be treated as a reprogramming of funds under sec-15

tion 405 of this Act and shall not be available for obliga-16

tion or expenditure except in compliance with the proce-17

dures set forth in that section: Provided further, That not 18

later than 60 days after the submission of the budget re-19

quest, the Administrator of the Federal Aviation Adminis-20

tration shall transmit to Congress an annual update to 21

the report submitted to Congress in December 2004 pur-22

suant to section 221 of Public Law 108–176: Provided fur-23

ther, That the amount herein appropriated shall be re-24

duced by $100,000 for each day after the date that is 60 25

November 5, 2020 (5:29 p.m.)

19


days after the submission of the budget request that such 1

report has not been submitted to the Congress: Provided 2

further, That not later than 60 days after the submission 3

of the budget request, the Administrator shall transmit 4

to Congress a companion report that describes a com-5

prehensive strategy for staffing, hiring, and training flight 6

standards and aircraft certification staff in a format simi-7

lar to the one utilized for the controller staffing plan, in-8

cluding stated attrition estimates and numerical hiring 9

goals by fiscal year: Provided further, That the amount 10

herein appropriated shall be reduced by $100,000 per day 11

for each day after the date that is 60 days after the sub-12

mission of the budget request that such report has not 13

been submitted to Congress: Provided further, That funds 14

may be used to enter into a grant agreement with a non-15

profit standard-setting organization to assist in the devel-16

opment of aviation safety standards: Provided further, 17

That none of the funds in this Act shall be available for 18

new applicants for the second career training program: 19

Provided further, That none of the funds in this Act shall 20

be available for the Federal Aviation Administration to fi-21

nalize or implement any regulation that would promulgate 22

new aviation user fees not specifically authorized by law 23

after the date of the enactment of this Act: Provided fur-24

ther, That there may be credited to this appropriation, as 25

November 5, 2020 (5:29 p.m.)

20


offsetting collections, funds received from States, counties, 1

municipalities, foreign authorities, other public authori-2

ties, and private sources for expenses incurred in the pro-3

vision of agency services, including receipts for the mainte-4

nance and operation of air navigation facilities, and for 5

issuance, renewal, or modification of certificates, including 6

airman, aircraft, and repair station certificates, or for 7

tests related thereto, or for processing major repair or al-8

teration forms: Provided further, That of the funds appro-9

priated under this heading, not less than $172,800,000 10

shall be used to fund direct operations of the current air 11

traffic control towers in the contract tower program, in-12

cluding the contract tower cost share program, and any 13

airport that is currently qualified or that will qualify for 14

the program during the fiscal year: Provided further, That 15

none of the funds in this Act for aeronautical charting 16

and cartography are available for activities conducted by, 17

or coordinated through, the Working Capital Fund: Pro-18

vided further, That none of the funds appropriated or oth-19

erwise made available by this Act or any other Act may 20

be used to eliminate the Contract Weather Observers pro-21

gram at any airport. 22

November 5, 2020 (5:29 p.m.)

21


FACILITIES AND EQUIPMENT 1


For necessary expenses, not otherwise provided for, 3

for acquisition, establishment, technical support services, 4

improvement by contract or purchase, and hire of national 5

airspace systems and experimental facilities and equip-6

ment, as authorized under part A of subtitle VII of title 7

49, United States Code, including initial acquisition of 8

necessary sites by lease or grant; engineering and service 9

testing, including construction of test facilities and acqui-10

sition of necessary sites by lease or grant; construction 11

and furnishing of quarters and related accommodations 12

for officers and employees of the Federal Aviation Admin-13

istration stationed at remote localities where such accom-14

modations are not available; and the purchase, lease, or 15

transfer of aircraft from funds available under this head-16

ing, including aircraft for aviation regulation and certifi-17

cation; to be derived from the Airport and Airway Trust 18

Fund, $3,011,980,000, of which $550,000,000 shall re-19

main available until September 30, 2022, $2,322,380,000 20

shall remain available until September 30, 2023, and 21

$139,600,000 shall remain available until expended: Pro-22

vided, That there may be credited to this appropriation 23

funds received from States, counties, municipalities, other 24

public authorities, and private sources, for expenses in-25

November 5, 2020 (5:29 p.m.)

22


curred in the establishment, improvement, and moderniza-1

tion of national airspace systems: Provided further, That 2

not later than 60 days after submission of the budget re-3

quest, the Secretary shall transmit to the Congress an in-4

vestment plan for the Federal Aviation Administration 5

which includes funding for each budget line item for fiscal 6

years 2022 through 2026, with total funding for each year 7

of the plan constrained to the funding targets for those 8

years as estimated and approved by the Office of Manage-9

ment and Budget. 10

RESEARCH, ENGINEERING, AND DEVELOPMENT 11


For necessary expenses, not otherwise provided for, 13

for research, engineering, and development, as authorized 14

under part A of subtitle VII of title 49, United States 15

Code, including construction of experimental facilities and 16

acquisition of necessary sites by lease or grant, 17

$190,097,000, to be derived from the Airport and Airway 18

Trust Fund and to remain available until September 30, 19

2023: Provided, That there may be credited to this appro-20

priation as offsetting collections, funds received from 21

States, counties, municipalities, other public authorities, 22

and private sources, which shall be available for expenses 23

incurred for research, engineering, and development: Pro-24

vided further, That funds made available under this head-25

November 5, 2020 (5:29 p.m.)

23


ing shall be used in accordance with the explanatory state-1

ment accompanying this Act: Provided further, That not 2

to exceed 10 percent of any funding level specified under 3

this heading in the explanatory statement accompanying 4

this Act may be transferred to any other funding level 5

specified under this heading in the explanatory statement 6

accompanying this Act: Provided further, That no transfer 7

may increase or decrease any funding level by more than 8

10 percent: Provided further, That any transfer in excess 9

of 10 percent shall be treated as a reprogramming of 10

funds under section 405 of this Act and shall not be avail-11

able for obligation or expenditure except in compliance 12

with the procedures set forth in that section. 13

GRANTS-IN-AID FOR AIRPORTS 14

(LIQUIDATION OF CONTRACT AUTHORIZATION) 15

(LIMITATION ON OBLIGATIONS) 16


(INCLUDING TRANSFER OF FUNDS) 18

For liquidation of obligations incurred for grants-in- 19

aid for airport planning and development, and noise com-20

patibility planning and programs as authorized under sub-21

chapter I of chapter 471 and subchapter I of chapter 475 22

of title 49, United States Code, and under other law au-23

thorizing such obligations; for procurement, installation, 24

and commissioning of runway incursion prevention devices 25

November 5, 2020 (5:29 p.m.)

24


and systems at airports of such title; for grants authorized 1

under section 41743 of title 49, United States Code; and 2

for inspection activities and administration of airport safe-3

ty programs, including those related to airport operating 4

certificates under section 44706 of title 49, United States 5

Code, $3,350,000,000, to be derived from the Airport and 6

Airway Trust Fund, and to remain available until ex-7

pended: Provided, That none of the funds under this head-8

ing shall be available for the planning or execution of pro-9

grams the obligations for which are in excess of 10

$3,350,000,000 in fiscal year 2021, notwithstanding sec-11

tion 47117(g) of title 49, United States Code: Provided 12

further, That none of the funds under this heading shall 13

be available for the replacement of baggage conveyor sys-14

tems, reconfiguration of terminal baggage areas, or other 15

airport improvements that are necessary to install bulk ex-16

plosive detection systems: Provided further, That notwith-17

standing section 47109(a) of title 49, United States Code, 18

the Government’s share of allowable project costs under 19

paragraph (2) for subgrants or paragraph (3) of that sec-20

tion shall be 95 percent for a project at other than a large 21

or medium hub airport that is a successive phase of a 22

multi-phased construction project for which the project 23

sponsor received a grant in fiscal year 2011 for the con-24

struction project: Provided further, That notwithstanding 25

November 5, 2020 (5:29 p.m.)

25


any other provision of law, of funds limited under this 1

heading, not more than $119,402,000 shall be available 2

for administration, not less than $15,000,000 shall be 3

available for the Airport Cooperative Research Program, 4

not less than $40,666,000 shall be available for Airport 5

Technology Research, and $10,000,000, to remain avail-6

able until expended, shall be available and transferred to 7

‘‘Office of the Secretary, Salaries and Expenses’’ to carry 8

out the Small Community Air Service Development Pro-9

gram: Provided further, That in addition to airports eligi-10

ble under section 41743 of title 49, United States Code, 11

such program may include the participation of an airport 12

that serves a community or consortium that is not larger 13

than a small hub airport, according to FAA hub classifica-14

tions effective at the time the Office of the Secretary 15

issues a request for proposals. 16

GRANTS-IN-AID FOR AIRPORTS 17

For an additional amount for ‘‘Grants-In-Aid for Air-18

ports’’, to enable the Secretary to make grants for projects 19

as authorized by subchapter 1 of chapter 471 and sub-20

chapter 1 of chapter 475 of title 49, United States Code, 21

$400,000,000, to remain available through September 30, 22

2023: Provided, That amounts made available under this 23

heading shall be derived from the general fund, and such 24

funds shall not be subject to apportionment formulas, spe-25

November 5, 2020 (5:29 p.m.)

26


cial apportionment categories, or minimum percentages 1

under chapter 471: Provided further, That the Secretary 2

shall distribute funds provided under this heading as dis-3

cretionary grants to airports: Provided further, That the 4

amount made available under this heading shall not be 5

subject to any limitation on obligations for the Grants- 6

in-Aid for Airports program set forth in any Act: Provided 7

further, That the Administrator of the Federal Aviation 8

Administration may retain up to 0.5 percent of the funds 9

provided under this heading to fund the award and over-10

sight by the Administrator of grants made under this 11

heading. 12

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION 13

ADMINISTRATION 14

SEC. 110. None of the funds in this Act may be used 15

to compensate in excess of 600 technical staff-years under 16

the federally funded research and development center con-17

tract between the Federal Aviation Administration and the 18

Center for Advanced Aviation Systems Development dur-19

ing fiscal year 2021. 20

SEC. 111. None of the funds in this Act shall be used 21

to pursue or adopt guidelines or regulations requiring air-22

port sponsors to provide to the Federal Aviation Adminis-23

tration without cost building construction, maintenance, 24

utilities and expenses, or space in airport sponsor-owned 25

November 5, 2020 (5:29 p.m.)

27


buildings for services relating to air traffic control, air 1

navigation, or weather reporting: Provided, That the pro-2

hibition of funds in this section does not apply to negotia-3

tions between the agency and airport sponsors to achieve 4

agreement on ‘‘below-market’’ rates for these items or to 5

grant assurances that require airport sponsors to provide 6

land without cost to the Federal Aviation Administration 7

for air traffic control facilities. 8

SEC. 112. The Administrator of the Federal Aviation 9

Administration may reimburse amounts made available to 10

satisfy 49 U.S.C. 41742(a)(1) from fees credited under 11

49 U.S.C. 45303 and any amount remaining in such ac-12

count at the close of that fiscal year may be made available 13

to satisfy section 41742(a)(1) for the subsequent fiscal 14

year. 15

SEC. 113. Amounts collected under section 40113(e) 16

of title 49, United States Code, shall be credited to the 17

appropriation current at the time of collection, to be 18

merged with and available for the same purposes of such 19

appropriation. 20

SEC. 114. None of the funds in this Act shall be avail-21

able for paying premium pay under subsection 5546(a) of 22

title 5, United States Code, to any Federal Aviation Ad-23

ministration employee unless such employee actually per-24

November 5, 2020 (5:29 p.m.)

28


formed work during the time corresponding to such pre-1

mium pay. 2

SEC. 115. None of the funds in this Act may be obli-3

gated or expended for an employee of the Federal Aviation 4

Administration to purchase a store gift card or gift certifi-5

cate through use of a Government-issued credit card. 6

SEC. 116. Notwithstanding any other provision of 7

law, none of the funds made available under this Act or 8

any prior Act may be used to implement or to continue 9

to implement any limitation on the ability of any owner 10

or operator of a private aircraft to obtain, upon a request 11

to the Administrator of the Federal Aviation Administra-12

tion, a blocking of that owner’s or operator’s aircraft reg-13

istration number, Mode S transponder code, flight identi-14

fication, call sign, or similar identifying information from 15

any ground based display to the public that would allow 16

the real-time or near real-time flight tracking of that air-17

craft’s movements, except data made available to a Gov-18

ernment agency, for the noncommercial flights of that 19

owner or operator. 20

SEC. 117. None of the funds in this Act shall be avail-21

able for salaries and expenses of more than nine political 22

and Presidential appointees in the Federal Aviation Ad-23

ministration. 24

November 5, 2020 (5:29 p.m.)

29


SEC. 118. None of the funds made available under 1

this Act may be used to increase fees pursuant to section 2

44721 of title 49, United States Code, until the Federal 3

Aviation Administration provides to the House and Senate 4

Committees on Appropriations a report that justifies all 5

fees related to aeronautical navigation products and ex-6

plains how such fees are consistent with Executive Order 7

No. 13642. 8

SEC. 119. None of the funds in this Act may be used 9

to close a regional operations center of the Federal Avia-10

tion Administration or reduce its services unless the Ad-11

ministrator notifies the House and Senate Committees on 12

Appropriations not less than 90 full business days in ad-13

vance. 14

SEC. 119A. None of the funds appropriated or limited 15

by this Act may be used to change weight restrictions or 16

prior permission rules at Teterboro airport in Teterboro, 17

New Jersey. 18

SEC. 119B. None of the funds provided under this 19

Act may be used by the Administrator of the Federal Avia-20

tion Administration to withhold from consideration and 21

approval any new application for participation in the Con-22

tract Tower Program, or for reevaluation of Cost-share 23

Program participants as long as the Federal Aviation Ad-24

ministration has received an application from the airport, 25

November 5, 2020 (5:29 p.m.)

30


and as long as the Administrator determines such tower 1

is eligible using the factors set forth in Federal Aviation 2

Administration published establishment criteria. 3

SEC. 119C. None of the funds made available by this 4

Act may be used to open, close, redesignate as a lesser 5

office, or reorganize a regional office, the aeronautical cen-6

ter, or technical center unless the Administrator submits 7

a request for the reprogramming of funds under section 8

405 of this Act. 9

FEDERAL HIGHWAY ADMINISTRATION 10

LIMITATION ON ADMINISTRATIVE EXPENSES 11

(HIGHWAY TRUST FUND) 12

(INCLUDING TRANSFER OF FUNDS) 13

Not to exceed $475,649,049 together with advances 14

and reimbursements received by the Federal Highway Ad-15

ministration, shall be obligated for necessary expenses for 16

administration and operation of the Federal Highway Ad-17

ministration: Provided, That in addition, $3,248,000 shall 18

be transferred to the Appalachian Regional Commission 19

in accordance with section 104(a) of title 23, United 20

States Code. 21

November 5, 2020 (5:29 p.m.)

31


FEDERAL-AID HIGHWAYS 1



Funds available for the implementation or execution 4

of Federal-aid highway and highway safety construction 5

programs authorized under titles 23 and 49, United States 6

Code, and the provisions of the Fixing America’s Surface 7

Transportation (FAST) Act (Public Law 114–94) shall 8

not exceed total obligations of $46,365,092,000 for fiscal 9

year 2021. 10



For the payment of obligations incurred in carrying 13

out Federal-aid highway and highway safety construction 14

programs authorized under title 23, United States Code, 15

$47,104,092,000 derived from the Highway Trust Fund 16

(other than the Mass Transit Account), to remain avail-17

able until expended. 18

HIGHWAY INFRASTRUCTURE PROGRAMS 19

There is hereby appropriated to the Secretary 20

$2,365,000,000: Provided, That the funds made available 21

under this heading shall be derived from the general fund, 22

shall be in addition to any funds provided for fiscal year 23

2021 in this or any other Act for: (1) ‘‘Federal-aid High-24

ways’’ under chapter 1 of title 23, United States Code; 25

November 5, 2020 (5:29 p.m.)

32


or (2) the Appalachian Development Highway System as 1

authorized under section 1069(y) of Public Law 102–240, 2

and shall not affect the distribution or amount of funds 3

provided in any other Act: Provided further, That section 4

1101(b) of Public Law 114–94 shall apply to funds made 5

available under this heading: Provided further, That of the 6

funds made available under this heading— 7

(1) $796,328,026 shall be for activities eligible 8

under sections 133(b)(1) and 133(b)(4) of title 23, 9

United States Code, and to provide necessary charg-10

ing infrastructure along corridor-ready or corridor- 11

pending alternative fuel corridors designated pursu-12

ant to section 151 of title 23, United States Code; 13

(2) $2,900,859 shall be for activities eligible 14

under the Puerto Rico Highway Program as de-15

scribed in section 165(b)(2)(C) of title 23, United 16

States Code; 17

(3) $771,115 shall be for activities eligible 18

under the Territorial Highway Program, as de-19

scribed in section 165(c)(6) of title 23, United 20

States Code; 21

(4) $70,000,000 shall be for the nationally sig-22

nificant Federal lands and tribal projects program 23

under section 1123 of the FAST Act; 24

November 5, 2020 (5:29 p.m.)

33


(5) $1,360,000,000 shall be for a bridge re-1

placement and rehabilitation program; 2

(6) $100,000,000 shall be for necessary ex-3

penses for construction of the Appalachian Develop-4

ment Highway System as authorized under section 5

1069(y) of Public Law 102–240; and 6

(7) $35,000,000 shall be for the national scenic 7

byways program under section 162 of title 23, 8

United States Code: 9

Provided further, That for the purposes of funds made 10

available under this heading for activities eligible under 11

sections 133(b)(1) and 133(b)(4) of title 23, United States 12

Code, and to provide necessary charging infrastructure 13

along corridor-ready or corridor-pending alternative fuel 14

corridors designated pursuant to section 151 of title 23, 15

United States Code, the term ‘‘State’’ means any of the 16

50 States or the District of Columbia: Provided further, 17

That the funds made available under this heading for ac-18

tivities eligible under sections 133(b)(1) and 133(b)(4) of 19

title 23, United States Code, and to provide necessary 20

charging infrastructure along corridor-ready or corridor- 21

pending alternative fuel corridors designated pursuant to 22

section 151 of title 23, United States Code, shall be sub-23

allocated in the manner described in section 133(d) of 24

such title, except that the set-aside described in section 25

November 5, 2020 (5:29 p.m.)

34


133(h) of such title shall not apply to funds made avail-1

able under this heading: Provided further, That the funds 2

made available under this heading for: (1) activities eligi-3

ble under sections 133(b)(1) and 133(b)(4) of title 23, 4

United States Code, and to provide necessary charging in-5

frastructure along corridor-ready or corridor-pending al-6

ternative fuel corridors designated pursuant to section 151 7

of title 23, United States Code; (2) a bridge replacement 8

and rehabilitation program; and (3) the national scenic by-9

ways program under section 162 of title 23, United States 10

Code, shall be administered as if apportioned under chap-11

ter 1 of such title and shall remain available through Sep-12

tember 30, 2024: Provided further, That the funds made 13

available under this heading for activities eligible under 14

sections 133(b)(1) and 133(b)(4) of title 23, United States 15

Code, and to provide necessary charging infrastructure 16

along corridor-ready or corridor-pending alternative fuel 17

corridors designated pursuant to section 151 of title 23, 18

United States Code, shall be apportioned to the States in 19

the same ratio as the obligation limitation for fiscal year 20

2021 is distributed among the States in section 120(a)(5) 21

of this Act: Provided further, That, except as provided in 22

the following proviso, the funds made available under this 23

heading for activities eligible under the Puerto Rico High-24

way Program and activities eligible under the Territorial 25

November 5, 2020 (5:29 p.m.)

35


Highway Program shall be administered as if allocated 1

under sections 165(b) and 165(c), respectively, of title 23, 2

United States Code, and shall remain available through 3

September 30, 2024: Provided further, That the funds 4

made available under this heading for activities eligible 5

under the Puerto Rico Highway Program shall not be sub-6

ject to the requirements of sections 165(b)(2)(A) or 7

165(b)(2)(B) of such title: Provided further, That the 8

funds made available under this heading for the nationally 9

significant Federal lands and tribal projects program 10

under section 1123 of the FAST Act shall remain avail-11

able through September 30, 2024: Provided further, That 12

for the purposes of funds made available under this head-13

ing for a bridge replacement and rehabilitation program, 14

(1) the term ‘‘State’’ means any of the 50 States or the 15

District of Columbia, and (2) the term ‘‘qualifying State’’ 16

means any State in which the percentage of total deck 17

area of bridges classified as in poor condition in such State 18

is at least 5 percent or in which the percentage of total 19

bridges classified as in poor condition in such State is at 20

least 5 percent: Provided further, That, of the funds made 21

available under this heading for a bridge replacement and 22

rehabilitation program, the Secretary shall reserve 23

$6,000,000 for each State that does not meet the defini-24

tion of a qualifying State: Provided further, That, after 25

November 5, 2020 (5:29 p.m.)

36


making the reservations under the preceding proviso, the 1

Secretary shall distribute the remaining funds made avail-2

able under this heading for a bridge replacement and reha-3

bilitation program to each qualifying State by the propor-4

tion that the percentage of total deck area of bridges clas-5

sified as in poor condition in such qualifying State bears 6

to the sum of the percentages of total deck area of bridges 7

classified as in poor condition in all qualifying States: Pro-8

vided further, That for the bridge replacement and reha-9

bilitation program: 10

(1) no qualifying State shall receive more than 11

$60,000,000; 12

(2) each State shall receive an amount not less 13

than $6,000,000; and 14

(3) after calculating the distribution of funds 15

pursuant to the preceding proviso, any amount in 16

excess of $60,000,000 shall be redistributed equally 17

among each State that does not meet the definition 18

of a qualifying State: 19

Provided further, That the funds made available under this 20

heading for a bridge replacement and rehabilitation pro-21

gram shall be used for highway bridge replacement or re-22

habilitation projects on public roads: Provided further, 23

That for purposes of this heading for the bridge replace-24

ment and rehabilitation program, the Secretary shall cal-25

November 5, 2020 (5:29 p.m.)

37


culate the percentages of total deck area of bridges (in-1

cluding the percentages of total deck area classified as in 2

poor condition) based on the National Bridge Inventory 3

as of December 31, 2018: Provided further, That for the 4

purposes of funds made available under this heading for 5

construction of the Appalachian Development Highway 6

System, the term ‘‘Appalachian State’’ means a State that 7

contains 1 or more counties (including any political sub-8

division located within the area) in the Appalachian region 9

as defined in section 14102(a) of title 40, United States 10

Code: Provided further, That funds made available under 11

this heading for construction of the Appalachian Develop-12

ment Highway System shall remain available until ex-13

pended: Provided further, That a project carried out with 14

funds made available under this heading for construction 15

of the Appalachian Development Highway System shall be 16

carried out in the same manner as a project under section 17

14501 of title 40, United States Code: Provided further, 18

That subject to the following proviso, funds made available 19

under this heading for construction of the Appalachian 20

Development Highway System shall be apportioned to Ap-21

palachian States according to the percentages derived 22

from the 2012 Appalachian Development Highway System 23

Cost-to-Complete Estimate, adopted in Appalachian Re-24

gional Commission Resolution Number 736, and con-25

November 5, 2020 (5:29 p.m.)

38


firmed as each Appalachian State’s relative share of the 1

estimated remaining need to complete the Appalachian 2

Development Highway System, adjusted to exclude those 3

corridors that such States have no current plans to com-4

plete, as reported in the 2013 Appalachian Development 5

Highway System Completion Report, unless those states 6

have modified and assigned a higher priority for comple-7

tion of an Appalachian Development Highway System cor-8

ridor, as reported in the 2020 Appalachian Development 9

Highway System Future Outlook: Provided further, That 10

the Secretary shall adjust apportionments made under the 11

preceding proviso so that no Appalachian State shall be 12

apportioned an amount in excess of 30 percent of the 13

amount made available for construction of the Appa-14

lachian Development Highway System under this heading: 15

Provided further, That the Secretary shall consult with the 16

Appalachian Regional Commission in making adjustments 17

under the preceding two provisos: Provided further, That 18

the Federal share of the costs for which an expenditure 19

is made for construction of the Appalachian Development 20

Highway System under this heading shall be up to 100 21

percent. 22

November 5, 2020 (5:29 p.m.)

39


ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY 1

ADMINISTRATION 2

SEC. 120. (a) For fiscal year 2021, the Secretary of 3

Transportation shall— 4

(1) not distribute from the obligation limitation 5

for Federal-aid highways— 6

(A) amounts authorized for administrative 7

expenses and programs by section 104(a) of 8

title 23, United States Code; and 9

(B) amounts authorized for the Bureau of 10

Transportation Statistics; 11

(2) not distribute an amount from the obliga-12

tion limitation for Federal-aid highways that is equal 13

to the unobligated balance of amounts— 14

(A) made available from the Highway 15

Trust Fund (other than the Mass Transit Ac-16

count) for Federal-aid highway and highway 17

safety construction programs for previous fiscal 18

years the funds for which are allocated by the 19

Secretary (or apportioned by the Secretary 20

under sections 202 or 204 of title 23, United 21

States Code); and 22

(B) for which obligation limitation was 23

provided in a previous fiscal year; 24

(3) determine the proportion that— 25

November 5, 2020 (5:29 p.m.)

40


(A) the obligation limitation for Federal- 1

aid highways, less the aggregate of amounts not 2

distributed under paragraphs (1) and (2) of 3

this subsection; bears to 4

(B) the total of the sums authorized to be 5

appropriated for the Federal-aid highway and 6

highway safety construction programs (other 7

than sums authorized to be appropriated for 8

provisions of law described in paragraphs (1) 9

through (11) of subsection (b) and sums au-10

thorized to be appropriated for section 119 of 11

title 23, United States Code, equal to the 12

amount referred to in subsection (b)(12) for 13

such fiscal year), less the aggregate of the 14

amounts not distributed under paragraphs (1) 15

and (2) of this subsection; 16

(4) distribute the obligation limitation for Fed-17

eral-aid highways, less the aggregate amounts not 18

distributed under paragraphs (1) and (2), for each 19

of the programs (other than programs to which 20

paragraph (1) applies) that are allocated by the Sec-21

retary under the Fixing America’s Surface Trans-22

portation Act and title 23, United States Code, or 23

apportioned by the Secretary under sections 202 or 24

204 of that title, by multiplying— 25

November 5, 2020 (5:29 p.m.)

41


(A) the proportion determined under para-1

graph (3); by 2

(B) the amounts authorized to be appro-3

priated for each such program for such fiscal 4

year; and 5

(5) distribute the obligation limitation for Fed-6

eral-aid highways, less the aggregate amounts not 7

distributed under paragraphs (1) and (2) and the 8

amounts distributed under paragraph (4), for Fed-9

eral-aid highway and highway safety construction 10

programs that are apportioned by the Secretary 11

under title 23, United States Code (other than the 12

amounts apportioned for the National Highway Per-13

formance Program in section 119 of title 23, United 14

States Code, that are exempt from the limitation 15

under subsection (b)(12) and the amounts appor-16

tioned under sections 202 and 204 of that title) in 17

the proportion that— 18

(A) amounts authorized to be appropriated 19

for the programs that are apportioned under 20

title 23, United States Code, to each State for 21

such fiscal year; bears to 22

(B) the total of the amounts authorized to 23

be appropriated for the programs that are ap-24

November 5, 2020 (5:29 p.m.)

42


portioned under title 23, United States Code, to 1

all States for such fiscal year. 2

(b) EXCEPTIONS FROM OBLIGATION LIMITATION.— 3

The obligation limitation for Federal-aid highways shall 4

not apply to obligations under or for— 5

(1) section 125 of title 23, United States Code; 6

(2) section 147 of the Surface Transportation 7

Assistance Act of 1978 (23 U.S.C. 144 note; 92 8

Stat. 2714); 9

(3) section 9 of the Federal-Aid Highway Act 10

of 1981 (95 Stat. 1701); 11

(4) subsections (b) and (j) of section 131 of the 12

Surface Transportation Assistance Act of 1982 (96 13

Stat. 2119); 14

(5) subsections (b) and (c) of section 149 of the 15

Surface Transportation and Uniform Relocation As-16

sistance Act of 1987 (101 Stat. 198); 17

(6) sections 1103 through 1108 of the Inter-18

modal Surface Transportation Efficiency Act of 19

1991 (105 Stat. 2027); 20

(7) section 157 of title 23, United States Code 21

(as in effect on June 8, 1998); 22


(as in effect for fiscal years 1998 through 2004, but 24

November 5, 2020 (5:29 p.m.)

43


only in an amount equal to $639,000,000 for each 1

of those fiscal years); 2

(9) Federal-aid highway programs for which ob-3

ligation authority was made available under the 4

Transportation Equity Act for the 21st Century 5

(112 Stat. 107) or subsequent Acts for multiple 6

years or to remain available until expended, but only 7

to the extent that the obligation authority has not 8

lapsed or been used; 9


(as in effect for fiscal years 2005 through 2012, but 11

only in an amount equal to $639,000,000 for each 12

of those fiscal years); 13

(11) section 1603 of SAFETEA–LU (23 14

U.S.C. 118 note; 119 Stat. 1248), to the extent that 15

funds obligated in accordance with that section were 16

not subject to a limitation on obligations at the time 17

at which the funds were initially made available for 18

obligation; and 19


(but, for each of fiscal years 2013 through 2021, 21

only in an amount equal to $639,000,000). 22

(c) REDISTRIBUTION OF UNUSED OBLIGATION AU-23

THORITY.—Notwithstanding subsection (a), the Secretary 24

shall, after August 1 of such fiscal year— 25

November 5, 2020 (5:29 p.m.)

44


(1) revise a distribution of the obligation limita-1

tion made available under subsection (a) if an 2

amount distributed cannot be obligated during that 3

fiscal year; and 4

(2) redistribute sufficient amounts to those 5

States able to obligate amounts in addition to those 6

previously distributed during that fiscal year, giving 7

priority to those States having large unobligated bal-8

ances of funds apportioned under sections 144 (as in 9

effect on the day before the date of enactment of 10

Public Law 112–141) and 104 of title 23, United 11

States Code. 12

(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO 13

TRANSPORTATION RESEARCH PROGRAMS.— 14

(1) IN GENERAL.—Except as provided in para-15

graph (2), the obligation limitation for Federal-aid 16

highways shall apply to contract authority for trans-17

portation research programs carried out under— 18

(A) chapter 5 of title 23, United States 19

Code; and 20

(B) title VI of the Fixing America’s Sur-21

face Transportation Act. 22

(2) EXCEPTION.—Obligation authority made 23

available under paragraph (1) shall— 24

November 5, 2020 (5:29 p.m.)

45


(A) remain available for a period of 4 fis-1

cal years; and 2

(B) be in addition to the amount of any 3

limitation imposed on obligations for Federal- 4

aid highway and highway safety construction 5

programs for future fiscal years. 6

(e) REDISTRIBUTION OF CERTAIN AUTHORIZED 7

FUNDS.— 8

(1) IN GENERAL.—Not later than 30 days after 9

the date of distribution of obligation limitation 10

under subsection (a), the Secretary shall distribute 11

to the States any funds (excluding funds authorized 12

for the program under section 202 of title 23, 13

United States Code) that— 14

(A) are authorized to be appropriated for 15

such fiscal year for Federal-aid highway pro-16

grams; and 17

(B) the Secretary determines will not be 18

allocated to the States (or will not be appor-19

tioned to the States under section 204 of title 20

23, United States Code), and will not be avail-21

able for obligation, for such fiscal year because 22

of the imposition of any obligation limitation for 23

such fiscal year. 24

November 5, 2020 (5:29 p.m.)

46


(2) RATIO.—Funds shall be distributed under 1

paragraph (1) in the same proportion as the dis-2

tribution of obligation authority under subsection 3

(a)(5). 4

(3) AVAILABILITY.—Funds distributed to each 5

State under paragraph (1) shall be available for any 6

purpose described in section 133(b) of title 23, 7

United States Code. 8

SEC. 121. Notwithstanding 31 U.S.C. 3302, funds re-9

ceived by the Bureau of Transportation Statistics from the 10

sale of data products, for necessary expenses incurred pur-11

suant to chapter 63 of title 49, United States Code, may 12

be credited to the Federal-aid highways account for the 13

purpose of reimbursing the Bureau for such expenses: 14

Provided, That such funds shall be subject to the obliga-15

tion limitation for Federal-aid highway and highway safety 16

construction programs. 17

SEC. 122. Not less than 15 days prior to waiving, 18

under his or her statutory authority, any Buy America re-19

quirement for Federal-aid highways projects, the Sec-20

retary of Transportation shall make an informal public no-21

tice and comment opportunity on the intent to issue such 22

waiver and the reasons therefor: Provided, That the Sec-23

retary shall provide an annual report to the House and 24

November 5, 2020 (5:29 p.m.)

47


Senate Committees on Appropriations on any waivers 1

granted under the Buy America requirements. 2

SEC. 123. None of the funds provided in this Act may 3

be used to make a grant for a project under section 117 4

of title 23, United States Code, unless the Secretary, at 5

least 60 days before making a grant under that section, 6

provides written notification to the House and Senate 7

Committees on Appropriations of the proposed grant, in-8

cluding an evaluation and justification for the project and 9

the amount of the proposed grant award: Provided, That 10

the written notification required in the previous proviso 11

shall be made no later than 180 days after enactment of 12

this Act. 13

SEC. 124. (a) A State or territory, as defined in sec-14

tion 165 of title 23, United States Code, may use for any 15

project eligible under section 133(b) of title 23 or section 16

165 of title 23 and located within the boundary of the 17

State or territory any earmarked amount, and any associ-18

ated obligation limitation: Provided, That the Department 19

of Transportation for the State or territory for which the 20

earmarked amount was originally designated or directed 21

notifies the Secretary of its intent to use its authority 22

under this section and submits an annual report to the 23

Secretary identifying the projects to which the funding 24

would be applied. Notwithstanding the original period of 25

November 5, 2020 (5:29 p.m.)

48


availability of funds to be obligated under this section, 1

such funds and associated obligation limitation shall re-2

main available for obligation for a period of 3 fiscal years 3

after the fiscal year in which the Secretary is notified. The 4

Federal share of the cost of a project carried out with 5

funds made available under this section shall be the same 6

as associated with the earmark. 7

(b) In this section, the term ‘‘earmarked amount’’ 8

means— 9

(1) congressionally directed spending, as de-10

fined in rule XLIV of the Standing Rules of the 11

Senate, identified in a prior law, report, or joint ex-12

planatory statement, and administered by the Fed-13

eral Highway Administration; or 14

(2) a congressional earmark, as defined in rule 15

XXI of the Rules of the House of Representatives, 16

identified in a prior law, report, or joint explanatory 17

statement, and administered by the Federal High-18

way Administration. 19

(c) The authority under subsection (a) may be exer-20

cised only for those projects or activities that have obli-21

gated less than 10 percent of the amount made available 22

for obligation as of October 1 of the current fiscal year, 23

and shall be applied to projects within the same general 24

geographic area within 100 miles for which the funding 25

November 5, 2020 (5:29 p.m.)

49


was designated, except that a State or territory may apply 1

such authority to unexpended balances of funds from 2

projects or activities the State or territory certifies have 3

been closed and for which payments have been made under 4

a final voucher. 5

(d) The Secretary shall submit consolidated reports 6

of the information provided by the States and territories 7

annually to the House and Senate Committees on Appro-8

priations. 9

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION 10

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS 11




For payment of obligations incurred in the implemen-15

tation, execution and administration of motor carrier safe-16

ty operations and programs pursuant to section 31110 of 17

title 49, United States Code, as amended by the Fixing 18

America’s Surface Transportation Act (Public Law 114– 19

94), $300,896,127, to be derived from the Highway Trust 20

Fund (other than the Mass Transit Account), together 21

with advances and reimbursements received by the Fed-22

eral Motor Carrier Safety Administration, the sum of 23

which shall remain available until expended, unless other-24

wise specified: Provided, That funds available for imple-25

November 5, 2020 (5:29 p.m.)

50


mentation, execution, or administration of motor carrier 1

safety operations and programs authorized under title 49, 2

United States Code, shall not exceed total obligations of 3

$300,896,127 for fiscal year 2021, of which $9,073,000, 4

to remain available for obligation until September 30, 5

2023, is for the research and technology program, and of 6

which not less than $73,388,127, to remain available for 7

obligation until September 30, 2023, is for development, 8

modernization, enhancement of information technology 9

and information management systems and for the con-10

tinuing operation and maintenance of such systems. 11

MOTOR CARRIER SAFETY GRANTS 12




(INCLUDING TRANSFERS OF FUNDS) 16

For payment of obligations incurred in carrying out 17

sections 31102, 31103, 31104, and 31313 of title 49, 18

United States Code, as amended by the Fixing America’s 19

Surface Transportation Act (Public Law 114–94), 20

$391,135,561, to be derived from the Highway Trust 21

Fund (other than the Mass Transit Account) and to re-22

main available until expended: Provided, That funds avail-23

able for the implementation or execution of motor carrier 24

safety programs shall not exceed total obligations of 25

November 5, 2020 (5:29 p.m.)

51


$391,135,561 in fiscal year 2021 for ‘‘Motor Carrier Safe-1

ty Grants’’: Provided further, That of the sums appro-2

priated under this heading: 3

(1) $308,700,000 shall be available for the 4

motor carrier safety assistance program; 5

(2) $33,200,000 shall be available for the com-6

mercial driver’s license program implementation pro-7

gram; 8

(3) $45,900,000 shall be available for the high 9

priority activities program, of which $1,000,000 is to 10

be made available from prior year unobligated con-11

tract authority provided for Motor Carrier Safety 12

Grants in the Transportation Equity Act for the 13

21st Century (Public Law 105–178), SAFETEA– 14

LU (Public Law 109– 59), or other appropriations 15

or authorization Acts; and 16

(4) $3,335,561 shall be made available for com-17

mercial motor vehicle operators grants, of which 18

$2,335,561 is to be made available from prior year 19

unobligated contract authority provided for Motor 20

Carrier Safety Grants in the Transportation Equity 21

Act for the 21st Century (Public Law 105–178), 22

SAFETEA–LU (Public Law 109–59), or other ap-23

propriations or authorization Acts. 24

November 5, 2020 (5:29 p.m.)

52


ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR 1

CARRIER SAFETY ADMINISTRATION 2

SEC. 130. The Federal Motor Carrier Safety Admin-3

istration shall send notice of 49 CFR section 385.308 vio-4

lations by certified mail, registered mail, or another man-5

ner of delivery, which records the receipt of the notice by 6

the persons responsible for the violations. 7

SEC. 131. None of the funds appropriated or other-8

wise made available to the Department of Transportation 9

by this Act or any other Act may be obligated or expended 10

to implement, administer, or enforce the requirements of 11

section 31137 of title 49, United States Code, or any regu-12

lation issued by the Secretary pursuant to such section, 13

with respect to the use of electronic logging devices by op-14

erators of commercial motor vehicles, as defined in section 15

31132(1) of such title, transporting livestock as defined 16

in section 602 of the Emergency Livestock Feed Assist-17

ance Act of 1988 (7 U.S.C. 1471) or insects. 18

SEC. 132. The Federal Motor Carrier Safety Admin-19

istration shall update annual inspection regulations under 20

Appendix G to subchapter B of chapter III of title 49, 21

Code of Federal Regulations, as recommended by GAO– 22

19–264. 23

November 5, 2020 (5:29 p.m.)

53


NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION 1

OPERATIONS AND RESEARCH 2

For expenses necessary to discharge the functions of 3

the Secretary, with respect to traffic and highway safety 4

authorized under chapter 301 and part C of subtitle VI 5

of title 49, United States Code, $194,167,000, of which 6

$40,000,000 shall remain available through September 7

30, 2022. 8

OPERATIONS AND RESEARCH 9





the provisions of 23 U.S.C. 403, including behavioral re-14

search on Automated Driving Systems and Advanced 15

Driver Assistance Systems and improving consumer re-16

sponses to safety recalls, section 4011 of the Fixing Amer-17

ica’s Surface Transportation Act (Public Law 114–94), 18

and chapter 303 of title 49, United States Code, 19

$155,300,000, to be derived from the Highway Trust 20

Fund (other than the Mass Transit Account) and to re-21

main available until expended: Provided, That none of the 22

funds in this Act shall be available for the planning or 23

execution of programs the total obligations for which, in 24

fiscal year 2021, are in excess of $155,300,000: Provided 25

November 5, 2020 (5:29 p.m.)

54


further, That of the sums appropriated under this head-1

ing— 2

(1) $149,800,000 shall be for programs author-3

ized under 23 U.S.C. 403, including behavioral re-4

search on Automated Driving Systems and Ad-5

vanced Driver Assistance Systems and improving 6

consumer responses to safety recalls, and section 7

4011 of the Fixing America’s Surface Transpor-8

tation Act (Public Law 114–94); and 9

(2) $5,500,000 shall be for the National Driver 10

Register authorized under chapter 303 of title 49, 11

United States Code: 12

Provided further, That within the $155,300,000 obligation 13

limitation for operations and research, $20,000,000 shall 14

remain available until September 30, 2022, and shall be 15

in addition to the amount of any limitation imposed on 16

obligations for future years: Provided further, That 17

amounts for behavioral research on Automated Driving 18

Systems and Advanced Driver Assistance Systems and im-19

proving consumer responses to safety recalls are in addi-20

tion to any other funds provided for those purposes for 21

fiscal year 2021 in this Act. 22

November 5, 2020 (5:29 p.m.)

55


HIGHWAY TRAFFIC SAFETY GRANTS 1





provisions of 23 U.S.C. 402, 404, and 405, and section 6

4001(a)(6) of the Fixing America’s Surface Transpor-7

tation Act (Public Law 114–94), to remain available until 8

expended, $623,017,000, to be derived from the Highway 9

Trust Fund (other than the Mass Transit Account): Pro-10

vided, That none of the funds in this Act shall be available 11

for the planning or execution of programs for which the 12

total obligations in fiscal year 2021 are in excess of 13

$623,017,000 for programs authorized under 23 U.S.C. 14

402, 404, and 405, and section 4001(a)(6) of the Fixing 15

America’s Surface Transportation Act: Provided further, 16

That of the sums appropriated under this heading— 17

(1) $279,800,000 shall be for ‘‘Highway Safety 18

Programs’’ under 23 U.S.C. 402; 19

(2) $285,900,000 shall be for ‘‘National Pri-20

ority Safety Programs’’ under 23 U.S.C. 405; 21

(3) $30,500,000 shall be for the ‘‘High Visi-22

bility Enforcement Program’’ under 23 U.S.C. 404; 23

and 24

November 5, 2020 (5:29 p.m.)

56


(4) $26,817,000 shall be for ‘‘Administrative 1

Expenses’’ under section 4001(a)(6) of the Fixing 2

America’s Surface Transportation Act: 3

Provided further, That none of these funds shall be used 4

for construction, rehabilitation, or remodeling costs, or for 5

office furnishings and fixtures for State, local or private 6

buildings or structures: Provided further, That not to ex-7

ceed $500,000 of the funds made available for ‘‘National 8

Priority Safety Programs’’ under 23 U.S.C. 405 for ‘‘Im-9

paired Driving Countermeasures’’ (as described in sub-10

section (d) of that section) shall be available for technical 11

assistance to the States: Provided further, That with re-12

spect to the ‘‘Transfers’’ provision under 23 U.S.C. 13

405(a)(8), any amounts transferred to increase the 14

amounts made available under section 402 shall include 15

the obligation authority for such amounts: Provided fur-16

ther, That the Administrator shall notify the House and 17

Senate Committees on Appropriations of any exercise of 18

the authority granted under the previous proviso or under 19

23 U.S.C. 405(a)(8) within 5 days. 20

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY 21

TRAFFIC SAFETY ADMINISTRATION 22

SEC. 140. An additional $130,000 shall be made 23

available to the National Highway Traffic Safety Adminis-24

tration, out of the amount limited for section 402 of title 25

November 5, 2020 (5:29 p.m.)

57


23, United States Code, to pay for travel and related ex-1

penses for State management reviews and to pay for core 2

competency development training and related expenses for 3

highway safety staff. 4

SEC. 141. The limitations on obligations for the pro-5

grams of the National Highway Traffic Safety Adminis-6

tration set in this Act shall not apply to obligations for 7

which obligation authority was made available in previous 8

public laws but only to the extent that the obligation au-9

thority has not lapsed or been used. 10

SEC. 142. None of the funds in this Act or any other 11

Act shall be used to enforce the requirements of 23 U.S.C. 12

405(a)(9). 13

FEDERAL RAILROAD ADMINISTRATION 14

SAFETY AND OPERATIONS 15

For necessary expenses of the Federal Railroad Ad-16

ministration, not otherwise provided for, $233,675,000, of 17

which $20,000,000 shall remain available until expended. 18

RAILROAD RESEARCH AND DEVELOPMENT 19

For necessary expenses for railroad research and de-20

velopment, $41,000,000, to remain available until ex-21

pended. 22

November 5, 2020 (5:29 p.m.)

58


RAILROAD REHABILITATION AND IMPROVEMENT 1

FINANCING PROGRAM 2

The Secretary is authorized to issue direct loans and 3

loan guarantees pursuant to sections 501 through 504 of 4

the Railroad Revitalization and Regulatory Reform Act of 5

1976 (Public Law 94–210), as amended, such authority 6

shall exist as long as any such direct loan or loan guar-7

antee is outstanding. 8

FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD 9

REPAIR 10

For necessary expenses related to Federal-State 11

Partnership for State of Good Repair Grants as author-12

ized by section 24911 of title 49, United States Code, 13

$225,000,000, to remain available until expended: Pro-14

vided, That the Secretary shall not limit eligible projects 15

from consideration for funding for planning, engineering, 16

environmental, construction, and design elements of the 17

same project in the same application: Provided further, 18

That the Secretary may withhold up to 1 percent of the 19

amount provided under this heading for the costs of award 20

and project management

[committee print]9 of the office of the secretary: provided further, that no 10 appropriation for...

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