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Code · STATUTE-COMPILATIONS · Further Consolidated Appropriations Act, 2020 · Sec. 119D

Sec. 119D. None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act.

1,932 words·~9 min read·/statute-compilations/comps-15716/sec-119d

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## SEC. 119D None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act. ## Federal Highway Administration ### limitation on administrative expenses #### (highway trust fund) ##### (including transfer of funds) Not to exceed $453,549,689, together with advances and reimbursements received by the Federal Highway Administration, shall be obligated for necessary expenses for administration and operation of the Federal Highway Administration.
In addition, $3,248,000 shall be transferred to the Appalachian Regional Commission in accordance with section 104(a) of title 23, United States Code. ### **[**[23 USC 104 note](/us/usc/t23/s104).**]** federal-aid highways #### (limitation on obligations) ##### (highway trust fund) Funds available for the implementation or execution of Federal-aid highway and highway safety construction programs authorized under titles 23 and 49, United States Code, and the provisions of the Fixing America’s Surface Transportation
(FAST)Act (Public Law 114-94) shall not exceed total obligations of $46,365,092,000 for fiscal year 2020: *Provided*, That the Secretary may collect and spend fees, as authorized by title 23, United States Code, to cover the costs of services of expert firms, including counsel, in the field of municipal and project finance to assist in the underwriting and servicing of Federal credit instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: *Provided further*, That such fees are available until expended to pay for such costs: *Provided further*, That such amounts are in addition to administrative expenses that are also available for such purpose, and are not subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code. ### (liquidation of contract authorization) #### (highway trust fund) For the payment of obligations incurred in carrying out Federal-aid highway and highway safety construction programs authorized under title 23, United States Code, $47,104,092,000 derived from the Highway Trust Fund (other than the Mass Transit Account), to remain available until expended. ### highway infrastructure programs There is hereby appropriated to the Secretary of Transportation $2,166,140,392: *Provided*, That the funds made available under this heading shall be derived from the general fund, shall be in addition to any funds provided for fiscal year 2020 in this or any other Act for:
(1)“Federal-aid Highways” under chapter 1 of title 23, United States Code; or
(2)the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102-240, and shall not affect the distribution or amount of funds provided in any other Act: *Provided further*, Thatsection 1101(b) of Public Law 114-94 shall apply to funds made available under this heading: *Provided further*, That of the funds made available under this heading— ####
(1)$781,140,392 shall be for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code; ####
(2)$1,150,000,000 shall be for a bridge replacement and rehabilitation program; ####
(3)$100,000,000 shall be for necessary expenses for construction of the Appalachian Development Highway System as authorized under section 1069(y) of Public Law 102-240; ####
(4)$3,500,000 shall be for activities eligible under the Puerto Rico Highway Program as described in section 165(b)(2)(C) of title 23, United States Code; ####
(5)$1,500,000 shall be for activities eligible under the Territorial Highway Program, as described in section 165(c)(6) of title 23, United States Code; ####
(6)$70,000,000 shall be for the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act; ####
(7)$50,000,000 shall be for competitive grants for activities described in section 130(a) of title 23, United States Code; ####
(8)$5,000,000 shall be for the Regional Infrastructure Accelerator Demonstration Program authorized under section 1441 of the FAST Act; and ####
(9)$5,000,000 shall be for a National Road Network Pilot Program for the Federal Highway Administration to create a national level, geo-spatial dataset that uses data already collected under the Highway Performance Monitoring System: *Provided further*, That for the purposes of funds made available under this heading for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code, the term “State” means any of the 50 States or the District of Columbia: *Provided further*, That the funds made available under this heading for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code, shall be suballocated in the manner described in section 133(d) of such title, except that the set-aside described in section 133(h) of such title shall not apply to funds made available under this heading: *Provided further*, That the funds made available under this heading for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code, shall be administered as if apportioned under chapter 1 of such title and shall remain available through September 30, 2023: *Provided further*, That the funds made available under this heading for activities eligible under sections 133(b)(1) and 133(b)(4) of title 23, United States Code, and to provide necessary charging infrastructure along corridor-ready or corridor-pending alternative fuel corridors designated pursuant to section 151 of title 23, United States Code, shall be apportioned to the States in the same ratio as the obligation limitation for fiscal year 2020 is distributed among the States in section 120(a)(5) of this Act: *Provided further*, That, except as provided in the following proviso, the funds made available under this heading for activities eligible under the Puerto Rico Highway Program and activities eligible under the Territorial Highway Program shall be administered as if allocated under sections 165(b) and 165(c), respectively, of title 23, United States Code, and shall remain available through September 30, 2023: *Provided further*, That the funds made available under this heading for activities eligible under the Puerto Rico Highway Program shall not be subject to the requirements of sections 165(b)(2)(A) or 165(b)(2)(B) of such title: *Provided further*, That the funds made available under this heading for the nationally significant Federal lands and tribal projects program under section 1123 of the FAST Act shall remain available through September 30, 2023: *Provided further*, That for the purposes of funds made available under this heading for a bridge replacement and rehabilitation program,
(1)the term “State” means any of the 50 States or the District of Columbia, and
(2)the term “qualifying State” means any State in which the percentage of total deck area of bridges classified as in poor condition in such State is at least 5 percent: *Provided further*, That, of the funds made available under this heading for a bridge replacement and rehabilitation program, the Secretary shall reserve $6,000,000 for each State that does not meet the definition of a qualifying State: *Provided further*, That, after making the reservations under the preceding proviso, the Secretary shall distribute the remaining funds made available under this heading for a bridge replacement and rehabilitation program to each qualifying State by the proportion that the percentage of total deck area of bridges classified as in poor condition in such qualifying State bears to the sum of the percentages of total deck area of bridges classified as in poor condition in all qualifying States: *Provided further*, That for the bridge replacement and rehabilitation program: ####
(1)no qualifying State shall receive more than $50,000,000; ####
(2)each State shall receive an amount not less than $6,000,000; and ####
(3)after calculating the distribution of funds pursuant to the preceding proviso, any amount in excess of $50,000,000 shall be redistributed equally among each State that does not meet the definition of a qualifying State: *Provided further*, That the funds made available under this heading for a bridge replacement and rehabilitation program shall be used for highway bridge replacement or rehabilitation projects on public roads: *Provided further*, That for purposes of this heading for the bridge replacement and rehabilitation program, the Secretary shall calculate the percentages of total deck area of bridges (including the percentages of total deck area classified as in poor condition) based on the National Bridge Inventory as of December 31, 2018: *Provided further*, That the funds made available under this heading for a bridge replacement and rehabilitation program shall be administered as if apportioned under chapter 1 of title 23, United States Code, and shall remain available through September 30, 2023: *Provided further*, That the funds made available under this heading, in paragraph
(7)in the third proviso, shall be available for projects eligible under section 130(a) of title 23, United States Code, for commuter authorities, as defined in section 24102(2) of title 49, United States Code, that experienced at least one accident investigated by the National Transportation Safety Board between January 1, 2008 and December 31, 2018 and for which the National Transportation Safety Board issued an accident report: *Provided further*, That the funds made available under this heading, in paragraph
(7)of the third proviso, shall be administered as if apportioned under chapter 1 of title 23, United States Code: *Provided further*, That for the purposes of funds made available under this heading for construction of the Appalachian Development Highway System, the term “Appalachian State” means a State that contains 1 or more counties (including any political subdivision located within the area) in the Appalachian region as defined in section 14102(a) of title 40, United States Code: *Provided further*, That funds made available under this heading for construction of the Appalachian Development Highway System shall remain available until expended: *Provided further*, That a project carried out with funds made available under this heading for construction of the Appalachian Development Highway System shall be carried out in the same manner as a project under section 14501 of title 40, United States Code: *Provided further*, That subject to the following proviso, funds made available under this heading for construction of the Appalachian Development Highway System shall be apportioned to Appalachian States according to the percentages derived from the 2012 Appalachian Development Highway System Cost-to-Complete Estimate, adopted in Appalachian Regional Commission Resolution Number 736, and confirmed as each Appalachian State’s relative share of the estimated remaining need to complete the Appalachian Development Highway System, adjusted to exclude those corridors that such States have no current plans to complete, as reported in the 2013 Appalachian Development Highway System Completion Report: *Provided further*, That the Secretary shall adjust apportionments made under the preceding proviso so that no Appalachian State shall be apportioned an amount in excess of 30 percent of the amount made available for construction of the Appalachian Development Highway System under this heading: *Provided further*, That the Secretary shall consult with the Appalachian Regional Commission in making adjustments under the preceding two provisos: *Provided further*, That the Federal share of the costs for which an expenditure is made for construction of the Appalachian Development Highway System under this heading shall be up to 100 percent: *Provided further*, That amounts provided under this heading in paragraphs (7), (8), and
(9)shall remain available until expended.
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  • Pub. L. 102-240
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Sec. 119D
None of the funds made available by this Act may be used to open, close, redesignate as a lesser office, or reorganize a regional office, the aeronautical center, or technical center unless the Administrator submits a request for the reprogramming of funds under section 405 of this Act.
Pub. L.Pub. L. 102-240
Cites 3Cited by 0 across 0 sources
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