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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-237
======================================================================
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS BILL, 2018
_______
July 21, 2017.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Diaz-Balart, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3353]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Departments of Transportation, and
Housing and Urban Development, and related agencies for the
fiscal year ending September 30, 2018.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of Transportation...................... 2
4
Title II--Department of Housing and Urban Development...... 71
69
Title III--Related Agencies................................ 151
103
Title IV--General Provisions............................... 155
107
Reporting requirements..................................... --
108
Minority views............................................. --
190
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2018, for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended, with respect to appropriations contained
in the accompanying bill, the terms ``program, project, and
activity'' (PPA) shall mean any item for which a dollar amount
is contained in appropriations acts (including joint
resolutions providing continuing appropriations) and
accompanying reports of the House and Senate Committees on
Appropriations, or accompanying conference reports and joint
explanatory statements of the committee of conference. This
definition shall apply to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations made
through either bill or report language. In addition, the
percentage reductions made pursuant to a sequestration order to
funds appropriated for facilities and equipment, Federal
Aviation Administration, shall be applied equally to each
budget item that is listed under said account in the budget
justifications submitted to the House and Senate Committees on
Appropriations as modified by subsequent appropriations acts
and accompanying committee reports, conference reports, or
joint explanatory statements of the committee of conference.
The Committee expects that the operating plans will address
each number listed in the reports, and warns that efforts to
operate programs at levels contrary to the levels recommended
and directed in these reports would not be advised.
OPERATING PLANS AND REPROGRAMMING GUIDELINES
The Committee includes a provision (Sec. 405) establishing
the authority by which funding available to the agencies funded
by this Act may be reprogrammed for other purposes. The
provision specifically requires the advance approval of the
House and Senate Committees on Appropriations of any proposal
to reprogram funds that:
creates a new program;
eliminates a program, project, or activity
(PPA);
increases funds or personnel for any PPA for
which funds have been denied or restricted by the
Congress;
redirects funds that were directed in such
reports for a specific activity to a different purpose;
augments an existing PPA in excess of
$5,000,000 or 10 percent, whichever is less;
reduces an existing PPA by $5,000,000 or 10
percent, whichever is less; or
creates, reorganizes, or restructures
offices different from the congressional budget
justifications or the table at the end of the Committee
report, whichever is more detailed.
The Committee retains the requirement that each agency
submit an operating plan to the House and Senate Committees on
Appropriations not later than 60 days after enactment of this
Act to establish the baseline for application of reprogramming
and transfer authorities provided in this Act. Specifically,
each agency must provide a table for each appropriation with
columns displaying the budget request; adjustments made by
Congress; adjustments for rescissions, if appropriate; and the
fiscal year enacted level. The table shall delineate the
appropriation both by object class and by PPA. The report also
must identify items of special Congressional interest. In
certain instances, the Committee may direct the agency to
submit a revised operating plan for approval or may direct
changes to the operating plan if the plan is not consistent
with the directives of the conference report and statement of
the managers.
The Committee expects the agencies and bureaus to submit
reprogramming requests in a timely manner and to provide a
thorough explanation of the proposed reallocations, including a
detailed justification of increases and reductions and the
specific impact of proposed changes on the budget request for
the following fiscal year. Any reprogramming request shall
include any out-year budgetary impacts and a separate
accounting of program or mission impacts on estimated carryover
funds. Reprogramming procedures shall apply to funds provided
in this bill, unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in fiscal
year 2018, and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2018.
The Committee expects each agency to manage its programs
and activities within the amounts appropriated by Congress. The
Committee reminds agencies that reprogramming requests should
be submitted only in the case of an unforeseeable emergency or
a situation that could not have been anticipated when
formulating the budget request for the current fiscal year.
Except in emergency situations, reprogramming requests should
be submitted no later than June 30, 2018. Further, the
Committee notes that when a Department or agency submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding and, if reconciliation is not possible, to consider
the request to reprogram funds unapproved.
The Committee would also like to clarify that this section
applies to working capital funds of both HUD and DOT and that
no funds may be obligated from working capital fund accounts to
augment programs, projects or activities for which
appropriations have been specifically rejected by the Congress,
or to increase funds or personnel for any PPA above the amounts
appropriated by this Act.
CONGRESSIONAL BUDGET JUSTIFICATIONS
Budget justifications are the primary tool used by the
House and Senate Committees on Appropriations to evaluate the
resource requirements and fiscal needs of agencies. The
Committee is aware that the format and presentation of budget
materials is largely left to the agency within presentation
objectives set forth by the Office of Management and Budget
(OMB). In fact, OMB Circular A-11, part 1 specifically
instructs agencies to consult with congressional committees
beforehand. The Committee expects that all agencies funded
under this Act will heed this directive.
The Committee expects all of the budget justifications to
provide the data needed to make appropriate and meaningful
funding decisions. The Committee continues the direction that
justifications submitted with the fiscal year 2019 budget
request by agencies funded under this Act contain the customary
level of detailed data and explanatory statements to support
the appropriations requests at the level of detail contained in
the funding table included at the end of this report. Among
other items, agencies shall provide a detailed discussion of
proposed new initiatives, proposed changes in the agency's
financial plan from prior year enactment, detailed data on all
programs, and comprehensive information on any office or agency
restructurings. At a minimum, each agency must also provide
adequate justification for funding and staffing changes for
each individual office and materials that compare programs,
projects, and activities that are proposed for fiscal year 2019
to the fiscal year 2018 enacted levels.
The Committee is aware that the analytical materials
required for review by the Committee are unique to each agency
in this Act. Therefore, the Committee expects that each agency
will coordinate with the House and Senate Committees on
Appropriations in advance on its planned presentation for its
budget justification materials in support of the fiscal year
2019 budget request.
OTHER MATTERS
Performance measures.--The Committee directs each of the
agencies funded by this Act to comply with title 31 of the
United States Code including the development of their
organizational priority goals and outcomes such as performance
outcome measures, output measures, efficiency measures, and
customer service measures.
Regional councils.--The Committee encourages federal
agencies to consider including regional councils and councils
of government as eligible entities in competitions for federal
funding when local governments or non-profit agencies are
eligible.
Federally funded research.--The Committee is encouraged by
actions of agencies under the jurisdiction of this bill to
increase access to federally funded research conducted by those
agencies. The Committee urges these agencies to continue their
efforts toward increased access, and the Committee requests
updates on progress made to be included in fiscal year 2019
budget requests.
Responses to Congressional Inquiries.--It is a long-
standing tradition and Constitutional responsibility of the
Executive Branch to be responsive to the Congress. Therefore,
the Committee directs the heads of all entities in this
subcommittee's jurisdiction to respond in a consistent and
timely manner to inquiries from Members regardless of political
party (or majority or minority status). Furthermore, not more
than 30 days after this report is filed and then on a quarterly
basis, the Secretary shall submit to the Committee a
Congressional correspondence tracker showing, only by party,
the date the correspondence was received and the date a
response was sent.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
Appropriation, fiscal year 2017....................... $114,000,000
Budget request, fiscal year 2018...................... 111,899,000
Recommended in the bill............................... 108,899,000
Bill compared with:
Appropriation, fiscal year 2017................... -5,101,000
Budget request, fiscal year 2018.................. -3,000,000
Immediate Office of the Secretary.--The Immediate Office of
the Secretary has primary responsibility to provide overall
planning, direction, and control of departmental affairs.
Immediate Office of the Deputy Secretary.--The Immediate
Office of the Deputy Secretary has primary responsibility to
assist the Secretary in the overall planning, direction, and
control of departmental affairs. The Deputy Secretary serves as
the chief operating officer of the Department of
Transportation.
Executive Secretariat.--The Executive Secretariat assists
the Secretary and Deputy Secretary in carrying out their
responsibilities by controlling and coordinating internal and
external documents.
Office of the Chief Information Officer.--The Office of the
Chief Information Officer serves as the principal advisor to
the Secretary on information resources and information systems
management.
Office of the Assistant Secretary for Governmental
Affairs.--The Office of the Assistant Secretary for
Governmental Affairs is responsible for coordinating all
Congressional, intergovernmental, and consumer activities of
the Department.
Office of the General Counsel.--The Office of the General
Counsel provides legal services to the Office of the Secretary
and coordinates and reviews the legal work of the chief
counsels' offices of the operating administrations.
Office of the Assistant Secretary for Budget and
Programs.--The Office of the Assistant Secretary for Budget and
Programs is responsible for developing, reviewing, and
presenting budget resource requirements for the Department to
the Secretary, Congress, and the Office of Management and
Budget.
Office of the Assistant Secretary for Administration.--The
Office of the Assistant Secretary for Administration serves as
the principal advisor to the Secretary on Department-wide
administrative matters and the responsibilities include
leadership in acquisition reform and human capital.
Office of Public Affairs.--The Office of Public Affairs is
responsible for the Department's press releases, articles,
briefing materials, publications, and audio-visual materials.
Office of Intelligence, Security, and Emergency Response.--
The Office of Intelligence, Security, and Emergency Response is
responsible for intelligence, security policy, preparedness,
training and exercises, national security, and operations.
Office of the Under Secretary of Transportation for
Policy.--The Office of the Under Secretary of Transportation
for Policy serves as the Department's chief policy officer, and
is responsible for the coordination and development of
departmental policy and legislative initiatives; international
standards development and harmonization; aviation and other
transportation-related trade negotiations; the performance of
policy and economic analysis; and the execution of the
Essential Air Service program.
COMMITTEE RECOMMENDATION
The bill provides $108,899,000 for the salaries and
expenses of the offices comprising the Office of the Secretary
of Transportation (OST). The Committee's recommendation is
$5,101,000 below the 2017 enacted level and $3,000,000 the
request. The Committee's recommendation includes individual
funding for each office as has been done in prior years.
However, the bill increases the amount allowed for transfers
between offices from five percent to ten percent.
Operating plan.--The Committee directs the Department to
submit an operating plan for fiscal year 2018 signed by the
Secretary for review by the Committees on Appropriations of the
House and Senate within 60 days of enactment of this Act. The
operating plan should include funding levels for the various
offices, programs, and initiatives detailed down to the object
class or program element covered in the budget justification
and supporting documents, documents referenced in the House and
Senate reports, and the statement of the managers (i.e. not
simply the activities called out in bill language). Should the
Department create, alter, discontinue, or otherwise change any
program as described in the Department's budget justification,
those changes must be a part of the Department's operating
plan.
Finally, the Department shall submit with the operating
plan a summary of the DOT reporting requirements contained in
the Act, the House and Senate reports, and the Statement of the
Managers. The Committee requests a number of reports to gather
information and conduct oversight. The summary should include
Inspector General and Government Accountability Office reports
as well.
Bill language.--The bill continues language that permits up
to $2,500,000 of fees to be credited to the Office of the
Secretary for salaries and expenses, and limits reception and
representation expenses to $60,000.
Open skies.--In fiscal year 2016, the Committee provided
the Department $130,000 in requested funds to conduct studies
and regulatory analysis to ensure U.S. airlines and consumers
realize the full benefits of open skies agreements.
Additionally, the Department began an interagency process to
solicit comment and explore whether foreign government
subsidies received by some international carriers were
resulting in market distortions. While the previous
Administration initiated informal discussions with some foreign
governments to address these subsidies, no conclusion was
reached prior to the end of the Administration. The Committee
strongly urges the Department to continue discussions to ensure
that U.S. airline carriers and their workers have a fair and
equal opportunity to compete in accordance with open skies
agreements. The Committee directs the Department to provide
regular updates to the Committee.
Natural gas vehicle safety.--The Secretary is encouraged to
assess new developments and advances with respect to natural
gas vehicles, and is directed to oversee implementation of new
safety regulations for liquefied natural gas fuel tanks and
fuel systems on commercial motor vehicles, to revise and update
regulations for compressed natural gas (CNG) cylinders,
including inspection requirements for such cylinders, to issue
guidelines on the ability of bus manufacturers to deploy
transit buses that have roof-top mounted CNG cylinders, and to
clarify through guidance that rules restricting alternative
fuel vehicle access to bridges and tunnels should not be any
more restrictive than those addressing gasoline and diesel
fueled vehicles.
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2017....................... $13,000,000
Budget request, fiscal year 2018...................... 8,465,109
Recommended in the bill............................... 8,465,109
Bill compared with:
Appropriation, fiscal year 2017................... -4,534,891
Budget request, fiscal year 2018.................. - - -
The Office of the Assistant Secretary for Research and
Technology coordinates, facilitates, and reviews the
Department's research and development programs and activities;
coordinating and developing positioning, navigation and timing
(PNT) technology; maintaining PNT policy, coordination and
spectrum management; managing the Nationwide Differential
Global Positioning System; and overseeing and providing
direction to the Bureau of Transportation Statistics, the
Intelligent Transportation Systems Joint Program Office, the
University Transportation Centers program, the Volpe National
Transportation Systems Center and the Transportation Safety
Institute.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $8,465,109 for
research and technology activities, the same as the budget
request and $4,534,891 below the fiscal year 2017 enacted
level.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
Appropriation, fiscal year 2017....................... $3,000,000
Budget request, fiscal year 2018...................... 3,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -2,000,000
Budget request, fiscal year 2018.................. -2,000,000
The National Surface Transportation and Innovative Finance
Bureau administers and coordinates the Department of
Transportation's existing transportation finance programs.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $1,000,000 for the
National Surface Transportation and Innovative Finance Bureau
(the ``Bureau''), $2,000,000 below the request and the 2017
enacted level. An additional $3,000,000 is made available by
transfer from the Maritime Guaranteed Loan (Title XI) Program
Account for a total resource level of $4,000,000, $1,000,000
above the request and the 2017 enacted level. The Committee
expects the Bureau to administer the Title XI program in fiscal
year 2018.
FINANCIAL MANAGEMENT CAPITAL
Appropriation, fiscal year 2017....................... $4,000,000
Budget request, fiscal year 2018...................... 3,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2017................... -4,000,000
Budget request, fiscal year 2018.................. -3,000,000
The Financial Management Capital program supports a multi-
year project to upgrade DOT financial systems, processes and
reporting capabilities.
COMMITTEE RECOMMENDATION
The Committee does not recommend any funding for the
Financial Management Capital program which is $3,000,000 below
the budget request and $4,000,000 below the 2017 enacted level.
Amounts provided in fiscal year 2017 were intended to complete
the Department's financial management upgrade and therefore no
additional resources are recommended.
CYBER SECURITY INITIATIVE
Appropriation, fiscal year 2017....................... $15,000,000
Budget request, fiscal year 2018...................... 10,000,000
Recommended in the bill............................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +5,000,000
The Cyber Security Initiative is an effort to close
performance gaps in the Department's cybersecurity. The
initiative includes support for essential program enhancements,
infrastructure improvements and contractual resources to
enhance the security of the Department's computer network and
reduce the risk of security breaches.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $15,000,000 to
support the Secretary's cyber security initiative, which is the
same as the fiscal year 2017 enacted level and $5,000,000 above
the budget request.
Digital workspace technologies.--The Committee recognizes
that the use of digital workspace technologies can increase
user productivity, enhance cybersecurity, and allow workforce
flexibility. The Committee encourages the Department to explore
a broad ecosystem support of multi-factor authentication
solutions to strengthen the Department's cybersecurity posture.
This should include strategies and programs that reduce the
total lifecycle costs of traditional legacy workspace
infrastructure.
OFFICE OF CIVIL RIGHTS
Appropriation, fiscal year 2017....................... $9,751,000
Budget request, fiscal year 2018...................... 9,500,000
Recommended in the bill............................... 9,500,000
Bill compared with:
Appropriation, fiscal year 2017................... -251,000
Budget request, fiscal year 2018.................. - - -
The Office of Civil Rights is responsible for advising the
Secretary on civil rights and equal opportunity issues, and
ensuring the full implementation of the civil rights laws and
departmental civil rights policies in all official actions and
programs. This office is responsible for enforcing laws and
regulations that prohibit discrimination in federally operated
and federally assisted transportation programs and enabling
access to transportation providers. The Office of Civil Rights
also handles all civil rights cases affecting Department of
Transportation employees.
COMMITTEE RECOMMENDATION
The Committee recommends $9,500,000 for the Office of Civil
Rights, the same as the budget request and $251,000 below the
fiscal year 2017 enacted level.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
Appropriation, fiscal year 2017....................... $12,000,000
Budget request, fiscal year 2018...................... 8,500,000
Recommended in the bill............................... 8,500,000
Bill compared with:
Appropriation, fiscal year 2017................... -3,500,000
Budget request, fiscal year 2018.................. - - -
This appropriation finances research activities and studies
related to the planning, analysis, and information development
used in the formulation of national transportation policies and
plans. It also finances the staff necessary to conduct these
efforts. The overall program is carried out primarily through
contracts with other federal agencies, educational
institutions, nonprofit research organizations, and private
firms.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $8,500,000 for
transportation planning, research, and development, which is
$3,500,000 below the fiscal year 2017 enacted level and the
same as the budget request.
Of the funds provided, the recommendation includes
$3,000,000 to support the permitting dashboard.
Infrastructure mapping with geospatial tools.--DOT
possesses and collects much information on airports, airways,
roads, bridges and transit infrastructure, but this rich data
source is neither location-based nor integrated across asset
types. As the nation contemplates making a significant
investment in improving infrastructure, the Committee
encourages DOT to establish a location-based, comprehensive,
integrated enterprise geographic information system that would
allow the selection, management, measurement, cross-asset
analysis and impact of infrastructure investments using
competitively acquired commercial geospatial tools. This would
optimize the Department's ability to properly analyze the
condition of assets, project outcomes of investments, choose
investments that would be most impactful, accurately report
where investments were implemented, monitor infrastructure
projects, measure the results of the investments, and provide
data for public oversight in a modern, completely transparent
environment.
WORKING CAPITAL FUND
Appropriation, fiscal year 2017....................... $190,389,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 202,245,000
Bill compared with:
Appropriation, fiscal year 2017................... +11,856,000
Budget request, fiscal year 2018.................. +202,245,000
The working capital fund was created to provide common
administrative services to the operating administrations and
outside entities that contract for the fund's services. The
working capital fund operates on a fee-for-service basis and
receives no direct appropriations; it is fully self-sustaining
and must achieve full cost recovery.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $202,245,000 on
the Working Capital Fund (WCF), an increase of $11,856,000 over
the limit set in 2017. The Administration did not propose a WCF
legislative limitation. The Committee continues to stipulate
that the limitation is only for services provided to the
Department of Transportation, not other entities. Further, the
Committee directs that, as much as possible, services shall be
provided on a competitive basis.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
------------------------------------------------------------------------
Limitation on
Appropriation guaranteed
loans
------------------------------------------------------------------------
Appropriation, fiscal year 2017....... $941,000 ($18,367,000)
Budget request, fiscal year 2018...... 500,301 (- - -)
Recommended in the bill............... 500,301 (- - -)
Bill compared with:
Appropriation, fiscal year 2017... -440,699 (-18,367,000)
Budget request, fiscal year 2018.. - - - (- - -)
------------------------------------------------------------------------
Through the Short Term Lending Program, the minority
business resource center assists disadvantaged, minority, and
women-owned businesses with obtaining short-term working
capital for DOT and DOT-funded transportation-related
contracts. The program enables qualified businesses to obtain
loans at two percentage points above the prime interest rate
with DOT guaranteeing up to 75 percent of the loan.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $500,301 for the
Minority Business Resource Center, the same as the budget
request and $440,699 less than the 2017 enacted level. The
entire amount is for administrative expenses including
education outreach activities, monitoring of existing loans,
and modification of existing loans. No funding is provided to
support new loans and the Committee recommends no additional
limitation on guaranteed loans in fiscal year 2018. The request
effectively eliminates the Short Term Lending Program. The
program has had negligible loan volume in recent years as the
Small Business Administration's CAPLine loan program has been
streamlined and become the preferred source of funds for this
market.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
Appropriation, fiscal year 2017....................... $4,646,000
Budget request, fiscal year 2018...................... 3,999,093
Recommended in the bill............................... 3,999,093
Bill compared with:
Appropriation, fiscal year 2017................... -646,907
Budget request, fiscal year 2018.................. - - -
The Office of Small and Disadvantaged Business Utilization
has been merged with the minority business outreach program to
provide contractual support to small and disadvantaged
businesses and provide information dissemination and technical
and financial assistance to empower those businesses to compete
for contracting opportunities with DOT and DOT-funded contracts
or grants for transportation-related projects.
COMMITTEE RECOMMENDATION
The Committee recommends $3,999,093 for small and
disadvantaged business utilization and outreach, which is the
same as the budget request and $646,907 below the 2017 enacted
level.
The Committee encourages the Department to partner with
Hispanic Serving Institutions and Historically Black Colleges
and Universities for research and information dissemination
with regards to minority owned businesses.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2017....................... $150,000,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +150,000,000
The Essential Air Service program (EAS) was created by the
Airline Deregulation Act of 1978 as a ten-year measure to
continue air service to communities that had received air
service prior to deregulation. The program currently provides
subsidies to air carriers serving small communities that meet
certain criteria.
The Federal Aviation Administration Reauthorization Act of
1996 authorized the collection of ``overflight fees''.
Overflight fees are a type of user fee collected by the Federal
Aviation Administration (FAA) from aircraft that neither take
off from, nor land in, the United States. The FAA Modernization
and Reform Act of 2012 increased the authorized level of
overflight fee collection, and increased the amount that the
Department can apply to the EAS program. The budget request
estimates that this fee will provide $119,129,000 for the EAS
program in fiscal year 2018.
COMMITTEE RECOMMENDATION
For fiscal year 2018, the Committee includes $150,000,000
in discretionary funding for the EAS program, which is the same
as the fiscal year 2017 enacted level and $150,000,000 above
the budget request.
The following table shows the discretionary, mandatory, and
total program levels for the EAS program:
----------------------------------------------------------------------------------------------------------------
Appropriation Mandatory Total Program
----------------------------------------------------------------------------------------------------------------
FY 2017 Enacted................................................. $150,000,000 $113,290,000 $263,290,000
FY 2018 Request................................................. - - - 119,129,000 119,129,000
Committee Recommendation........................................ 150,000,000 119,129,000 269,129,000
----------------------------------------------------------------------------------------------------------------
The Committee remains concerned about the growing costs
associated with the EAS program. While limiting the program to
current sites and eliminating the requirement that EAS carriers
utilize 15-passenger aircraft have helped mitigate some of the
cost growth, the Committee believes that the Department should
continue to explore reforms to the program that will create
greater competition among carriers and control overall costs.
The Committee directs the Department to utilize all the
overflight fees collected for this program to alleviate the
discretionary funding requirement for the program.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
(INCLUDING TRANSFER OF FUNDS)
Section 101 continues the provision prohibiting the Office
of the Secretary of Transportation from approving assessments
or reimbursable agreements pertaining to funds appropriated to
the operating administrations in this Act, unless such
assessments or agreements have completed the normal
reprogramming process for Congressional notification.
Section 102 continues the provision regarding
administrative requirements of DOT's Credit Council.
Section 103 continues a provision giving the Secretary
authority to advance payment to carry out the Federal transit
benefits program and to provide transit benefit services to
other agencies.
Section 104 adds a provision giving the Secretary permanent
transfer authorities necessary to carry out the duties of the
National Surface Transportation and Innovative Finance Bureau.
Section 105 adds a provision transferring the deposit of
fees collected through the Railroad Rehabilitation and
Improvement Financing Act program from the Federal Railroad
Administration to the National Surface Transportation and
Innovative Finance Bureau account.
Federal Aviation Administration
The Federal Aviation Administration (FAA) is responsible
for the safety and development of civil aviation and for the
evolution of a national system of airports. The Federal
government's regulatory role in civil aviation began with the
creation of an Aeronautics Branch within the Department of
Commerce pursuant to the Air Commerce Act of 1926. This Act
instructed the Secretary of Commerce to foster air commerce;
designate and establish airways; establish, operate, and
maintain aids to navigation; arrange for research and
development to improve such aids; issue airworthiness
certificates for aircraft and major aircraft components; and
investigate civil aviation accidents. In the Civil Aeronautics
Act of 1938, these activities were subsumed into a new,
independent agency named the Civil Aeronautics Authority.
After further administrative reorganizations, Congress
streamlined regulatory oversight in 1957 with the creation of
two separate agencies, the Federal Aviation Agency and the
Civil Aeronautics Board. When the Department of Transportation
began its operations on April 1, 1967, the Federal Aviation
Agency was renamed the Federal Aviation Administration (FAA),
and became one of several modal administrations within the
department. The Civil Aeronautics Board was later phased out
with enactment of the Airline Deregulation Act of 1978, and
ceased to exist at the end of 1984. FAA's mission expanded in
1995 with the transfer of the Office of Commercial Space
Transportation from the Office of the Secretary, and contracted
in December 2001 with the transfer of civil aviation security
activities to the new Transportation Security Administration.
NextGen.--The Committee places a high priority on Next
Generation of Air Traffic Control (NextGen) programs, and
provides a total of $1,080,215,000 for NextGen across the
operations, facilities and equipment, and research evaluation
and demonstration accounts. This is $50,941,000 above the
enacted level and $92,174,000 above the budget request.
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2017....................... $10,025,852,000
Budget request, fiscal year 2018...................... 9,890,886,000
Recommended in the bill............................... 10,185,482,000
Bill compared with:
Appropriation, fiscal year 2017................... +159,630,000
Budget request, fiscal year 2018.................. +294,596,000
This appropriation provides funds for the operation,
maintenance, communications, and logistical support of the air
traffic control and air navigation systems. It also covers
administrative and managerial costs for the FAA's regulatory,
international, medical, engineering and development programs as
well as policy oversight and overall management functions.
The operations appropriation includes the following major
activities: (1) operation on a 24-hour daily basis of a
national air traffic system; (2) establishment and maintenance
of a national system of aids to navigation; (3) establishment
and surveillance of civil air regulations to ensure safety in
aviation; (4) development of standards, rules and regulations
governing the physical fitness of airmen, as well as the
administration of an aviation medical research program; (5)
administration of the acquisition, and research and development
programs; (6) headquarters, administration, and other staff
offices; and (7) development, printing, and distribution of
aeronautical charts used by the flying public.
COMMITTEE RECOMMENDATION
The Committee recommends $10,185,482,000 for FAA
operations, which is $159,630,000 above the fiscal year 2017
enacted level and $294,596,000 above the budget request.
The following table shows a comparison of the fiscal year
2017 enacted level, the budget request, and the Committee
recommendation by budget activity:
----------------------------------------------------------------------------------------------------------------
Committee
FY 2017 Enacted FY 2018 Request Recommendation
----------------------------------------------------------------------------------------------------------------
Air traffic organization.................................. 7,559,785,000 7,491,938,000 7,691,814,000
Aviation safety........................................... 1,298,482,000 1,257,981,000 1,309,749,000
Commercial space transportation........................... 19,826,000 17,905,000 21,587,000
Finance and management.................................... 771,342,000 758,192,000 777,506,000
NextGen planning.......................................... 60,155,000 59,041,000 59,951,000
Security and Hazardous Materials Safety................... 107,161,000 100,961,000 112,622,000
Staff offices............................................. 209,101,000 204,868,000 212,253,000
-----------------------------------------------------
Total................................................. 10,025,852,000 9,890,886,000 10,185,482,000
----------------------------------------------------------------------------------------------------------------
Unmanned aircraft systems (UAS) integration.--Within the
operations account, the Committee provides $51,000,000 for UAS
integration, an increase of $26,000,000 above the budget
request. This increase is provided to help FAA accelerate its
efforts to safely integrate UAS into the national airspace.
Justification of general provisions.--The Committee
continues its direction to provide a justification for each
general provision proposed in the FAA budget, and therefore
expects the fiscal year 2019 budget to include adequate
information on each proposed general provision.
TRUST FUND SHARE OF FAA BUDGET
The bill derives $8,859,900,000 of the total operations
appropriation from the Airport and Airway Trust Fund. The
balance of the appropriation, $1,325,582,000, will be drawn
from the general fund of the Treasury.
AIR TRAFFIC ORGANIZATION
The bill provides $7,691,814,000 for the air traffic
organization, which is $132,029,000 above the 2017 enacted
level and $199,876,000 above the budget request.
Noise and community outreach.--The Committee is encouraged
by the additional measures the FAA is taking to enhance
outreach to communities affected by new flightpaths. The
Committee recommendation includes an additional $2,000,000 to
support the FAA's ongoing efforts to address community noise
concerns. Of this total, $250,000 is provided to help the FAA
develop better tools for effective engagement with local
communities. The remaining $1,750,000 is provided to advance
FAA's operational procedure concepts. The Committee encourages
the FAA to improve the development of flight procedures in ways
that will reduce noise through procedure modification and
dispersion to reduce the impact on local communities. The
funding provided should be used for methods that can produce
measurable results. The FAA should give high priority to
evaluating where increased noise levels disrupts homes and
businesses, and threatens public health, and should provide all
necessary resources to regional offices to work with local
communities to meet this objective.
Noise health effects research.--The Committee supports
research that is being conducted through the FAA's Center of
Excellence for Alternative Jet Fuel and Environment, the
Aviation Sustainability Center (ASCENT) on the impact of
aviation noise on both sleep and cardiovascular health. The
Committee directs FAA to continue to prioritize this research,
as many communities across the country contend with increased
frequency of passing aircraft on a daily basis. In addition,
the Committee directs the FAA to continue to evaluate
alternative metrics to the current Day Night Level (DNL) 65
standard and other methods to address community airplane noise
concerns. The Committee encourages FAA not to rely solely on
modeling and simulation, to the greatest extent that is
technically feasible.
New York, New Jersey, Philadelphia airspace redesign.--The
Committee is aware that the FAA's New York, New Jersey,
Philadelphia Airspace redesign project has been suspended. If
the FAA plans to restart this plan, or any similar plan for
these jurisdictions, the FAA is directed to notify the
Committees on Appropriations 180 days before taking action.
Chicago O'Hare International Airport noise.--The Committee
directs the FAA to continue to work expeditiously to identify
appropriate short and long term mitigation measures to address
local concerns that have been raised as a result of the O'Hare
Modernization Program at Chicago O'Hare International Airport.
The FAA is expected to provide a progress report on these
measures to the Committee within 90 days of enactment of this
Act.
Contract tower program.--The Committee recommendation
includes $162,000,000 for the contract tower program, including
the contract tower cost share program. This level is $3,000,000
above the fiscal year 2017 enacted level. The Committee
continues to strongly support the FAA contract tower program as
a cost-effective and efficient way to provide air traffic
control services to smaller airports across the country as
validated by numerous audits of the Department of
Transportation Office of Inspector General. In an effort to
increase air traffic safety benefits throughout the national
air transportation system, the Committee has provided dedicated
funding over the past few years to add qualified airports
annually to the program. The Committee expects FAA to continue
to operate the 253 contract towers currently in the program,
including the contract tower cost share program, as well as the
qualified airports that are eligible to enter the program and
any other airport that may qualify during the fiscal year. FAA
is directed to provide the Committee with a plan for beginning
operations at qualified towers during the fiscal year and a
detailed report on the administrative and program management
expenses for the program.
Flight service stations.--The Committee believes that
flight service to the general aviation community should
continue to provide a high level of safety and services. Any
changes to the system contemplated by FAA should be
communicated to the general aviation community, with an
opportunity for feedback from stakeholders. The Committee
values the ability of pilots to speak to a specialist, and
believes that any movement toward the use of pilot self-
assistance should be employed gradually.
Spectrum efficient national surveillance radar (SENSR).--
The Committee recommends that the FAA, as the lead agency in
the emerging joint Spectrum Efficient National Surveillance
Radar SENSR initiative, continue supporting the decision to
vacate the 1300/1350 MHz band and provide 50 MHz of spectrum
for FCC auctions. The Committee also recommends that the FAA
ensure that all possible material and nonmaterial solutions are
encouraged and fairly evaluated in upcoming activities and not
allow any particular agency or group to direct the specific use
of technology or spectrum to fulfill the mission of this
critical system.
Wind turbine farm radar interference.--Not later than 180
days after enactment of this Act, the Committee directs the FAA
to issue a request for information (RFI) for technologies,
techniques, and strategies related to wind turbine farm radar
interference. The Committee further directs the FAA to analyze
the information collected as a result of the RFI, and to the
extent possible, use this information as part of the
development of an approval and certification process.
AVIATION SAFETY
The Committee provides $1,309,749,000 for aviation safety,
which is $11,267,000 above the fiscal year 2017 enacted level
and $51,768,000 above the budget request.
The Committee continues its direction requiring the
Secretary to provide annual reports regarding the use of the
funds provided, including, but not limited to, the total full-
time equivalent staff years in the offices of aircraft
certification and flight standards, total employees, vacancies,
and positions under active recruitment.
Safety critical staffing.--In September, 2006, the National
Academies of Sciences (NAS) released a congressionally-mandated
study (Section 506(c) of P.L. 108-176) on the staffing
standards required for aviation safety inspectors. Given the
increased integration of unmanned aerial vehicles (UAVs) into
the national airspace, the FAA safety inspector workforce must
be sufficient to manage core safety inspection responsibilities
along with emerging inspection challenges related to UAVs and
other technologies. Efforts to update the current safety
critical staffing model are important, however, the Committee
is interested in learning how well the FAA adhered to the
staffing standard that was developed in 2006. The Committee
directs the GAO to conduct a review of the FAA's implementation
of and compliance with the NAS staffing standard for aviation
safety inspectors. The study should identify revisions that
were made to the 2006 staffing standard and examine the FAA's
rationale for making any changes. The Committee directs the GAO
to provide a report to the House and Senate Committees on
Appropriations within 180 days of enactment of this Act.
Maintenance technician staffing and training.--In the
Committee's fiscal year 2017 report, the Committee directed the
Inspector General to undertake an assessment of the FAA's plans
and strategy for the hiring, placement and training of FAA
maintenance technicians. In September, 2016, the IG initiated
an audit and evaluation of FAA's hiring and placement practices
for the technician workforce. Additionally, the IG's audit
announcement indicated that a follow-up review would address
technician training. The Committee remains keenly interested in
the results of both reviews. As the FAA continues to modernize
the air traffic control system, the agency must provide robust
and concurrent training to the technical workforce as new
technologies are deployed. The FAA's technical operations
workforce is critically important to ensure the safe operation
of our nation's 24-hour/7-day-a-week air traffic control
system. The Committee directs the IG to provide an update on
the status of both reviews to the House and Senate Committees
on Appropriations within 90 days of enactment of this Act.
Allergic reactions aboard aircraft.--The Committee directs
the FAA to review its policies concerning severe allergic
reactions aboard aircraft and submit a report within 90 days of
enactment of this Act detailing: the reporting requirements for
airlines when an allergic reaction occurs, the data collection
standards for such a report, and the number of reports in the
past year.
Harmonizing flight data and cockpit voice recorder
regulations.--The Committee understands that automatic
deployable flight recorders are among the acceptable
technologies that meet new International Civil Aviation
Organization (ICAO) requirements. The Committee remains
concerned that the corresponding Federal Aviation Regulations
(FARs) for Cockpit Voice and Flight Data Recorders have not
been harmonized to reflect the allowed use of automatic
deployable flight recorders, resulting in uncertain
certification and installation requirements for aircraft
manufacturers and airlines wishing to voluntarily install
deployable flight recorders. The Committee directs FAA to
formally update all FARs and any other necessary U.S.
regulations to enable the voluntary installation and
certification of FAA approved automatic deployable flight
recorder systems in compliance with U.S. and international
standards for commercial aircraft.
Additive manufacturing.--The Committee recognizes the
emergence of additive manufacturing (AM), the advances in the
fabrication of complex structures has the potential to
transform aircraft and spacecraft propulsion and eventually
other high-value complex components of these vehicles. The
Committee understands a primary challenge in AM for aerospace
applications is the certification of flight worthiness of
complex AM-constructed components. The Committee directs the
FAA, in collaboration with academic and industry partners, to
develop and define the critical standards and assessment
methods for certifying AM components for aerospace applications
including the development of advanced non-destructive
evaluation methodologies for risk identification and assessment
or as in-situ manufacturing process controls.
In addition, the Committee directs the FAA to provide a
report on the use of additively manufactured parts within the
civil aerospace industry detailing any efforts to monitor what
additively manufactured components are utilized on airframes,
and what measures are being taken to monitor and mitigate the
use of counterfeit additively manufactured parts.
Designated airworthiness representative (DAR-56) program.--
The Committee notes the effectiveness of the DAR-56
certification program, which allows certified aircraft parts
distributors to issue FAA airworthiness tags based on
alternative documentation. The Committee encourages FAA to make
the program permanent.
Human intervention motivation study (HIMS) and the flight
attendant drug and alcohol program (FADAP).--The Committee
recognizes the effectiveness of the Human Intervention
Motivation Study (HIMS) and the Flight Attendant Drug and
Alcohol Program (FADAP) in mitigating drug and alcohol abuse
through a peer identification and intervention program. The
Committee recommends that the FAA continue to prioritize this
program and urges the FAA to continue this program from within
available resources.
Aviation rulemaking committee, Part 135.--The Committee
recommends that FAA convene an Aviation Rulemaking Committee
(ARC) in order to examine rest and duty regulations governed by
Part 135 and Subpart K of Part 91 of Title 14, Code of Federal
Regulations. Such an ARC should ensure that all segments of the
operation are represented in the ARC process. Industry
representatives, fatigue experts, and exclusive representatives
of Part 135 and 91k pilot labor should all be engaged in the
discussions in order to ensure the full breadth of the industry
is represented. The ARC should take into consideration the work
of rulemaking committees addressing fatigue in aviation,
scientific data derived from fatigue and sleep research, data
gathered from aviation safety reporting programs, and make
accommodations necessary for the diversity of operations
conducted under part 135, including small businesses.
Certificate management offices (CMO)/repair stations.--The
Committee is pleased the FAA has realigned its Flight Standards
Service from geographic to functional offices, each focusing on
specialized areas of aviation safety oversight and technical
expertise. Consistent with this emphasis on regulatory
consistency and maximized use of FAA resources, the Committee
directs the agency to report, within 180 days of enactment of
this Act, on the feasibility of defining criteria similar to
that currently being used by airline operations, under which
the certificate management unit and certificate management
office construct can be utilized by repair stations and other
certificate holders.
Part 135 industry trends.--The Committee directs the agency
to provide, within 180 days of enactment of this Act, an update
of ``Study of Operators Regulated Under Part 135'' (PL 112-95;
Sec. 409) to cover activity between 2012-2016. The Committee
encourages the agency to consult with industry in advance of
the update on additional business, economic, employment and
other data points that should be included to provide a more
complete picture of the state of the industry.
Improving air carrier certification for small business.--
The Committee is concerned FAA staffing and allocation of
resources has led to a backlog of applicants and regional
variability to manage or accept new applications for Single
Pilot Part 135 Air Carrier certificates, an important part of
creating new businesses opportunities and providing additional
carrier paths for pilots. The Committee directs the agency
provide an assessment of the current certification process for
these small air carrier applicants, the number of persons
currently seeking certification, the average time from initial
application to certification and agency recommendations for
more effectively allocating resources to lead to shorter
certification times without compromising safety standards.
Lap-held restraints.--The Committee directs the FAA report
to the House and Senate Committees on Appropriations within 180
days of enactment what actions it plans to take to improve the
safety of flying with a lap-held infant, including
recommendations on minimum performance standards for lap-held
restraints.
COMMERCIAL SPACE TRANSPORTATION
The Committee recommends $21,587,000 for the Office of
Commercial Space Transportation, which is $1,761,000 above the
fiscal year 2017 enacted level and $3,682,000 above the budget
request. The additional funding will protect the workforce from
attrition reductions that were proposed as part of the
President's budget request. Maintaining the workforce of this
office is essential to ensuring that the FAA can keep pace with
the licensing and permitting needs of a growing and
increasingly complex industry.
Space launch system.--The Committee commends the FAA Office
of Commercial Space Transportation's efforts to promote private
sector lunar exploration and development and encourages the FAA
to explicitly define non-interference and to enhance its
payload review process to provide companies planning private
sector lunar development with the security and predictability
necessary to support substantial investments. The Committee
also encourages the office, in collaboration with the
Commercial Space Transportation Advisory Committee, to engage
in conversation with NASA to explore the lift power and
capacity of the Space Launch System (SLS) as a means of
facilitating commercial-space efforts, in accordance with the
Commercial Space Launch Act, in which the SLS sometimes serves
in an infrastructure-building role to speed the transport of
large-volume payloads and non-profit or cost-sharing payloads,
and payloads which benefit from being inserted into lunar orbit
together.
FINANCE AND MANAGEMENT
The Committee recommends $777,506,000 for finance and
management activities, which is $6,164,000 above the fiscal
year 2017 enacted level and $19,314,000 above the budget
request.
FAA telecommunications infrastructure mission support
network.--The Committee is concerned by the FAA's decision to
extend by five years its aging Mission Support Network, a
decision which carries both technology and cost implications.
Within 120 days of enactment of this Act, the FAA will provide
to the Committee a report on the status of the FTI Mission
Support Network along with future plans, including 1) the
contract's current scope of service and performance, 2) current
technology profile, including what services can and cannot be
provided, and what, if any, technology services will likely be
retired over the course of the extension, and 3) the
extension's implications to the network's total cost of
ownership. The report should also contain a discussion of the
proposed decision to extend the contract sole-source, and
whether the FAA has explored using alternative Government-wide
telecommunications contract vehicles and how those alternative
vehicles could meet current and future technology needs at a
reduced cost.
Regional offices/noise.--The Committee recognizes the
critical role played by FAA regional offices in addressing
community concerns with airplane noise. The Committee has
provided additional resources in the operations account to
address this issue, and directs the FAA to increase staff
levels in the regions where appropriate to ensure proper
community outreach to affected communities.
Controller workforce.--The Committee directs FAA to
continue to update the House and Senate Committees on
Appropriations on the diversity of the controller workforce.
The Committee notes that revised hiring procedures yielded a
class of developmental controllers that represent a more
diverse demographic. The Committee remains interested in the
success of these new controllers and requests a briefing on
their progress no later than 120 days after enactment of this
Act.
NEXTGEN AND OPERATIONS PLANNING
The Committee recommends $59,951,000 for NextGen and
Operations Planning, which is $204,000 below the fiscal year
2017 enacted level and $910,000 above the budget request.
SECURITY AND HAZARDOUS MATERIALS SAFETY
The Committee recommends $112,622,000 for Security and
Hazardous Materials Safety, which is $5,461,000 above the
fiscal year 2017 enacted level and $11,661,000 above the budget
request.
STAFF OFFICES
The Committee recommends $212,253,000 for Staff Offices,
which is $3,152,000 above the fiscal year 2017 enacted level
and $7,385,000 above the budget request.
BILL LANGUAGE
Second career training program.--The bill retains language
prohibiting the use of funds for the second career training
program. This prohibition has been in annual appropriations
Acts for many years, and is included in the President's budget
request.
Aviation user fees.--The bill includes a limitation carried
for several years prohibiting funds from being used to finalize
or implement any new unauthorized user fees.
Aeronautical charting and cartography.--The bill maintains
the provision prohibiting funds in this Act from being used to
conduct aeronautical charting and cartography (AC&C;) activities
through the working capital fund (WCF).
Credits.--The bill includes language allowing funds
received from specified public, private, and foreign sources
for expenses incurred to be credited to the appropriation.
Contract weather observers.--The bill includes language
which prohibits funds to eliminate the Contract Weather
Observer program.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2017....................... $2,855,000,000
Budget request, fiscal year 2018...................... 2,766,200,000
Recommended in the bill............................... 2,855,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +88,800,000
(RESCISSION)
Appropriation, fiscal year 2017....................... - - -
Budget request, fiscal year 2018...................... -31,200,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +31,200,000
The Facilities and Equipment (F&E;) account is the principal
means for modernizing and improving air traffic control and
airway facilities. The appropriation also finances major
capital investments required by other agency programs,
experimental research and development facilities, and other
improvements to enhance the safety and capacity of the airspace
system.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $2,855,000,000
for the FAA's facilities and equipment program. This level is
the same level provided in fiscal year 2017 and $88,800,000
above the budget request. The bill provides that, of the total
amount recommended, $2,247,000,000 is available for obligation
until September 30, 2019, and $493,000,000 (the amount for
personnel and related expenses) is available until September
30, 2018, and $115,000,000 is available until expended for
facilities replacements and improvements. The Committee does
not recommend a rescission of $31,200,000 as proposed in the
budget.
NextGen.--The Committee provides $913,505,000 for NextGen
programs in this account. This is $45,600,000 above the budget
request. The Committee rejects the proposal in the budget
request to reduce NextGen programs as an ill-advised, short-
sighted approach that would put the modernization of our air
traffic control system at risk. The Committee is especially
concerned by the suspension of out-year NextGen investments
indicated in the 5-year Capital Investment Plan (CIP), which
dramatically reduces planned investments supported by
stakeholders through the NextGen Advisory Committee (NAC). The
Committee would welcome receiving a revised CIP that reflects
NAC recommendations, especially for NextGen programs with a
final investment plan.
Satellite and global positioning systems NextGen
programs.--The Committee recommendation places a high priority
in accelerating the advancement of GPS and satellite enabled
technologies. The Committee believes that statements made by
Administration officials that the U.S. lags behind the rest of
the world in the deployment of these technologies misrepresents
the global leadership of U.S. engineers, scientists and
manufacturers and the contributions they have made to our air
traffic control system. The assertions also fail to recognize
that U.S. airspace is the most complex and busiest in the
world, and faces unique challenges by serving a general
aviation community that surpasses any other Nation by far.
The following table provides funding levels for facilities
and equipment activities and budget line items.
------------------------------------------------------------------------
FY2018 Request FY2018 House
------------------------------------------------------------------------
Activity 1--Engineering, Development,
Test and Evaluation
Advanced Technology Development and 26,800,000 26,800,000
Prototyping..........................
William J. Hughes Technical Center 1,000,000 1,000,000
Laboratory Improvement...............
William J. Hughes Technical Center 18,000,000 23,000,000
Facilities...........................
William J. Hughes Technical Center 10,000,000 10,000,000
Infrastructure Sustainment...........
Separation Management Portfolio....... 13,500,000 13,500,000
Traffic Flow Management Portfolio..... 10,800,000 10,800,000
On Demand NAS Portfolio............... 12,000,000 12,000,000
NAS Infrastructure Portfolio.......... 17,500,000 17,500,000
NextGen Support Portfolio............. 12,000,000 12,000,000
Unmanned Aircraft Systems (UAS)....... 15,000,000 15,000,000
Enterprise, Concept Development, Human 9,000,000 9,000,000
Factors, & Demonstrations Portfolio..
---------------------------------
TOTAL ACTIVITY 1.................. 145,600,000 150,600,000
Activity 2--Air Traffic Control
Facilities and Equipment
a. En Route Programs
En Route Automation Modernization 76,650,000 86,250,000
(ERAM)--System Enhancements and Tech
Refresh..............................
En Route Communications Gateway (ECG). 2,650,000 2,650,000
Next Generation Weather Radar 5,500,000 5,500,000
(NEXRAD)--Provide....................
Air Route Traffic Control Center 100,400,000 100,400,000
(ARTCC) & Combined Control Facility
(CCF) Building Improvements..........
Air Traffic Management (ATM).......... 4,900,000 4,900,000
Air/Ground Communications 9,750,000 9,750,000
Infrastructure.......................
Air Traffic Control En Route Radar 5,400,000 5,400,000
Facilities Improvements..............
Voice Switching and Control System 12,800,000 12,800,000
(VSCS)...............................
Oceanic Automation System............. 23,100,000 23,100,000
Next Generation Very High Frequency 53,000,000 58,000,000
Air/Ground Communications (NEXCOM)...
System-Wide Information Management.... 50,050,000 50,050,000
ADS-B NAS Wide Implementation......... 139,150,000 139,150,000
Windshear Detection Service........... 1,000,000 1,000,000
Collaborative Air Traffic Management 9,000,000 9,000,000
Technologies.........................
Time Based Flow Management Portfolio.. 40,450,000 40,450,000
NextGen Weather Processors............ 35,450,000 40,450,000
Airborne Collision Avoidance System X 7,700,000 7,700,000
(ACASX)..............................
Data Communications in Support of NG 154,100,000 175,100,000
Air Transportation System............
Non-Continental United States (Non- 11,000,000 11,000,000
CONUS) Automation....................
Reduced Oceanic Separation............ 4,350,000 14,350,000
En Route Service Improvements......... 3,000,000 3,000,000
Commercial Space Integration.......... 4,500,000 4,500,000
---------------------------------
Subtotal En Route Programs........ 753,900,000 804,500,000
b. Terminal Programs
Terminal Doppler Weather Radar (TDWR)-- 3,800,000 3,800,000
Provide..............................
Standard Terminal Automation 86,700,000 86,700,000
Replacement System (STARS) (TAMR
Phase 1).............................
Terminal Automation Modernization/ 66,100,000 66,100,000
Replacement Program (TAMR Phase 3)...
Terminal Automation Program........... 8,493,000 8,493,000
Terminal Air Traffic Control 31,118,485 58,118,485
Facilities--Replace..................
ATCT/Terminal Radar Approach Control 56,800,000 61,800,000
(TRACON) Facilities--Improve.........
Terminal Voice Switch Replacement 6,000,000 6,000,000
(TVSR)...............................
NAS Facilities OSHA and Environmental 46,700,000 46,700,000
Standards Compliance.................
Airport Surveillance Radar (ASR-9).... 11,400,000 11,400,000
Terminal Digital Radar (ASR-11) 3,200,000 3,200,000
Technology Refresh and Mobile Airport
Surveillance Radar (MASR)............
Runway Status Lights.................. 2,800,000 2,800,000
National Airspace System Voice System 68,750,000 68,750,000
(NVS)................................
Integrated Display System (IDS)....... 5,000,000 5,000,000
Remote Monitoring and Logging System 7,400,000 7,400,000
(RMLS)...............................
Mode S Service Life Extension Program 20,900,000 20,900,000
(SLEP)...............................
Terminal Flight Data Manager (TFDM)... 90,350,000 90,350,000
National Air Space (NAS) Voice 5,000,000 5,000,000
Recorder Program (NVRP)..............
Integrated Terminal Weather System 1,000,000 1,000,000
(ITWS)...............................
Performance Based Navigation & 20,000,000 20,000,000
Metroplex Portfolio..................
---------------------------------
Subtotal Terminal Programs........ 541,511.485 573,511.485
c. Flight Service Programs
Aviation Surface Observation System 10,000,000 10,000,000
(ASOS)...............................
Future Flight Services Program........ 14,038,515 14,038,515
Alaska Flight Service Facility 2,650,000 2,650,000
Modernization (AFSFM)................
Weather Camera Program................ 1,300,000 1,300,000
---------------------------------
Subtotal Flight Service Programs.. 27,988,515 27,988,515
d. Landing and Navigational Aids
Program
VHF Omnidirectional Radio Range (VOR) 11,000,000 11,000,000
with Distance Measuring Equipment
(DME)................................
Instrument Landing System (ILS)-- 7,000,000 7,000,000
Establish............................
Wide Area Augmentation System (WAAS) 102,300,000 105,300,000
for GPS..............................
Runway Visual Range (RVR) and Enhanced 4,000,000 4,000,000
Low Visibility Operations (ELVO).....
Approach Lighting System Improvement 3,000,000 3,000,000
Program (ALSIP)......................
Distance Measuring Equipment (DME).... 3,000,000 3,000,000
Visual NAVAIDS--Establish/Expand...... 2,000,000 2,000,000
Instrument Flight Procedures 8,500,000 8,500,000
Automation (IFPA)....................
Navigation and Landing Aids--Service 3,000,000 3,000,000
Life Extension Program (SLEP)........
VASI Replacement--Replace with 5,000,000 5,000,000
Precision Approach Path Indicator....
GPS Civil Requirements................ - - - - - -
Runway Safety Areas--Navigational 1,600,000 1,600,000
Mitigation...........................
NAVAIDS Monitoring Equipment.......... 2,000,000 2,000,000
---------------------------------
Subtotal Landing and Navigational 152,400,000 155,400,000
Aids Programs....................
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and 28,100,000 28,100,000
Management...........................
Unstaffed Infrastructure Sustainment.. 35,700,000 35,700,000
Aircraft Related Equipment Program.... 12,500,000 12,500,000
Airport Cable Loop Systems--Sustained 8,000,000 8,000,000
Support..............................
Alaskan Satellite Telecommunications 20,900,000 20,900,000
Infrastructure (ASTI)................
Facilities Decommissioning............ 13,900,000 13,900,000
Electrical Power Systems--Sustain/ 110,000,000 99,000,000
Support..............................
Energy Management and Compliance (EMC) 2,400,000 2,400,000
Child Care Center Sustainment......... 1,000,000 1,000,000
FAA Telecommunications Infrastructure. 2,000,000 2,000,000
Data Visualization, Analysis and 5,500,000 5,500,000
Reporting System (DVARS).............
TDM-to-IP Migration................... 3,000,000 3,000,000
---------------------------------
Subtotal Other ATC Facilities 243,000,000 232,000,000
Programs.........................
---------------------------------
TOTAL ACTIVITY 2.............. 1,718,800,000 1,793,400,000
Activity 3--Non-Air Traffic Control
Facilities and Equipment
a. Support Equipment
Hazardous Materials Management........ 35,300,000 35,300,000
Aviation Safety Analysis System (ASAS) 12,000,000 12,000,000
National Air Space (NAS) Recovery 12,000,000 12,000,000
Communications (RCOM)................
Facility Security Risk Management..... 20,400,000 20,400,000
Information Security.................. 20,700,000 20,700,000
System Approach for Safety Oversight 25,800,000 25,800,000
(SASO)...............................
Aviation Safety Knowledge Management 4,000,000 4,000,000
Environment (ASKME)..................
Aerospace Medical Equipment Needs 7,000,000 7,000,000
(AMEN)...............................
System Safety Management Portfolio.... 16,200,000 16,200,000
National Test Equipment Program....... 4,000,000 4,000,000
Mobile Assets Management Program...... 3,600,000 3,600,000
Aerospace Medicine Safety Information 14,000,000 14,000,000
Systems (AMSIS)......................
Tower Simulation System (TSS) 3,000,000 3,000,000
Technology Refresh...................
---------------------------------
Subtotal Support Equipment........ 178,000,000 178,000,000
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure 14,000,000 14,000,000
Modernization........................
Distance Learning..................... 1,000,000 1,000,000
---------------------------------
Subtotal Training, Equipment and 15,000,000 15,000,000
Facilities.......................
---------------------------------
TOTAL ACTIVITY 3.............. 193,000,000 193,000,000
Activity 4--Facilities and Equipment
Mission Support
a. System Support and Services
System Engineering and Development 35,700,000 35,700,000
Support..............................
Program Support Leases................ 47,000,000 47,000,000
Logistics and Acquisition Support 11,000,000 11,000,000
Services.............................
Mike Monroney Aeronautical Center 19,700,000 19,700,000
Leases...............................
Transition Engineering Support........ 19,900,000 19,900,000
Technical Support Services Contract 23,000,000 23,000,000
(TSSC)...............................
Resource Tracking Program (RTP)....... 6,000,000 6,000,000
Center for Advanced Aviation System 57,000,000 57,000,000
Development (CAASD)..................
Aeronautical Information Management 4,700,000 4,700,000
Program..............................
Cross Agency NextGen Management....... 1,000,000 1,000,000
---------------------------------
TOTAL ACTIVITY 4.................. 225,000,000 225,000,000
Activity 5--Personnel and Related
Expenses
Personnel and Related Expenses........ 483,800,000 493,000,000
---------------------------------
Total............................. 2,766,200,000 2,855,000,000
------------------------------------------------------------------------
William J. Hughes Technical Center facilities.--The
recommendation includes $23,000,000 for William J. Hughes
Facilities improvements, an increase of $5,000,000 above the
budget request. The Committee directs the FAA to use the
additional resources to develop a plan to combine all National
Air Space and Department of Defenses operational systems at the
FAA Technical Center into one 24/7/365 NAS compliant facility
at the Technical Center. The plan shall include required
environmental studies, site location study, engineering design
and drawings of the building, anticipated costs, and all other
required paperwork and approvals with a goal to start
construction expeditiously. The Administrator shall execute the
plan and complete required parts of the plan by the end of
fiscal year 2018.
Unmanned aerial systems (UAS) and international traffic
management.--The Committee provides $86,250,000 for En Route
Automation Modernization--System Enhancements and Technology
Refresh, an increase of $8,250,000 above the fiscal year 2017
enacted level and $9,600,000 above the budget request to
continue to maintain and advance U.S. leadership in UAS
integration and high altitude international traffic management.
Next generation very high frequency air/ground
communications (NEXCOM).--The Committee provides $58,000,000
for Next Generation Very High Frequency Air/Ground
Communications, an increase of $5,000,000 above the budget
request. The NEXCOM Segment 2 (NS2) Phase 1 & 2 Program
replaces and modernizes the aging, unsupportable, and obsolete
National Airspace System (NAS) Safety Critical Service air-to-
ground (A/G) analog radios that allow direct voice
communication with pilots in Terminal, Enroute, and Flight
Services. The currently installed radios date back to 1967 and
updated radio technology will improve system performance and
dramatically reduce sustainment and support costs. These
sustainment and support costs of the 50 year-old radios are
significant and the FAA has had to resort to cannibalization of
radio inventory for spare parts to support Safety Critical
Service operational units. The Committee recognizes the
importance of replacing these radios and is concerned with the
FAA's recently revised Capital Investment Plan which delays the
procurement and installation of the required radios. The
Committee requests a report not later than 180 days after
enactment that describes the FAA's plan to replace the radios
and the revised deployment schedule.
NextGen weather processor.--The Committee provides
$40,450,000 for NextGen Weather Processor, an increase of
$5,000,000 above the budget request. The Committee recognizes
that the NextGen Weather Processor (NWP) has the capability to
provide valuable and cost effective information to make better
informed decisions concerning weather and air traffic control
operations. In fact, NWP looks to be one of the NextGen
initiatives that has high potential to start producing
significant NextGen benefits through much improved weather
prediction and forecasting in the National Airspace System. As
part of that effort, the Committee recommends that the FAA
dedicate sufficient funding to accelerate the development and
deployment of NWP in an expeditious manner to realize the
benefits of NWP sooner and reduce overall program costs. This
would have a significant effect on improving safety and
efficiency of air traffic operations in bad weather conditions.
DataComm.--The Committee provides $175,100,000 for Data
Communications (DataComm) in Support of the NextGen Air
Transportation System, an increase of $21,000,000 above the
budget request. The capabilities in Data Communications full
services will reduce the need for the controller or pilot to
voice complicated instructions consisting of long strings or
route fixes that can often cause controllers and pilots to
repeat the information until correct and confirmed. The
increase level provided will enable the FAA to reduce
congestion on radio frequencies which will reinforce the
business case benefits and airlines investment in aircraft
equipage which will increase the NextGen benefits accrued in
the national airspace system. The airlines anticipate this
capability will enable them to fly more efficient routes,
saving time and fuel. The airspace users have expressed through
the NextGen Advisory Committee (NAC) and other forums that
their business case for investing in Data Comm relies on the
capabilities delivered by En Route Full Services.
Reduced oceanic separation/SBS advanced surveillance
enhanced procedural separation.--The Committee provides
$14,350,000 for Reduced Oceanic Separation portfolio, an
increase of $10,000,000 above the budget request. The
additional funding will accelerate testing and evaluation of
the technology, operational trials, modification of automation
systems, and other activities necessary to use space-based ADS-
B for enhanced surveillance to enable reduced oceanic
separation services. The Committee commends the FAA for
requesting that the NextGen Advisory Committee (NAC) evaluate
the benefit of enhanced surveillance capabilities. The NAC
recently approved a final report that identified significant
quantified benefits from using space-based ADS-B, mainly by
enabling aircraft to obtain their preferred optimal flight
tracks and altitudes to minimize fuel burn or to recover from
delays. In addition to operational enhancements and
efficiencies, the technology enables critical safety benefits,
including filling existing surveillance gaps, precise search
and rescue, global flight tracking, and reversing the rising
number of denied weather deviations on oceanic tracks due to
lack of surveillance. While the Committee appreciates recent
progress, the Committee remains concerned that the FAA still
lags behind other air navigation service providers in
implementing space-based ADS-B. Therefore, the Committee
directs the FAA to make a final investment decision not later
than September 30, 2018 regarding a reduced oceanic separation
capability that, if a positive business case is provided, would
result in operational use by the end of 2020.
Standard Terminal Automation Replacement System/Terminal
Automation Modernization Replacement Program (STARS/TAMR).--The
Committee is concerned that the FAA is not effectively
proceeding with the development and implementation of the
directed roadmap for the planned NextGen value added toolsets
to aid in increasing safety, capacity, and efficiency to STARS,
as directed by the Committee in fiscal year 2017. The Committee
also is concerned that the FAA is not expeditiously developing
and implementing new software-based toolsets that have the
ability to provide significant enhancements and that take
advantage of this new infrastructure. Therefore, the Committee
directs the FAA to provide a STARS/TAMR roadmap within 90 days
of the enactment of this Act. This roadmap should detail the
future path including investment decision milestones that will
be necessary in order to provide terminal area controllers with
performance based navigation (PBN) and other NextGen
initiatives such as improved terminal area weather.
Terminal airport traffic control facilities--replace.--The
Committee recommends $58,118,485, which is $27,000,000 more
than the budget request.
--Remote tower.--From the increase provided for
terminal airport traffic control facilities--replace,
$5,000,000 is only for continuing the ongoing remote
tower project, including operating costs, and for
deploying remote tower systems to at least 2 other
airports. The Committee believes that the remote tower
is a promising technology that will improve aviation
safety, reduce capital costs, and increase operational
efficiencies. In selecting airports to install a remote
tower, the Committee directs the FAA to take into
account the interest of the airport sponsor and to give
priority to airports that are currently in the contract
tower program that have aging towers in need of
replacement or are non-towered airports that are viable
candidates for the program.
--Facility investments.--The recommendation for
Terminal Airport Traffic Control Facilities--Replace
also includes an additional $22,000,000 for the
replacement of terminal air traffic control facilities
and air traffic control towers. The Committee directs
the FAA to use this additional funding, as well as
funding provided for this activity in the fiscal year
2016 and fiscal year 2017 Appropriations Acts, for all
air traffic control towers that are ready for land
acquisition or construction. The Committee denies the
FAA's request to postpone construction on air traffic
control facilities.
Aging contract towers.--The Committee notes that there are
some contract towers that are more than 40 years of age, are
non-compliant with OSHA standards, and have line of sight
issues that adversely affect air traffic control safety. The
Committee directs the Administration to conduct assessments of
these towers and report back to the Committee within 90 days of
enactment.
Terminal radar approach control (TRACON) facilities--
improve.--The Committee recommendation includes $61,800,000 for
TRACON facilities improvements, an additional $5,000,000 above
the budget request. The FAA's budget request includes
$11,200,000 for improvements to the agency's large terminal
radar approach control (TRACON) facilities. The Committee
directs the FAA to use the requested funding and the additional
$5,000,000 for these improvements, and to use these funds for
modernization and expansion efforts that will ensure the long-
term viability of large TRACONs.
Very high frequency (VHF) omni-directional range (VOR) and
tactical air navigation (TACAN).--The Committee is aware of
efforts underway to address the rationalization and
recapitalization of aging en route navigational aids. These
systems are critical to the safety, resiliency, and on-going
operations of both civilian and military air navigation. The
Committee directs the FAA to move ahead with the issuance of a
request for proposals (RFP) to implement a service based
procurement for Very High Frequency (VHF) Omni-Directional
Range (VOR) and Tactical Air Navigation (TACAN) systems. The
RFP shall be released with the objective of issuing a contract
expeditiously.
Wide Area Augmentation System (WAAS) for GPS.--The
Committee believes that it is critical that the FAA's WAAS
ground based infrastructure be ready to work with the new GPS
III constellations dual frequency capability. The Committee
understands that this effort was to be accomplished in WAAS
DFO, Segment 2, which will develop and implement the new
algorithms and integrity validation for this new safety-of-life
application. The Committee also understands that WAAS DFO
Segment 2 will begin acquisition in 2019. In the fiscal year
2017 appropriations Act, the Committee directed the FAA to
begin algorithm development and test in support of dual
frequency operations. In addition, the Committee recommended
that the FAA dedicate sufficient funding to begin design,
development, modeling and prototyping of the new dual frequency
algorithms. The Committee directs the FAA to brief the House
and Senate Committees on Appropriations on their plan for
accomplishing this directed action within 120 days after
enactment.
WAAS GEO 7 satellite system.--The Committee recommends that
development of the WAAS GEO 7 satellite system begin in fiscal
year 2018 to ensure continuous sustainment of a full three-
satellite WAAS navigation constellation. All current GEO host
satellites reach the end of their base contracts by the end of
2017. So unless the FAA moves more expeditiously with the
development of WAAS GEO 7, the window for the next available
host satellite launches may pass, thereby delaying this
navigational capability. This creates significant risk for the
WAAS 3-satellite GEO constellation's ability to provide
continuous uninterrupted service for aviation and other users.
The Committee encourages the FAA to consider working with the
current supplier in order to meet this window of opportunity.
The Committee recommends $3,000,000 million in additional
fiscal year 2018 funding to mitigate this risk and to initiate
host satellite commitments, secure space and ground
subcontracts, and obtain FAA approval to secure a lease with a
satellite provider.
BILL LANGUAGE
Capital investment plan.--The bill continues to require the
submission of a five-year capital investment plan.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2017....................... $176,500,000
Budget request, fiscal year 2018...................... 150,000,000
Recommended in the bill............................... 170,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -6,500,000
Budget request, fiscal year 2017.................. +20,000,000
This appropriation provides funding for long-term research,
engineering, and development programs to improve the air
traffic control system and to raise the level of aviation
safety, as authorized by the Airport and Airway Improvement Act
and the Federal Aviation Act. The appropriation also finances
the research, engineering, and development needed to establish
or modify federal air regulations.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $170,000,000 for
FAA's research, engineering, and development programs, which is
$6,500,000 less than the fiscal year 2017 enacted level and
$20,000,000 above the budget request.
The Committee recommendation includes the following funding
levels for research, engineering, and development programs.
------------------------------------------------------------------------
FY 2018 Request FY 2018 House
------------------------------------------------------------------------
Fire Research and Safety.............. $7,044,000 7,425,000
Propulsion and Fuel Systems........... 2,269,000 2,269,000
Advanced Materials/Structural Safety.. 4,338,000 7,000,000
Aircraft Icing/Digital System Safety.. 9,253,000 5,102,000
Continued Airworthiness............... 10,437,000 10,437,000
Aircraft Catastrophic Failure 1,570,000 1,528,000
Prevention Research..................
Flightdeck/Maintenance/System 6,825,000 7,305,000
Integration Human Factors............
System Safety Management.............. 4,149,000 6,500,000
Air Traffic Control/Technical 5,196,000 6,165,000
Operations Human Factors.............
Aeromedical Research.................. 9,765,000 9,080,000
Weather Program....................... 13,399,000 15,476,000
Unmanned Aircraft Systems Research.... 6,787,000 13,787,000
NextGen-Alternative Fuels for General 5,924,000 7,000,000
Aviation.............................
Commercial Space...................... 1,796,000 1,796,000
NextGen-Wake Turbulence............... 6,831,000 7,609,000
NextGen-Air Ground Integration Human 6,757,000 7,575,000
Factors..............................
NextGen-Weather Technology in the 3,644,000 4,059,000
Cockpit..............................
NextGen-Information Security.......... 1,000,000 1,000,000
Environment and Energy................ 14,497,000 16,013,000
NextGen-Environmental Research-- 23,151,000 27,174,000
Aircraft Technologies, Fuels, and
Metrics..............................
System Planning and Resource 2,135,000 2,288,000
Management...........................
William J. Hughes Technical Center 3,233,000 3,412,000
Laboratory Facility..................
---------------------------------
Research, Engineering and 150,000,000 170,000,000
Development Total................
------------------------------------------------------------------------
Advanced material/structural integrity safety.--The
Committee recommendation includes $7,000,000 for Advanced
Material/Structural Integrity Safety, an increase of $2,662,000
above the budget request.
NextGen-alternative fuels for general aviation.--The
Committee provides $7,000,000 for NextGen-Alternative Fuels for
General Aviation, an increase of $1,076,000 above the budget
request.
Unmanned aircraft systems research.--The Committee provides
$13,787,000 for Unmanned Aircraft Systems Research, an increase
of $7,000,000 above the budget request. The Administrator shall
use FAA integrated laboratories, in partnership with NASA
laboratories, to provide for proofs of concept supporting the
integration of UAS into the NAS and to ensure interoperability
with NAS systems. The Unmanned Traffic Management (UTM) system
will create an air traffic control network for UAS that will
have the capability to communicate with existing NAS
infrastructure.
UAS research plan.--The Committee directs the FAA to submit
to the House and Senate Committees on Appropriations a
comprehensive plan for research supporting full integration of
unmanned aircraft systems no later than 180 days after
enactment.
The Committee requests that FAA provide a report within 120
days of enactment of this Act on its progress meeting statutory
obligations under Section 2208 of the FAA Extension, Safety,
and Security Act of 2016 (Public Law 114-190) to develop a
research plan and establish a pilot program to demonstrate a
UTM system.
UAS test sites.--The Committee fully supports UAS Test
Sites, which were established by Congress through the FAA
Modernization Act of 2012 to safely integrate UAS research
breakthroughs and technology innovations into national airspace
in a safe and comprehensive manner. Since 2013, the UAS
industry has grown leaps and bounds, fueled by opportunity and
application. The technology continues to push the envelope, and
the test sites serve to shepherd these technologies and
innovations by merging public safety with application.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of
contract Limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year 2017... $3,750,000,000 $3,350,000,000
Budget request, fiscal year 2018.. 3,000,000,000 3,350,000,000
Recommended in the bill........... 3,000,000,000 3,350,000,000
Bill compared to:
Appropriation, fiscal year -750,000,000 - - -
2017.........................
Budget request, fiscal year - - - - - -
2018.........................
------------------------------------------------------------------------
The bill includes a liquidating cash appropriation of
$3,000,000,000 for grants-in-aid for airports, authorized by
the Airport and Airway Improvement Act of 1982, as amended,
which is $750,000,000 below the fiscal year 2017 enacted level
and the same as the budget request. This funding provides for
liquidation of obligations incurred pursuant to contract
authority and annual limitations on obligations for grants-in-
aid for airport planning and development, noise compatibility
and planning, the military airport program, reliever airports,
airport program administration, and other authorized
activities.
LIMITATION ON OBLIGATIONS
The bill includes a limitation on obligations of
$3,350,000,000 for fiscal year 2018, which is the same as both
the fiscal year 2017 enacted level and the budget request.
Airport connectivity.--The Committee is concerned about the
impact of connectivity between regional airlines servicing
small community airports and the legacy airlines at their hub
airports. The inability of these regional airlines to link
seamlessly with legacy airlines at their hub airports
discourages passenger growth at small airports with existing
service as well as those communities seeking to initiate or
expand air service. The Committee encourages the Federal
Aviation Administration to study this issue and determine
additional steps that can be taken to provide interlining and
seamless connectivity at hubs between regional airlines from
all small communities to ultimate destinations, regardless of
current code-sharing arrangements.
Regulatory compliance.--The Committee is concerned about
the findings of the 2013 Airport Cooperative Research Program
report entitled, ``Impact of Regulatory Compliance Costs on
Small Airports.'' The Committee directs FAA to develop a plan
to implement the report's recommendations and report back to
Congress within 180 days of enactment of this Act.
Aircraft rescue and firefighting.--The Aircraft Rescue and
Firefighting (ARFF) program requires certificated airports to
ensure their designated personnel receive proper training,
including initial and ongoing training. There are a number of
training facilities across the country that provide different
levels of training, including initial and recurrent annual
training. The Committee is concerned about changes that have
occurred in the number and location of training facilities
offering ARFF training, particularly in the Great Lakes and
Central FAA regions, which lack a single dedicated ARFF
training site within their regions. The Committee is interested
in ensuring that ARFF training is available and accessible in a
cost-effective and sustainable setting. The Committee directs
the FAA, within 120 days of enactment of this Act, to provide
the Committee with a report on the number and suitability of
training facilities in each of the FAA regions, or within a
specified distance from the airports that require such
training. The Committee also encourages the Administration to
develop a plan for supporting efforts to address coverage gaps
identified in this report, and which make use of existing cost-
effective proposals, including partnerships between an airport
sponsor and an established firefighting training facility that
has already made an investment in training personnel and
infrastructure. The Committee believes that there may be cost-
savings and broader efficiencies for the federal taxpayer by
utilizing this type of partnership, and encourages the FAA to
evaluate proposals that incorporate existing fire training
facilities.
Noise insulation.--The Committee is concerned that
federally funded sound insulation installed to mitigate airport
noise is aging. The Committee directs the FAA to report to the
Committee, not later than 180 days after the enactment of this
Act, on the issues associated with aging sound insulation. The
report should focus on sound insulation installed prior to
2007, examine the effective lifespan of common sound insulation
including window and door upgrades, weather-stripping, and
other sound mitigation treatments, and should include
recommendations for the replacement of sound insulation that
has exceeded its effective lifespan.
Unmanned aircraft systems (UAS) threat mitigation at
airports.--Reported sightings of UAS near airports remain a
concern, and several options are available to mitigate the
threat of errant and hostile UAS near airports. The FAA is
working to develop remote identification and tracking standards
for UAS in conjunction with industry, Federal government, and
law enforcement partners. The Committee is interested in
continued efforts to measure the effectiveness of counter UAS
systems in an airport environment. To that end, the Committee
encourages the FAA to continue working with national security
and law enforcement partners, as well as aviation stakeholders,
including airport operators, to ensure these technologies do
not compromise the safe and efficient operation of the National
Airspace System. The Committee expects the FAA to undertake
this work in a fiscally responsible manner by continuing to
utilize cooperative research agreements that minimize costs to
the Federal government.
Airport public private partnerships.--The FAA has invested
in an innovative and timely program authorized by the Title 49
United States Code Sec. 47134, to establish a public private
partnership program for local airports. Projects which have
been preliminarily accepted and or will be approved have been
chosen because they are innovative (conform with the intent of
the ``Pilot Program''), will leverage considerable private
capital, lower the traditional Federal investment for public
use infrastructure, and create new jobs for America. To fulfill
the intent of this program, the Committee directs FAA to
expedite final processing and provide the highest priority
funding for any project in this program that meets the criteria
above.
Runway safety area repairs.--The Committee expects the FAA
to work expeditiously to identify grant eligibility for the
restoration of key runway safety components such as Engineered
Material Arresting System (EMAS) beds. The Committee notes that
it included a provision in P.L. 115-31 that modified
requirements regarding the use of funds for runway repairs in
order to address immediate safety concerns. The Committee is
aware of delays in the repair of EMAS beds, which are a
critical safety component of airport Runway Safety Areas. The
FAA is directed to provide a progress report to the House
Committee on Appropriations that details the immediate measures
the FAA has taken to ensure safety and operations at airports
that have incurred damage to their EMAS beds, within 60 days of
enactment of this Act. The FAA is further directed to provide a
progress report to the House Committee on Appropriations that
provides an update on the status of the EMAS bed repairs,
within 180 days of enactment of this Act.
Draft master plans.--The Committee encourages FAA to
expedite the review of any draft Master Plan documents from
such airports to help quickly identify and evaluate the full
range of possible alternatives, including the possibility of
alternative landing surfaces while also helping to protect the
longterm flexibility of such airports to accommodate long-term
growth.
ADMINISTRATION AND RESEARCH PROGRAMS
Airport administrative expenses.--Within the overall
obligation limitation, the bill includes $111,863,000 for the
administration of the airports program by the FAA. This funding
level is $4,172,000 above the fiscal year 2017 enacted level
and the same as the budget request.
Airport cooperative research program (ACRP).--The
recommendation includes $15,000,000, which is the same as the
fiscal year 2017 enacted level and the budget request. The ACRP
identifies shared problem areas facing airports that can be
solved through applied research but are not adequately
addressed by existing federal research programs.
Airport technology research.--The Committee recommendation
includes a minimum of $33,210,000 for the FAA's airport
technology research program, which is $1,835,000 above the
fiscal year 2017 enacted level and the same as the budget
request. The funds provided for this program are utilized to
conduct research in the areas of airport pavement; airport
marking and lighting; airport rescue and firefighting; airport
planning and design; wildlife hazard mitigation; and visual
guidance.
BILL LANGUAGE
Runway incursion prevention systems and devices.--
Consistent with prior year appropriations Acts, the bill allows
funds under this limitation to be used for airports to procure
and install runway incursion prevention systems and devices.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110. The Committee retains a provision limiting the
number of technical work years at the Center for Advanced
Aviation Systems Development to 600 in fiscal year 2018.
Section 111. The Committee retains a provision prohibiting
FAA from requiring airport sponsors to provide the agency
`without cost' building construction, maintenance, utilities
and expenses, or space in sponsor-owned buildings, except in
the case of certain specified exceptions.
Section 112. The Committee continues a provision allowing
reimbursement for fees collected and credited under 49 U.S.C.
45303.
Section 113. The Committee continues a provision allowing
reimbursement of funds for providing technical assistance to
foreign aviation authorities to be credited to the operations
account.
Section 114. The Committee continues a provision
prohibiting FAA from paying Sunday premium pay, except in those
cases where the individual actually worked on a Sunday.
Section 115. The Committee continues a provision
prohibiting FAA from using funds to purchase store gift cards
or gift certificates through a government-issued credit card.
Section 116. The Committee continues a provision that
requires approval from the Deputy Assistant Secretary for
Administration of the Department of Transportation for
retention bonuses for any FAA employee.
Section 117. The Committee continues a provision that
requires the Secretary to block the display of an owner or
operator's aircraft registration number in the Aircraft
Situational Display to Industry program, upon the request of an
owner or operator.
Section 118. The Committee continues a provision that
limits the number of FAA political appointees to nine.
Section 119. The Committee continues a provision that
prohibits funds for any increase in fees for navigational
products until FAA has reported a justification for such fees
to the House and Senate Committees on Appropriations.
Section 119A. The Committee continues a provision that
requires FAA to notify the House and Senate Committees on
Appropriations at least 90 days before closing a regional
operations center or reducing the services it provides.
Section 119B. The Committee continues a provision
prohibiting funds to change weight restrictions or prior
permission rules at Teterboro Airport in Teterboro, New Jersey.
Section 119C. The Committee continues a provision
prohibiting funds to withhold funds from certain contract tower
applicants.
Section 119D. The Committee includes a provision that
requires FAA to take certain actions related to organization
delegation authorization.
Federal Highway Administration
The Federal Highway Administration (FHWA) provides
financial assistance to the states to construct and improve
roads and highways. It also provides technical assistance to
other agencies and organizations involved in road building
activities. Title 23 of the United States Code and other
supporting statutes provide authority for the activities of the
FHWA. Funding is provided by contract authority, while program
levels are established by annual limitations on obligations, as
set forth in appropriations Acts.
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2017....................... $435,795,000
Budget request, fiscal year 2018...................... 442,691,925
Recommended in the bill............................... 442,691,925
Bill compared with:
Appropriation, fiscal year 2017................... +6,896,925
Budget request, fiscal year 2018.................. - - -
The limitation on administrative expenses caps the amount,
from within the limitation on obligations, that FHWA may spend
on salaries and expenses necessary to conduct and administer
the federal-aid highway program, highway-related research, and
most other federal highway programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on FHWA
administrative expenses of $442,691,925, including $3,248,000
transferred to the Appalachian Regional Commission. The
recommendation is $6,896,925 above the fiscal year 2017 enacted
level, and the same as the budget request.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year Fiscal 2018
Program 2017 enacted request Recommended
----------------------------------------------------------------------------------------------------------------
Federal-aid highways (obligation limitation).................... 43,266,100 44,234,212 44,234,212
Exempt contract authority....................................... 739,000 739,000 739,000
Rescission of contract authority................................ -857,000 - - - -800,000
-----------------------------------------------
Total program level......................................... 43,148,100 44,973,212 44,173,212
----------------------------------------------------------------------------------------------------------------
The federal-aid highways program is designed to aid in the
development, operations, and management of an intermodal
transportation system that is economically efficient and
environmentally sound, to provide the foundation for the nation
to compete in the global economy, and to move people and goods
safely.
Federal-aid highways and bridges are managed through a
federal-state partnership. States and localities maintain
ownership of and responsibility for the maintenance, repair and
new construction of roads. State highway departments have the
authority to initiate federal-aid projects, subject to FHWA
approval of the plans, specifications, and cost estimates. The
federal government provides financial support, on a
reimbursable basis, for construction and repair through
matching grants.
Programs included within the federal-aid highways program
are financed from the highway trust fund. The federal-aid
highways program is funded by contract authority, and
liquidating cash appropriations are subsequently provided to
fund outlays resulting from obligations incurred under contract
authority. The Committee sets, through the annual
appropriations process, an overall limitation on the total
contract authority that can be obligated under the program in a
given year.
COMMITTEE RECOMMENDATION
The Committee recommends a total program level of
$44,173,212,000 for the activities of FHWA in fiscal year 2018.
This amount is $1,025,112,000 above the fiscal year 2017
enacted level and $800,000,000 below the budget request.
Included within the recommended amount is an obligation
limitation of $44,234,212,000, $739,000,000 in contract
authority that is exempt from the obligation limitation, and an
$800,000,000 rescission of prior year unobligated contract
authority balances.
Highway guide sign fonts.--In early 2016, FHWA notified
state transportation agencies of its intention to rescind
approval for the use of an alternate font on highway guide
signs. The decision was made without adequate public input, and
immediately impacted an estimated 26 states that had been given
prior approval for alternate font use as a safe way to
communicate with the traveling public. In order to provide an
opportunity to fully consider the impact of this decision, the
bill prohibits funds from being used to enforce actions
terminating the interim approval of this alternate font during
fiscal year 2018. The Committee is also aware of recent
research regarding the safety and effectiveness of the
alternate font, and that multiple states have submitted
comments to FHWA in support of reinstating approval for the
alternate font. FHWA is directed to conduct a comprehensive
review of the research on this alternate font and to report
back to the Committee within 90 days of enactment of this Act.
The report must document the safety and cost implications of
the decision to terminate approval and fully address the
comments submitted by affected states during the December 13,
2016 Request for Information related to the alternate font.
Transportation project delays.--The Committee notes the
significant increase in transportation project development
timelines from planning and design to completion of
construction. Analyses from the Department of Transportation
and independent organizations show major highway projects
currently take between 10 and 20 years to complete, twice their
duration 40 years ago. Transportation projects are frequently
delayed by untold design changes, environmental regulations,
right-of-way issues, utility coordination, outdated
construction methodologies, inadequate workforce development
practices, and poor project management execution. Unnecessarily
long project timelines increase project costs, introduce
programmatic inefficiencies, encourage superfluous design
changes, and ultimately obstruct the delivery of desperately
needed infrastructure in the United States. The Committee
supports the Department's efforts to research and implement
accelerated and integrative project management and
collaborative development strategies to compress project
timelines and enhance stakeholder participation. It recommends
relying on proven applied transportation research institutions
to achieve these objectives.
The administrative burden on compliance of every action
that triggers the National Environmental Policy Act (NEPA) has
held up countless federally funded projects including projects
to build our nation's infrastructure. The Committee encourages
the Secretary to use all existing authorities to implement
Executive Order 13766 in order to accelerate infrastructure
projects funded in fiscal year 2018.
Bridge corrosion control best practices.--The Committee is
concerned with the large number of structurally deficient
bridges in the U.S. and recognizes that corrosion is a leading
cause of bridge failure. The Committee also recognizes that the
use of industry best practices in corrosion planning and
prevention can greatly lengthen the lifecycle of a bridge,
saving taxpayer money and protecting public safety and the
environment. Therefore, the Committee directs the Secretary to
consult with state transportation departments to ensure that
contractors and subcontractors hired for bridge construction,
alteration or maintenance projects using federal taxpayer
money, other than those involving minor repair work, are
utilizing industry best practices to prevent, mitigate and
control corrosion. Industry best practices include surface
preparation, protective coatings, materials selection, cathodic
protection, corrosion engineering, and personnel training. The
Secretary should ensure that state departments of
transportation are using contractors and subcontractors that
are qualified, as determined by a third-party organization, as
capable of meeting industry best practices. The Committee
expects the Secretary to report back to the Committee, and to
the House Transportation and Infrastructure Committee and the
Senate Environment and Public Works Committee, within one year
of enactment of this legislation, on the status of corrosion
control planning by state departments of transportation, and
the status of corrosion control best practice requirements in
state regulations and in bid specifications for bridge projects
using federal taxpayer money. The Committee expects the report
to highlight what steps the Secretary has taken, in
consultation with state departments of transportation, to
ensure that contractors and subcontractors hired for bridge
construction, alteration or maintenance projects using federal
taxpayer money are qualified and utilizing industry best
practices to prevent, mitigate and control corrosion in bridge
projects.
Bridge and structure product and technology innovations
clearing house.--The Committee directs the Department to
facilitate implementation of new and advanced transportation
infrastructure by promoting and advancing new products and
innovations related to highway bridges and structures.
Unfortunately, the mainstreaming of new innovations within the
surface transportation communities is a lengthy, complex, and
difficult process. As part of this action, the Committee
directs the Department to serve as a clearing house for new
innovations by providing a specific location for bridge and
structure stakeholders to find technically robust and unbiased
information and reports that evaluate innovations and
accelerate acceptance and implementation of new bridge and
structure materials and technologies.
Culvert and storm sewer materials procurement.--The
Committee directs the Secretary to evaluate the methods by
which States procure culvert and storm sewer materials and the
impact of those methods on project costs, including the extent
to which such methods take into account environmental
principles, engineering principles, and the varying needs of
projects based on geographic location.
Geosynthetic reinforced soil-integrated bridge systems.--
The Committee supports continuing the geosynthetic reinforced
soil-integrated bridge system program including research and
deployment to capitalize on investments in the program. The
Committee encourages FHWA to fund research to address
development of technical specifications for segmental facing
material durability, connections between geosynthetics and
segmental facing materials in retaining walls, including bridge
abutments, segmental unit sound barriers, and scour
countermeasures in erosion control systems. The Committee
encourages FHWA to complete currently planned cost studies of
geosynthetic-reinforced soil abutments, consider grants to
deploy innovations in geosynthetic-reinforced abutments,
segmental sound barriers, and flooding scour countermeasures,
to address technical specifications for segmental face
durability and geosynthetics connections, and to prepare and
distribute reports to state DOTs to enhance state and local
application. The Committee encourages FHWA to use demonstration
grants to deploy innovations in geosynthetics and segmental
retaining walls.
Permeable pavements.--The Committee encourages the
Secretary to accelerate research, demonstration, and deployment
of permeable pavements to achieve flood mitigation, pollutant
reduction, stormwater runoff reduction, and conservation.
Projects may include roadway shoulder load testing and
documenting lifecycle cost efficiency.
Recycled materials.--Section 1428 of the Fixing America's
Surface Transportation Act (FAST Act) requires the Secretary to
encourage use of durable and sustainable materials. The
Committee encourages FHWA to fulfill these objectives and to
consider working collaboratively with the Expert Task Group,
the American Association of State Highway and Transportation
Officials, and industry stakeholders in developing revised
standards that allow for the maximum use of recycled materials
without detrimental impact to lifecycle cost.
Federally-owned bridges.--The Committee recognizes that
there are a number of infrastructure projects owned solely by
the federal government that are in serious need of repair. The
Committee strongly encourages the Department to give the
highest priority to grant applications for federal
infrastructure projects which serve the greatest purpose in
terms of public use. The attributes of infrastructure projects
that should be given the highest priority must include, but
should not be limited to, high rates of traffic, facilitation
of regional traffic patterns, proximity to major metropolitan
areas, facilitation of interstate commerce, accessibility to
and from major metropolitan areas, and national security
purpose in that they are essential evacuation routes during
emergency situations. Other attributes--such as projects which
link states, federal districts, national parks, or territories
to other major national monuments and parks--should also be
considered.
Commercial roads in the appalachian development highway
system.--The Committee encourages FHWA to work with relevant
state departments of transportation in Appalachia to ensure
that construction and repair projects are prioritized for roads
of critical commercial importance in the historic Appalachian
Development Highway System.
Border state infrastructure.--The Department of
Transportation shall encourage states using federal funds
designated for border state infrastructure to ensure
participation of city and county governments along the U.S.-
Mexico border in project selection processes.
Transportation infrastructure and military installations.--
Since the passage of the Federal-Aid Highway Act of 1956 (P.L.
84-627), investments in our nation's transportation
infrastructure have been directly tied to supporting national
defense. Access to and from military installations continues to
impact operations and local communities. The Committee strongly
encourages the Secretary of Transportation to work with the
Secretary of Defense to assess the transportation
infrastructure that supports access to and from domestic
military installations and to develop a strategy for addressing
opportunities to improve base access and egress, impact on the
local community, and national security.
Critical commerce corridors.--The Committee believes
critical commerce corridors, an authorized use of funds in the
nationally significant freight and highway projects program,
can improve our economic efficiency, reduce travel times, and
promote safe travel on our nation's roads and highways. These
corridors include existing highways where a barrier physically
separates lanes dedicated to heavy commercial trucks from lanes
dedicated to passenger vehicles. The Committee encourages DOT
to strongly consider applications for the creation of critical
commerce corridors when awarding grants to individual states.
Freight transportation projects.--Major freight corridors
improve our economic efficiency, advance exports and imports,
increase the efficiency of national and international freight
movement, promote economic growth on a regional and national
basis, and increase employment. As an example, IH 35 in Texas,
which carries more than ten percent of the freight traffic for
the entire country remains a critical component of the Primary
Highway Freight System on the National Highway Freight Network.
The Committee believes that funding for transportation projects
that impact the National Highway Freight Network should be a
high priority.
Technology and innovation deployment program.--The
Committee supports the technology and innovation deployment
program's efforts to improve the safety, efficiency,
reliability, and performance of our Nation's transportation
infrastructure. There is a growing need to accelerate the
adoption of best practices, technologies, and materials that
lead to faster construction and cost-effective rehabilitation
of efficient and safe bridges. The Committee encourages the
Department to use these funds for the demonstration and
deployment of advanced composite materials in bridge
replacement and rehabilitation.
JobMod software.--The Committee directs the Secretary
within 180 days of enactment of this Act to revise and update
the JobMod input-output economic software model, or equivalent,
to ensure that it is capable of estimating the number of jobs
supported by $1,000,000,000 of federal-aid highway expenditure
as well as the number of on-project jobs created by highway
project investments eligible under Title 23, United States
Code.
Noise barrier designs and materials.--The Committee
recognizes that high speed traffic in municipal and suburban
areas has created serious noise concerns for many residential
and business communities and effective noise barrier designs
are important to the health and welfare of the community.
Innovative engineered products derived from natural materials
with low embodied energy have been shown to be cost effective
and aesthetically pleasing materials to use in the construction
of noise barrier systems. Therefore the Committee directs the
Secretary of Transportation to prioritize the use of innovative
natural building materials and design techniques with low
embodied energy in the construction of noise barrier systems in
order to increase efficiency and reduce material cost.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2017....................... $44,005,100,000
Budget request, fiscal year 2018...................... 44,973,212,000
Recommended in the bill............................... 44,973,212,000
Bill compared with:
Appropriation, fiscal year 2017................... +968,112,000
Budget request, fiscal year 2018.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a liquidating cash appropriation
of $44,973,212,000, which is $968,112,000 above the enacted
level and the same as the budget request. This is the amount
required to pay the outstanding obligations of the highway
program at levels provided in this Act and prior appropriations
Acts.
(RESCISSION)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2017....................... -$857,000,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... -800,000,000
Bill compared with:
Appropriation, fiscal year 2017................... +57,000,000
Budget request, fiscal year 2018.................. -800,000,000
COMMITTEE RECOMMENDATION
The Committee recommends a rescission of $800,000,000,
which is $57,000,000 less than the 2017 enacted rescission and
$800,000,000 larger than the budget request.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes obligation authority among federal-
aid highway programs.
Section 121 credits funds received by the Bureau of
Transportation Statistics to the federal-aid highways account.
Section 122 provides requirements for any waiver of the Buy
America Act.
Section 123 requires congressional notification before the
Department provides credit assistance under the TIFIA program.
Section 124 requires 60-day notification to the Committees
on Appropriations of any grants as authorized under 23 U.S.C.
117.
Section 125 prohibits the termination of the Clearview font
as an approved alternate font on highway guide signs.
Section 126 modifies the application of a federal truck
weight exemption to include the State of North Dakota.
Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) was
established within the Department of Transportation (DOT) by
Congress through the Motor Carrier Safety Improvement Act of
1999. FMCSA's mission is to promote safe commercial motor
vehicle operations and reduce truck and bus crashes. FMCSA
works with federal, state, and local entities, the motor
carrier industry, highway safety organizations, and the public
to further its mission.
FMCSA resources are used to prevent and mitigate commercial
vehicle accidents through regulation, enforcement, stakeholder
training, technological innovation, and improved information
systems. FMCSA also is responsible for enforcing federal motor
carrier safety and hazardous materials regulations for all
commercial vehicles entering the United States along its
southern and northern borders.
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of Contract Limitation on
Authorization Obligations
------------------------------------------------------------------------
Appropriation, fiscal year $277,200,000 ($277,200,000)
2017.......................
Budget request, fiscal year 283,000,000 (283,000,000)
2018.......................
Recommended in the bill..... 283,000,000 (283,000,000)
Bill compared with:
Appropriation, fiscal +5,800,000 (+5,800,000)
year 2017..................
Budget request, fiscal - - - (- - -)
year 2018..................
------------------------------------------------------------------------
This limitation controls FMCSA spending on salaries,
operating expenses, and research. It provides resources to
support motor carrier safety program activities and to maintain
the agency's administrative infrastructure. This funding
supports nationwide motor carrier safety and consumer
enforcement efforts, including the Compliance, Safety, and
Accountability Program, regulation and enforcement of freight
transport, and federal safety enforcement at the U.S. borders.
These resources also fund regulatory development and
implementation, information management, research and
technology, safety education and outreach, and the safety and
consumer telephone hotline.
COMMITTEE RECOMMENDATION
The Committee recommends $283,000,000 in liquidating cash
for motor carrier safety operations and programs. The Committee
also recommends limiting obligations from the highway trust
fund to $283,000,000 for motor carrier safety operations and
programs in fiscal year 2018. These levels are $5,800,000 above
the fiscal year 2017 enacted level and the same as the budget
request.
The Committee continues bill language specifying funding
amounts for the research and technology program and adds
language specifying funding amounts for information management,
both to remain available until September 30, 2020.
Bus lease and interchange rule.--On August 31, 2016, FMCSA
announced its intent to issue a rulemaking to revise the final
rule concerning the lease and interchange of passenger carrying
motor vehicles, in response to numerous petitions for
reconsideration. On June 16, 2017, FMCSA published another
notice proposing to respond to the same petitions for
reconsideration and seeking comment. However, the June 2017
notice has led to confusion for the public because it is not
titled a notice of proposed rulemaking, it does not include
regulatory text on which to comment, and the content of the
notice is inconsistent with the August 2016 notice. The
Committee directs FMCSA to issue a formal notice of proposed
rulemaking to modify the rule to resolve the issues as
identified in its August 2016 notice, including proposed
regulatory text, and to ensure the rule appropriately targets
unsafe passenger carriers without unduly interfering in
compliant business operations. If FMCSA is unable to effect a
modification of the rule by January 1, 2019, the Committee
expects FMCSA to grant an additional extension of the
compliance date long enough to accommodate an appropriate
modification of the rule.
Wireless roadside inspection programs.--The Committee
remains concerned about the FMCSA wireless roadside inspection
program's impact on private sector innovation and motor carrier
safety and operations. The Committee urges the Secretary to
continue to monitor this program, as well as other commercially
available systems and products, and to take steps to avoid any
conflict with existing non-Federal electronic screening
systems, duplication of commercially available software
applications, overreach of existing authority, and failure to
address privacy concerns.
30-minute rest period exemptions.--The 30-minute rest
period appropriately seeks to protect safety by ensuring that
drivers are not driving more than eight hours without a thirty-
minute, non-driving rest period. FMCSA has granted a number of
exemptions to these regulations without compromising safety in
order to meet the needs of specific industries. Drivers that
make multiple stops throughout the day and are working during
those non-driving periods, including the loading and unloading
of products to be delivered, are experiencing routine breaks
from driving while performing on-duty activities. When
evaluating exemption requests, the Committee encourages FMCSA
to consider: (1) the safety benefits of making routine stops
during the day, (2) the safety benefits of drivers remaining
physically active during non-driving periods, and (3) the
safety implications of adding additional vehicle miles operated
to the road if exemptions are not granted.
Safety management system data sharing.--The Committee
believes that, as important safety partners, motor carrier
insurers should have the same access to safety management
system (SMS) data as the motor carriers they insure. The
Committee therefore urges FMCSA to implement appropriate
credentialing that will allow insurers or potential insurers of
motor carriers access to SMS data. The Committee believes that
doing so will advance highway safety. The Committee urges the
Department to provide for such access within the time frame
specified in Sections 5221-5223 of the FAST Act for
implementing improvements to the Compliance, Safety,
Accountability Program and SMS, and restoring public access to
previously available information.
Livestock and insect carriers.--FMCSA has been responsive
to problems encountered by motor carriers attempting to comply
with the hours-of-service (HOS) regulations while transporting
live cargo. The requirement that drivers take a 30-minute break
no later than eight hours after coming on duty is problematic
for livestock which can become overheated and may sometimes die
without the air flow provided by the motion of the truck. A 30-
minute break also extends the time animals must spend on the
vehicle which is unavoidably stressful. When approached for
relief, FMCSA issued a 90-day waiver of the break requirement
to get agricultural carriers through the heat of the summer
months. The Agency followed up with a 1-year exemption, and
because no adverse effects on highway safety were observed, it
subsequently extended the exemption for an additional 2 years.
Transporters of bee hives reported similar problems with the
30-minute break and FMCSA granted those carriers a 2-year
exemption from the break requirement as well. Recognizing the
significance of the problem identified by livestock and bee
transporters (and other segments of the motor carrier
industry), Congress enacted Sec. 5206(b)(1) of the Fixing
America's Surface Transportation Act to make these existing HOS
exemptions permanent.
Livestock transporters have also drawn attention to the
FMCSA rule that limits driving time to 11 hours within a 14-
hour window after the driver comes on duty. Although drivers
transporting ``agricultural commodities,'' including livestock,
are exempt from the HOS regulations while operating within 150
air-miles of the source of such commodities, livestock haulers
sometimes make deliveries well beyond the exempt zone. On these
trips, they may exceed the 11- and 14-hour limits, even though
their HOS ``clock'' does not start until they go beyond the 150
air-mile radius. The Committee directs FMCSA to balance the
welfare of livestock and the risks of driver fatigue on trips
beyond the exempt zone and to pay close attention to the
special circumstances of agricultural transporters. FMCSA shall
continue using its regulatory tools to grant relief that
appropriately reconciles highway safety with the unique needs
of these carriers and their living cargo.
Regulatory compliance burdens on small carriers.--Small and
independent commercial freight carriers are the backbone of the
trucking industry and several rulemakings advanced under the
previous administration have placed an unusually heavy burden
on this critical segment of the trucking industry. While the
Committee acknowledges the importance of ensuring the safety of
truckers and the rest of the driving public, new regulations
must be implemented and enforced in a way that is mindful of
the thousands of small businesses that bear the cost of
compliance. For example, the Electronic Logging Device (ELD)
mandate is projected to cost over $2,000,000,000 to implement
making it one of the most expensive of all transportation
rulemakings advanced under the previous administration. While
large carriers already deploy similar technologies for fleet
management, smaller carriers will disproportionately bear new
costs associated with the mandate and with no compensating
benefit to their bottom line.
The Committee is concerned by reports of serious
complications associated with implementation. Many significant
technological concerns remain unresolved, including
certification of devices, connectivity problems in remote
locations, cyber vulnerabilities, and the ability of law
enforcement to access data. Further, there are several
industries such as carriers of livestock, insects, and other
agricultural products that operate under a complex array of HOS
exemptions due to the nature of their business and concerns
remain as to whether the technology can process these
exemptions. As a consequence, many carriers have delayed
purchase and installation of ELDs until they can be certain the
technology will be compliant. The Committee directs FMCSA to
review ELD manufacturers technology platforms to confirm that
devices not only meet standards and specifications necessary
for all affected industries and fleet sizes to be compliant but
also provide a user interface that is reasonably easy to
navigate.
In light of the heavy burden of this mandate, especially on
small carriers, the Committee directs the Department to analyze
whether a full or targeted delay in ELD implementation and
enforcement would be appropriate and, if so, what options DOT
has within its statutory authority to provide temporary
regulatory relief until all ELD implementation challenges can
be resolved. FMCSA shall provide a report on its findings to
the House and Senate Committees on Appropriations within 60
days of enactment of this Act.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of Contract Limitation on
Authorization Obligations
------------------------------------------------------------------------
Appropriation, fiscal year $367,000,000 ($367,000,000)
2017.......................
Budget request, fiscal year 374,800,000 (374,800,000)
2018.......................
Recommended in the bill..... 374,800,000 (474,800,000)
Bill compared with:
Appropriation, fiscal +7,800,000 (+107,800,000)
year 2017..................
Budget request, fiscal - - - (+100,000,000)
year 2018..................
------------------------------------------------------------------------
FMCSA's motor carrier safety grants are used to support
compliance reviews in the states, identify and apprehend
traffic violators, conduct roadside inspections, and conduct
safety audits of new entrant carriers. Additionally, grants are
provided to states for improvement of state commercial driver's
license oversight activities.
COMMITTEE RECOMMENDATION
The Committee recommends $374,800,000 in liquidating cash
and a $474,800,000 limitation on obligations for these
programs, in fiscal year 2018. The obligation limitation is
$107,800,000 above the fiscal year 2017 enacted level and
$100,000,000 above the budget request.
The Committee recommends the following obligation
limitations for programs funded under this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Motor carrier safety assistance program.............. ($298,900,000)
High priority activities program..................... (43,100,000)
Commercial motor vehicle operator grants program..... (1,000,000)
Commercial driver's license program implementation (31,800,000)
program.............................................
Highly automated commercial vehicle research and (100,000,000)
development program.................................
------------------------------------------------------------------------
Highly automated commercial vehicle research and
development program.--The Committee recognizes the rapid pace
at which vehicle technology is developing, and is interested in
validating the safety of these new technologies. As automated
safety features continue to advance, it is imperative that DOT
has a clear understanding of new technologies and related
cybersecurity issues. Understanding how technology advances are
evolving and converging will ensure that businesses, consumers,
regulators, and other stakeholders are best able to navigate
and implement new vehicle capabilities. To forward this
understanding, the Committee recommendation provides
$100,000,000 for a highly automated commercial vehicle research
and development program dedicated to research and
demonstrations of highly autonomous vehicle (HAV) technologies
and advanced driver automation systems (ADAS). ADAS
applications include forward collision warning, pedestrian/
cyclist collision warning, headway monitoring warning, lane
departure warning, intelligent high beam control, and speed
limit indicator systems.
No less than $11,000,000 shall be for direct expenditures
on HAV research activities and related contracts and no less
than $1,500,000 shall be for ADAS research activities and
related contracts. All funded activities shall be administered
in coordination with the National Highway Traffic Safety
Administration (NHTSA) and shall supplement and not supplant
NHTSA's vehicle safety research program including amounts
provided for vehicle electronics and emerging technology under
the NHTSA Operations and Research heading. The Committee
expects the Secretary to coordinate research funding across the
Department to deliver a holistic HAV/ADAS research plan that
advances DOT's understanding of HAV and ADAS technologies in
general and that benefits both commercial motor vehicle and
light duty vehicle technology applications. In general, the
Committee expects the Secretary to prioritize research
initiatives that have the strongest potential to advance the
safe deployment of HAV and ADAS technology and deliver the
highest net benefits to road safety.
In addition to direct research and development activities,
the Secretary shall solicit applications for autonomous vehicle
project grants to test the feasibility of deployment through
geographically contained demonstrations including but not
limited to demonstrations of commercial freight corridors,
commercial bus service, and ridesharing programs. In reviewing
applications, the Secretary shall give priority to applicants
that (1) evaluate HAV or ADAS technologies related to
commercial motor vehicle and ridesharing applications, (2)
include or are coordinated with research underway at designated
automated vehicle proving grounds, (3) provide for the
gathering and sharing of critical safety data with the
government and other key stakeholders, or (4) evaluate HAV or
ADAS applications that benefit transportation-challenged
populations including the elderly, individuals with
disabilities, and children.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 subjects the funds appropriated in this Act to
certain terms and conditions regarding Mexican-domiciled motor
carriers.
Section 131 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or some
other manner of delivery that records receipt of the notice by
the persons responsible for the violations.
Section 132 prohibits funds from being used to enforce the
requirements of section 31137 of title 49, or any regulation
pursuant to such section, with respect to carriers transporting
livestock or insects.
Section 133 prohibits funds from being used to amend,
revise, or otherwise modify safety fitness determination
regulations until certain conditions are met.
Section 134 clarifies the preemption of certain state and
local laws and regulations by federal laws and regulations
related to motor carriers, and makes such preemption
retroactive to the date of enactment of the Federal Aviation
Administration Authorization Act of 1994 (Public Law 103-305).
National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration (NHTSA)
was established in March of 1970 to administer motor vehicle
and highway safety programs. It was the successor agency to the
National Highway Safety Bureau, which was housed in the Federal
Highway Administration.
NHTSA's mission is to save lives, prevent injuries, and
reduce economic costs due to road traffic crashes through
education, research, safety standards, and enforcement
activity. To accomplish these goals, NHTSA establishes and
enforces safety performance standards for motor vehicles and
motor vehicle equipment, investigates safety defects in motor
vehicles, and conducts research on driver behavior and traffic
safety.
NHTSA provides grants and technical assistance to state and
local governments to enable them to conduct effective local
highway safety programs. Together with state and local
partners, NHTSA works to reduce the threat of drunk, impaired,
and distracted drivers, and to promote policies and devices
with demonstrated safety benefits including helmets, child
safety seats, airbags, and graduated licenses.
NHTSA establishes and ensures compliance with fuel economy
standards, investigates odometer fraud, establishes and
enforces vehicle anti-theft regulations, and provides consumer
information on a variety of motor vehicle safety topics.
COMMITTEE RECOMMENDATION
The Committee recommends $926,704,000, which is $15,357,000
above the fiscal year 2017 enacted level and $27,565,000 above
the budget request.
The following table summarizes the Committee's
recommendations:
----------------------------------------------------------------------------------------------------------------
Committee
2017 enacted 2018 request recommendation
----------------------------------------------------------------------------------------------------------------
Operations and research (general fund and highway trust fund).. $325,975,000 $301,510,000 $329,075,000
Highway traffic safety grants (highway trust fund)............. 585,372,000 597,629,000 597,629,000
Total...................................................... 911,347,000 899,139,000 926,704,000
----------------------------------------------------------------------------------------------------------------
The Committee recommends funding levels that provide NHTSA
with sufficient resources to continue its critical work
improving the safety of passenger travel on the nation's
highway system.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
(Highway trust
(General fund) fund) Total
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2017.............................. $180,075,000 $145,900,000 $325,975,000
Budget request, fiscal year 2018............................. 152,510,000 149,000,000 301,510,000
Recommended in the bill...................................... 180,075,000 149,000,000 329,075,000
Bill compared to:
Appropriation, fiscal year 2017.......................... - - - +3,100,000 +3,100,000
Budget request, fiscal year 2018......................... +27,565,000 - - - +27,565,000
----------------------------------------------------------------------------------------------------------------
The operations and research appropriations support
research, demonstrations, technical assistance, and national
leadership for highway safety programs. Many of these programs
are conducted in partnership with state and local governments,
the private sector, universities, research units, and various
safety associations and organizations. These programs address
alcohol and drug countermeasures, vehicle occupant protection,
traffic law enforcement, emergency medical and trauma care
systems, traffic records and licensing, traffic safety
evaluations, motorcycle safety, pedestrian and bicycle safety,
pupil transportation, distracted and drowsy driving, young and
older driver safety programs, development of improved accident
investigation procedures, and emerging technology and
cybersecurity research including automated vehicles.
COMMITTEE RECOMMENDATION
The Committee recommends $329,075,000, which is $3,100,000
above the fiscal year 2017 enacted level and $27,565,000 above
the budget request. Of this total, $180,075,000 is from the
general fund for operations and vehicle safety research, and
$149,000,000 is from the highway trust fund for operations and
behavioral highway safety research. The recommendation includes
amounts adequate to support prior year increases for safety
defects investigation and vehicle electronics and emerging
technologies.
Automated vehicles.--The auto industry is in the midst of a
seismic technological shift that will revolutionize the
transportation of people and goods in our lifetime. Connected
and self-driving cars have the potential to dramatically reduce
the more than 40,000 lives lost on our roads and highways every
year and fundamentally transform transportation networks. In
addition to reducing roadway fatalities, automated vehicle (AV)
technology will drastically improve mobility options for the
elderly, persons with disabilities, and other individuals who
cannot obtain a drivers' license. The Committee also believes
that it is critical the United States lead in the development
and use of this life-saving technology, which is also being
pursued by many countries around the world. The Committee
recognizes the rapid pace at which AV technology is developing,
and is interested in validating the safety of the new
technology that would operate on our nation's roads.
The Committee is aware of the Department of
Transportation's January 19, 2017 designation of ten AV proving
ground pilot sites. The intent was to form an initial network
of proving grounds focused on the advancement of AV technology.
The Committee encourages DOT to support the development of
these ten proving grounds and to promote the creation and
sharing of best practices for the safe conduct of testing and
operations, which will accelerate the pace of safe AV
deployment. Several, highly-qualified sites were not included
in the initial designation. Without a comprehensive network of
experienced proving sites, the goal of establishing a community
of practice to develop and share information around safe
testing, demonstration, and deployment of AV technology may
take much longer. Therefore, the Committee directs the
Secretary to evaluate whether DOT should designate additional
proving grounds among those that responded to and met the
criteria listed in the Department's December 19, 2016
solicitation of proposals for designation and report to the
Committee within 60 days after enactment of this Act on its
findings.
The Committee continues to be concerned that the Department
not create regulatory burdens to the safe development of AV
technology and directs the Department to implement a
streamlined application process for 49 CFR Part 555 exemption
requests and grant or deny a request for exemption within 60
days. Furthermore, the Committee is encouraged by the
Department's commitment to respond to interpretation requests
of existing federal motor vehicle safety standards within an
expedited timeline and encourages the Department to provide
these responses within 30 days of submittal.
While there is great promise with the development of
advanced driver automation systems (ADAS) technologies,
including fully automated vehicles, there are many potentially
unexpected consequences in driver cognition and the ultimate
safety and success of the automation systems. The Committee is
concerned that insufficient research has been conducted around
the impact ADAS technologies will have on driver cognition,
specifically driver fatigue and situational awareness. The
Committee directs NHTSA to work collaboratively with industry
and academia to conduct research on the relationship between
driver automation technologies and cognitive response. Since
several automation systems with near-term deployment
opportunity are focused on commercial vehicles, the committee
recommends this research focus initially on the trucking
industry.
The transition to self-driving vehicles will take place
over many years during which these vehicles will interact, and
sometimes collide with, vehicles driven by humans. Our legal
system has a vast amount of experience apportioning liability
after auto accidents but that task could be made more difficult
should access to data from AVs involved in accidents be
limited. Automakers in both the United States and Europe have
already taken some preliminary steps that evidence a desire to
limit vehicle data access to third parties such as insurers.
Vehicle data from highly automated vehicles must be made
available to the parties involved, their insurers, and
authorized representatives on reasonable terms. Failure to make
that access available could delay compensation to accident
victims and increase automobile insurance costs. The Committee
urges the Department of Transportation to consider establishing
guidelines that allow reasonable access to data for the parties
that need such access.
Highway-rail grade crossing safety.--NHTSA has vast
experience in addressing driver behaviors that threaten highway
safety. Highway-rail grade crossings pose a major risk to
highway safety and are an ongoing challenge for the safety
community. Eliminating the most hazardous grade crossings will
help reduce the risk to automobile and train passengers. The
Committee urges NHTSA to work with states to target resources
toward the most hazardous crossings. Additionally, increased
public awareness will help educate drivers on the dangers of
entering active highway-rail grade crossings. Therefore, the
Committee recommends that up to $6,500,000 be used to support a
high visibility enforcement paid-media campaign in the area of
highway-rail grade crossing safety. The Committee directs NHTSA
to coordinate these resources with the media on other highway
safety campaigns, and to work collaboratively with the Federal
Railroad Administration on the campaign's message development.
Crashworthiness research.--The Committee recognizes the
importance that lightweight plastics and polymer composites
play in meeting consumer demand for innovative vehicles,
increased fuel efficiency, and improved automotive structural
safety. At the same time, the Committee recognizes there has
been an increase in vehicle crashes, injuries, and fatalities
that could be mitigated in part by the safety capabilities of
these lightweight materials. NHTSA is encouraged to prioritize
research of updates to countermeasures in its frontal, side,
rollover, front seatbacks and lower interior impacts for
children and small adults, as well as pedestrian
crashworthiness research, with an emphasis on vehicle light-
weighting. NHTSA should leverage existing research being done
by the Department of Transportation, the Department of Energy,
and industry stakeholders in its development of safety-centered
approaches for future lightweight automotive design.
Truck underride safety research.--The Committee notes that
NHTSA's proposed rulemaking in December 2015 to update truck
rear impact guard requirements cited 362 annual fatalities
associated with light vehicle crashes into the rear of trucks.
The Committee encourages NHTSA to move forward with this
rulemaking and continue working with relevant experts and
stakeholders, including researchers, engineers, safety
advocates, and the trucking industry, to facilitate the
deployment and adoption of rear and side underride protection
devices.
Child hyperthermia prevention.--In prior years, the
Committee has recognized the severe child safety crisis
involving children left alone in motor vehicles that die of
hyperthermia. The Committee has favorably cited the awareness
programs conducted by NHTSA. In the 19 years since records have
been maintained, more than 700 children, mostly three years old
or younger, have died in this tragic way. While progress was
made in 2014 and 2015, there were 39 deaths in 2016, and
several children have died in early 2017. The Committee
therefore directs NHTSA to continue its public education and
outreach efforts on child hyperthermia prevention through a
public call to action encouraging public messaging and the
involvement of a broad coalition of organizations, government
agencies, medical professionals, and others who regularly
interact with parents and the public. The campaign should focus
on parents and caregivers who transport children and encourage
bystanders to take action when they see children left alone in
cars. We urge that the campaign commence earlier in the year
compared to prior campaigns. In addition to public awareness,
the Committee urges NHTSA to continue to pursue technological
solutions in coordination with industry that can serve as a
reminder to parents to remove children from the rear seat prior
to leaving their vehicle.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of
Contract Limitation on
Authorization obligation
------------------------------------------------------------------------
Appropriation, fiscal year 2017. $585,372,000 ($585,372,000)
Budget request, fiscal year 2018 597,629,000 (597,629,000)
Recommended in the bill......... 597,629,000 - - -
Bill compared with:
Appropriation, fiscal year 12,257,000 ( - - -)
2017...........................
Budget request, fiscal year ( - - -) ( - - -)
2018...........................
------------------------------------------------------------------------
The highway traffic safety state grant programs authorized
under the FAST Act include: Highway Safety Programs, the
National Priority Safety Program, and the High Visibility
Enforcement Program.
These grant programs provide resources to states for
highway safety programs that are data-driven and that meet
states' most pressing highway safety problems. They are a
critical asset in reducing highway traffic fatalities and
injuries.
COMMITTEE RECOMMENDATION
The Committee recommends $597,629,000 in liquidating cash
from the highway trust fund to pay outstanding obligations of
the highway safety grant programs at the levels provided in
this Act and prior appropriations Acts. The Committee also
recommends limiting the obligations from the highway trust fund
in fiscal year 2018 for the highway traffic safety grants
programs to $597,629,000. These levels are $12,257,000 above
the fiscal year 2017 enacted level and the same as the budget
request. The recommendation includes $5,494,000 for the driver
alcohol detection system for safety (DADSS) program, which
funds in-vehicle alcohol detection device research.
The Committee recommends the following funding allocations
for grant programs:
Highway safety programs (section 402)................. ($261,200,000)
National priority safety programs (section 405)....... (280,200,000)
High visibility enforcement program................... (29,900,000)
Administrative expenses............................... (26,329,000)
Drug recognition expert and advanced roadside impaired
driving enforcement training.--The Committee is concerned about
increasing rates of impaired driving, especially as additional
states consider and adopt measures to decriminalize marijuana.
The use of marijuana, other illicit drugs, and certain
prescription drugs before or while driving is a critical public
safety issue and the Committee has previously instructed the
agency to conduct a study of marijuana-impaired driving to
fulfill the requirement of the FAST Act. The Committee
recognizes the importance of impaired driving countermeasures
at the community level in protecting public safety, and
encourages NHTSA to expand its efforts with law enforcement to
increase awareness and use of Drug Recognition Expert (DRE) and
Advanced Roadside Impaired Driving Enforcement (ARIDE) training
particularly in those states that have adopted recreational or
medicinal marijuana laws. The Committee urges NHTSA to expand
its efforts to increase awareness and use among law enforcement
of DRE and ARIDE training.
Driver alcohol detection system for safety (DADSS).--The
FAST Act includes a total of $21,248,000 through fiscal year
2020 for the ongoing advanced drunk driving detection
technology program known as DADSS. The DADSS program is an
ambitious public-private research effort to develop a publicly-
acceptable and commercially-viable technology that will prevent
a drunk driver (at or over .08 BAC) from operating a vehicle.
Technology development progress to date was demonstrated at DOT
headquarters in June 2015. The accompanying bill includes
$5,494,000 for fiscal year 2018. In light of the significant
life-saving potential of the program, approximately 7,000 lives
annually, the Committee urges NHTSA to take steps to accelerate
the program, including additional support from the auto
industry partners in this activity.
Safety promotional materials.--For the purpose of federal
grants administered by NHTSA, safety equipment purchased for
traffic safety educational trainings, such as child car seats,
bicycle helmets and lights, and reflective vests, shall not be
considered promotional materials or memorabilia.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides limited funding for travel and related
expenses associated with state management reviews and highway
safety core competency development training.
Section 141 exempts from the current fiscal year's
obligation limitation any obligation authority that was made
available in previous public laws.
Section 142 prohibits funding for the national roadside
survey.
Section 143 prohibits funds from being used to mandate
global positioning system tracking without providing full and
appropriate consideration of privacy concerns under 5 U.S.C.
Chapter 5, subchapter II.
Federal Railroad Administration
The Federal Railroad Administration (FRA) was established
by the Department of Transportation Act, on October 15, 1966.
The FRA plans, develops, and administers programs and
regulations to promote the safe operation of freight and
passenger rail transportation in the United States. The U.S.
railroad system consists of over 650 railroads with 200,000
freight employees, 171,000 miles of track, and 1.35 million
freight cars. In addition, the FRA continues to oversee grants
to the National Railroad Passenger Corporation (Amtrak) with
the goal of assisting Amtrak with improvements to its passenger
service and physical infrastructure.
SAFETY AND OPERATIONS
Appropriation, fiscal year 2017....................... $218,298,000
Budget request, fiscal year 2018...................... 199,000,000
Recommended in the bill............................... 218,298,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +19,298,000
The safety and operations account provides funding for
FRA's safety program activities related to passenger and
freight railroads. Funding also supports salaries and expenses
and other operating costs related to FRA staff and programs.
COMMITTEE RECOMMENDATION
The Committee recommends $218,298,000 for safety and
operations, which is equal to the fiscal year 2017 enacted
level and $19,298,000 above the budget request. Of the amount
provided under this heading, $15,900,000 is available until
expended. The recommended level fully funds personnel, and does
not provide additional positions in fiscal year 2018.
Railroad safety information system (RSIS).--The
recommendation includes a total of $4,800,000 for RSIS, an
increase of $500,000 from the fiscal year 2017 enacted level
and $1,100,000 from the request. This funding level will
increase the capabilities of FRA's principal repository of
safety data, and will allow FRA to enforce safety regulations
that have data collection and management requirements. The
Committee directs FRA to develop a user-friendly front-end
interface to access its data systems.
Automated track inspection program (ATIP).--The Committee's
recommendation includes $16,500,000 for ATIP, an increase of
$960,000 from the fiscal year 2017 enacted level, and
$7,023,000 from the request. ATIP uses track geometry
measurement vehicles to automatically measure track conditions.
These vehicles supplement the work of FRA's inspectors to
ensure railroads are compliant with the FRA Track Safety
Standards. The funding will allow inspection of additional
miles of track.
Safe transportation of energy products.--The Committee
includes funding for FRA's safe transport of energy products
programs. The program includes funding for crude oil safety
inspectors, safety route managers and tank car quality
assurance specialists, tank car research and increased mileage
of ATIP on routes that carry energy produces.
Positive train control (PTC).--The Committee provides
$6,600,000 for the PTC support program, equal to the fiscal
year 2017 enacted level, and $3,600,000 above the request. This
funding level reflects that FRA needs to review 30 additional
PTC plans.
Confidential close call (C3RS).--C3RS provides insights
about precursor behavior that may lead to human-factor-caused
accidents, which account for about one-third of rail accidents.
The recommendation includes $3,500,000, $600,000 above the
fiscal year 2017 enacted level and the request. The increase
will allow FRA to increase the number of reports it analyzes to
identify trends. Currently, eight railroads and 17 Peer Review
Teams are participating, and several additional railroads are
considering participation in the C3RS program. The Committee
directs FRA to explore ways to increase participation with
railroad employees, whether or not the company has signed an
IMOU. Increased participation will make it more difficult to
determine which railroad was subject to a report. This
confidentiality concern has prevented NASA from making the C3RS
data accessible to FRA and the public, preventing further
analysis and use in enforcement and outreach initiatives.
Further, the Committee directs FRA to explore a model that
would allow the public sector to pay into the program, and
provide an update on these initiatives 120 days after enactment
of this Act.
Trespasser Prevention.--Trespasser fatalities (not
including suicides) represent nearly half of all rail operation
related fatalities in the U.S., and the numbers are increasing.
Since 2011 trespasser fatalities have increased by 23 percent
and trespasser injuries have increased by 33 percent.
Trespasser accidents take a high toll on the individuals who
are killed or injured, their families, and communities, as well
as on the railroad employees who witness these tragic events
first hand. Some engineers and conductors involved in
trespasser accidents are so affected by these tragedies that
they are unable to continue their railroad careers. Therefore,
the Committee directs FRA to identify and study the causal
factors that lead to trespassing incidents on railroad property
and develop a national strategy to prevent trespasser
accidents, including milestones, timelines, and metrics to
define success. The Committee directs FRA to submit the
trespassing prevention strategy to the House and Senate
Committees on Appropriation no later than August 1, 2018. The
Committee expects FRA to implement the national strategy to
prevent trespasser accidents within the recommended timelines.
Bridge support program.--FRA developed a bridge inventory
database and a bridge management plan review risk model. The
Committee provides $600,000, an increase of $400,000 above the
request, to further modify the risk model and update the bridge
inventory.
The Committee looks forward to receiving studies on
standards and protocols to facilitate a passenger and freight
rail line at international land crossings between the United
States and Mexico; and efforts to harmonize regulations and
address congestion at international rail crossings per the
recommendations made in the recent GAO report.
RAILROAD RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2017....................... $40,100,000
Budget request, fiscal year 2018...................... 39,100,000
Recommended in the bill............................... 40,100,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +1,000,000
The railroad research and development program provides
science and technology support for FRA's policy and regulatory
efforts. The program's objectives are to reduce the frequency
and severity of railroad accidents through scientific
advancement, and to support technological innovations in
conventional and high speed railroads.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $40,100,000
for railroad research and development, which is equal to the
fiscal year 2017 enacted level and $1,000,000 more than the
budget request.
Safe transportation of energy products (STEP).--The
Committee provides $2,000,000 for FRA to research and mitigate
risks associated with frequent and large volume rail transport
of crude oil.
Short-line safety.--The Committee's recommendation includes
$2,000,000 to improve safety practices and safety training for
Class II and Class III freight railroads. This supports FRA's
initiative to partner with short-line and regional railroads to
build a stronger, sustainable safety culture in this segment of
the rail industry. The initiative will support safety
compliance assessments and training on short lines that
transport crude oil.
Intelligent railroad systems.--The Committee's
recommendation includes $1,000,000 to facilitate research with
universities on intelligent railroad systems.
System safety and risk reduction programs.--The Committee
recognizes that continued investments in critical rail
infrastructure programs will make our rails, railcars, and
trains safer for all who use them. Therefore, the Committee
urges FRA to prioritize investments in the development of
technologies designed to verify the functional performance of
complex electronic systems such as: positive train control,
electronically controlled pneumatic brakes, automated train
control, passenger door control, train communications, train
environmental control, and railcar signs. In addition, the FRA
should work with industry to develop standardized performance
verification and diagnostics for such systems.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Railroad Rehabilitation and Improvement Financing
(RRIF) program was established by Public Law 109 178 to provide
direct loans and loan guarantees to state and local
governments, government-sponsored entities, and railroads.
Credit assistance under the program may be used for
rehabilitating or developing rail equipment and facilities. No
Federal appropriation is required to implement this program.
The Committee continues bill language specifying that no
new direct loans or loan guarantee commitments may be made
using Federal funds for the payment of any credit premium
amount during fiscal year 2018, except for Federal funds
awarded in accordance with section 3028(c) of Public Law 114-
94. The Committee directs GAO to report on the efficacy of and
implications to the RRIF program and communities of allowing
Federal funds to serve as the credit risk premium for RRIF
loans, and what type of Federal funds would likely be used for
this purpose.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
Appropriation, fiscal year 2017....................... $25,000,000
Budget request, fiscal year 2018...................... 25,945,000
Recommended in the bill............................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2017................... +475,000,000
Budget request, fiscal year 2018.................. +474,055,000
The FAST Act authorized the federal-state partnership for
state of good repair under section 11302. The purpose of these
grants is to reduce the state of good repair backlog on
publically-owned or Amtrak-owned infrastructure, equipment, and
facilities. Eligible activities include capital projects to (1)
replace existing assets in-kind or with assets that increase
capacity or service levels, (2) ensure that service can be
maintained while existing assets are brought into a state of
good repair, (3) bring existing assets into a state of good
repair.
COMMITTEE RECOMMENDATION
The Committee recommends $500,000,000 for the federal-state
partnership for state of good repair grants, $475,000,000 more
than the fiscal year 2017 enacted level and $474,055,000 more
than the budget request.
According to the NEC Commission's most recent capital
investment plan, the Northeast Corridor has a $38,000,000,000
state of good repair backlog covering the various assets of the
NEC which must be replaced and modernized simply to sustain
current rail services. This backlog must be addressed as soon
as possible, and it is critical that the FRA help advance
projects that are ready to utilize federal investment.
Therefore, the Committee directs FRA to first give preference
to eligible projects that have complete environmental impact
statements and final design or that address major critical
assets which have conditions that pose a substantial risk now
or in the future to the reliability of train service before
considering other factors.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
Appropriation, fiscal year 2017....................... $68,000,000
Budget request, fiscal year 2018...................... 25,000,000
Recommended in the bill............................... 25,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -43,000,000
Budget request, fiscal year 2018.................. - - -
Authorized under Section 11301 of the FAST Act, the purpose
of the consolidated rail infrastructure and safety improvement
(CRISI) grants is to improve the safety, efficiency, and
reliability of passenger and freight rail systems. Eligible
activities include a wide range of capital, regional and
corridor planning, environmental analyses, research, workforce
development, and training projects.
COMMITTEE RECOMMENDATION
The Committee recommends $25,000,000 for CRISI grants,
$43,000,000 less than the fiscal year 2017 enacted level and
equal to the budget request. The Committee recognizes that
communities with high-volume international inland ports on the
U.S.-Mexico border face unique transportation challenges caused
by international trade. The Committee encourages the agency to
consider the impacts of these freight movements, including
traffic, highway-rail grade crossings, congestion and safety
when awarding grants.
The Committee is encouraged by the efforts of commuter
railroads to develop and implement PTC. While the technological
and financial hurdles can be formidable, PTC is a lifesaving
technology that enjoys broad support across the nation. The
Committee encourages the Department to make certification a
priority and to provide the necessary technical assistance to
commuter railroads as they move toward full implementation.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
Amtrak, created as a for-profit business in 1970, operates
trains on over 20,000 miles of track owned by freight railroad
carries, and over 654 miles of its own track, most of which is
on the Northeast Corridor (NEC) from Washington, D.C., to
Boston, Massachusetts. Amtrak operates both electrified trains,
which can achieve speeds of up to 150 mph on the highest
quality track on the NEC, and diesel locomotives, which
currently can achieve speeds between 74 to 110 miles per hour.
The FAST Act authorizes funds for Amtrak through 2020 under
a new structure that includes two lines of businesses, the
Northeast Corridor (NEC) that runs from Boston to Washington,
D.C.; and the National Network, which encompasses Amtrak's
state-supported and long-distance routes, as well as other non-
NEC activities. The account structure, when combined with new
planning and reporting requirements on Amtrak's business lines
and asset categories, significantly improves the transparency
of Amtrak funding and the delivery of its services. The
Committee recommends $1,428,000,000 for Amtrak, $67,000,000
below the fiscal year 2017 enacted level and $668,000,000 above
the request. The Committee provides funding consistent with the
authorized structure.
Congressional budget justification.--The Committee
appreciates the level of detail in the fiscal year 2018 budget
justification and directs Amtrak to submit justification with a
similar level of detail for fiscal year 2019.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
Appropriation, fiscal year 2017....................... $328,000,000
Budget request, fiscal year 2018...................... 235,000,000
Recommended in the bill............................... 328,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. + 93,000,000
The Committee recommends $328,000,000 for grants to the
Northeast Corridor for operating and capital purposes, which is
equal to the fiscal year 2017 enacted level and $93,000,000
above the request. In addition to these funds, the Northeast
Corridor retains its operating profits for use on the corridor.
This funding level provides $5,000,000 to the Northeast
Corridor Commission established under section 24905 of title
49, United States Code. The Committee directs Amtrak to
prioritize eligible projects that have complete environmental
impact statements and final design or that address major
critical assets which have conditions that pose a substantial
risk now or in the future to the reliability of train service.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
Appropriation, fiscal year 2017....................... $1,167,000,000
Budget request, fiscal year 2018...................... 525,000,000
Recommended in the bill............................... 1,100,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -67,000,000
Budget request, fiscal year 2018.................. + 575,000,000
The Committee recommends $1,100,000,000 for national
network grants to Amtrak, which is $67,000,000 below the fiscal
year 2017 enacted level and $575,000,000 above the request.
These funds subsidize operating and capital losses on all of
Amtrak's existing long-distance routes, state-supported routes,
as well as other non-NEC activities. The FAST Act allows Amtrak
to transfer operating profits from the Northeast Corridor to
this appropriation under certain conditions.
ADMINISTRATIVE PROVISIONS
Section 150. The Committee continues a provision that
limits overtime to $35,000 per employee, allows Amtrak's
president to waive this restriction for specific employees for
safety or operational efficiency reasons, and requires
notification to the House and Senate Committees on
Appropriations within 30 days of granting such waivers. It also
requires Amtrak to submit an annual report summarizing overtime
payments incurred by the Corporation for calendar year 2017 and
the prior three years. The summary shall include total number
of employees that received waivers, total overtime payments
paid to employees receiving waivers for each month for 2017 and
the prior three calendar years.
Section 151. The Committee includes a provision prohibiting
funds from being used for high speed rail in California.
Section 152. The Committee includes a provision prohibiting
the Surface Transportation Board from taking action with
respect to the construction of high speed rail in California
unless the Board has jurisdiction over the entire project.
Federal Transit Administration
The Federal Transit Administration (FTA) was established as
a component of the Department of Transportation on July 1,
1968, when most of the functions and programs under the Federal
Transit Act (78 Stat. 302; 49 U.S.C. 1601 et seq.) were
transferred from the Department of Housing and Urban
Development. Known as the Urban Mass Transportation
Administration until enactment of the Intermodal Surface
Transportation Efficiency Act of 1991, the Federal Transit
Administration administers federal financial assistance
programs for planning, developing, and improving comprehensive
mass transportation systems in both urban and non-urban areas.
The most recent authorization for the programs under the
Federal Transit Administration is contained in the Fixing
America's Surface Transportation (FAST) Act (P.L. 114--94) and
extensions. Annual Appropriations Acts included annual
limitations on obligations for the transit formula grants
programs, and direct appropriations of budget authority from
the General Fund of the Treasury for FTA's administrative
expenses, some research programs, and capital investment
grants.
ADMINISTRATIVE EXPENSES
Appropriation, fiscal year 2017....................... $113,165,000
Budget request, fiscal year 2018...................... 110,794,692
Recommended in the bill............................... 110,794,692
Bill compared with:
Appropriation, fiscal year 2017................... -2,370,308
Budget request, fiscal year 2018.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a total of $110,794,692 for FTA's
administrative expenses, equal to the budget request and
$2,370,308 below the fiscal year 2017 enacted level. The
Committee's recommendation provides these funds from the
General Fund, as usual.
Operating plans.--The Committee reiterates its direction
from previous years, which requires the FTA's operating plan to
include a specific allocation of administrative expenses
resources. The operating plan should include a delineation of
full time equivalent employees, for the following offices:
Office of the Administrator; Office of Administration; Office
of Chief Counsel; Office of Communications and Congressional
Affairs; Office of Program Management; Office of Budget and
Policy; Office of Research, Demonstration and Innovation;
Office of Civil Rights; Office of Planning and Environment;
Office of Safety and Oversight; and Regional Offices. Further,
the operating plan must include any new programs or changes to
the budget request, including new grant programs. In addition,
the Committee directs FTA to notify the House and Senate
Committees on Appropriations at least thirty days in advance of
any change that results in an increase or decrease of more than
five percent from the initial operating plan submitted to the
Committees for fiscal year 2019.
Budget justifications.--The Committee strongly encourages
FTA to maintain the format and content in the fiscal year 2019
documents.
Transit security.--The Committee continues bill language
prohibiting FTA from creating a permanent office of transit
security.
Annual new starts report.--The Committee has again included
bill language requiring FTA to submit the annual new starts
report with the initial submission of the budget request due in
February, 2018.
Full funding grant agreements (FFGAs).--Title 49 requires
that FTA notify the House and Senate Committees on
Appropriations as well as the House Committee on Transportation
and Infrastructure and the Senate Committee on Banking sixty
days before executing a full funding grant agreement. In its
notification to the House and Senate Committees on
Appropriations, the Committee directs FTA to include the
following: (1) a copy of the proposed full funding grant
agreement; (2) the total and annual federal appropriations
required for that project; (3) yearly and total federal
appropriations that can be reasonably planned or anticipated
for future FFGAs for each fiscal year through 2022; (4) a
detailed analysis of annual commitments for current and
anticipated FFGAs against the program authorization, by
individual project; (5) a financial analysis of the project's
cost and sponsor's ability to finance the project, which shall
be conducted by an independent examiner, and which shall
include an assessment of the capital cost estimate and the
finance plan; (6) the source and security of all public- and
private-sector financial instruments; (7) the project's
operating plan, which enumerates the project's future revenue
and ridership forecasts; and (8) a listing of all planned
contingencies and possible risks associated with the project.
The Committee continues the direction to FTA to inform the
House and Senate Committees on Appropriations in writing thirty
days before approving schedule, scope, or budget changes to any
full funding grant agreement. Correspondence relating to
changes shall include any budget revisions or program changes
that materially alter the project as originally stipulated in
the full funding grant agreement, including any proposed change
in rail car procurements.
In addition, the Committee directs FTA to continue
reporting monthly to the House and Senate Committees on
Appropriations on the status of each project with a full
funding grant agreement or that is within two years of a full
funding grant agreement.
Public transit programs provide a significant benefit to
individuals who otherwise have no means of
transportation.Whether it is to get to work, school, or a
doctor's appointment, public transit provides an important
service, especially in rural areas where other private transit
services are not available. The Committee directs FTA to review
the advantages and disadvantages of adding public transit as a
qualifying use for Public Benefit Conveyance, and submit a
report to the House and Senate Committees on Appropriations
within 180 days of enactment of this Act.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
Liquidation of contract Limitation on
authority obligations
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2017............................... $10,800,000,000 $9,733,706,043
Budget request, fiscal year 2018.............................. 10,300,000,000 9,733,353,407
Recommended in the bill....................................... 10,300,000,000 9,733,353,407
Bill compared with:
Appropriation, fiscal year 2017........................... -500,000,000 -352,636
Budget request, fiscal year 2018.......................... - - - - - -
----------------------------------------------------------------------------------------------------------------
The FAST Act provides contract authority for the transit
formula grant programs from the mass transit account of the
highway trust fund. These programs include: urbanized area
formula, state of good repair grants, formula grants for rural
areas, growing states and high density states, mobility for
seniors and persons with disabilities, bus and bus facilities
grants, bus testing facilities, planning programs, transit
oriented development, a pilot program for enhanced mobility,
public transportation innovation, technical assistance and
workforce development, and the National Transit Database. The
Appropriations Act sets an annual obligation limitation for
such authority. This account is the only FTA account funded
from the Highway Trust Fund.
COMMITTEE RECOMMENDATION
The Committee recommends an obligation limitation of
$9,733,353,407 for the formula programs and activities, the
same as the budget request and the program authorization. The
Committee's recommendation also includes $10,300,000,000 in
liquidating funds, which is $500,000,000 less than the fiscal
year 2017 enacted level, and equal to the budget request.
The Committee strongly encourages the Federal Transit
Administration to follow the guidance set forth in the FAST Act
when developing scoring criteria for the competitive Bus and
Bus Facilities Program. Per the legislation, the age and
mileage of fleet should be the primary consideration for
scoring applications.
TECHNICAL ASSISTANCE AND TRAINING
Appropriation, fiscal year 2017....................... $5,000,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +5,000,000
The FAST Act authorizes FTA to provide technical assistance
under section 5314 of title 49 for human resource and training
activities, and workforce development programs.
COMMITTEE RECOMMENDATION
The Committee recommends $5,000,000 for technical
assistance and training authorized under section 5314(b)(2),
which is equal to the fiscal year 2017 level and $5,000,000
above the request. In addition to the directly appropriated
funds, another $9,000,000 is provided through the obligation
limitation under the header ``Transit formula grants.''
Of the amount provided for Technical Assistance and
Workforce Development for fiscal year 2018, the Committee
directs FTA to ensure that no less than $5,000,000 from the
general fund will be available for technical assistance and
training to increase mobility for people with disabilities and
older adults.
CAPITAL INVESTMENT GRANTS
Appropriation, fiscal year 2017....................... $2,412,631,000
Budget request, fiscal year 2018...................... 1,232,000,000
Recommended in the bill............................... 1,752,989,851
Bill compared with:
Appropriation, fiscal year 2017................... -659,641,149
Budget request, fiscal year 2018.................. +520,989,851
Grants for capital investment to rail or other fixed
guideway transit systems are awarded to public bodies and
agencies (transit authorities and other state and local public
bodies and agencies thereof) including states, municipalities,
other political subdivisions of states; public agencies and
instrumentalities of one or more states; and certain public
corporations, boards and commissions under state law.
COMMITTEE RECOMMENDATION
The Committee recommends $1,752,989,851 for capital
investment grants which is $659,641,149 below the fiscal year
2017 enacted level and $520,989,851 above the budget request.
The Committee supports the President's commitment to invest
in infrastructure, and therefore maintains its position to
recognize the need for a robust Capital Investment Grant
Program. The Committee directs FTA to continue to advance
eligible projects into Project Development, Engineering, and
Construction through the Capital Investment Grant evaluation,
rating, and approval process.
Specifically, the Committee directs the Secretary to allow
a project to enter into project development when the applicant
satisfies the requirements; to advance a project into project
engineering when that project satisfies the requirements; to
negotiate a construction grant with the project sponsor for
every project that receives a medium rating or higher, submit
the notification to Congress promptly after conclusion of the
negotiation of the construction grant agreement, and execute
the construction grant agreement within 45 days of providing
such notification to Congress if the project continues to meet
the requirements; to enter into a full funding grant agreement
for any new fixed guideway capital project and core capacity
improvement project that has met the requirements immediately
after completion of the 30-day notice period for such projects;
and enter into a grant agreement for any small start project
that has met the requirements immediately after completion of
the 10-day notice period for such projects.
The Committee directs FTA to continue to update this
Committee on the status of projects that are in the current
funding pipeline, and assist those project sponsors who seek to
enter into and advance through the funding pipeline of the
Capital Investment Grant process.
The Committee directs FTA to issue policy guidance on the
Program of Interrelated Projects regarding project eligibility,
completing steps in the process, project evaluation, and
rating.
The fiscal year 2018 recommendation provides $1,007,929,851
for all current and on-going new starts full funding grant
agreements (FFGA), consistent with the agreed-upon payout
schedules for each project that is listed in the President's
budget request, $145,700,000 for the core capacity program, of
which, $100,000,000 is for the project listed in the
President's budget request, and $45,700,000 is available for
projects anticipating an FFGA in fiscal year 2018, $182,000,000
for small start projects, and $400,000,000 for new projects
that meet the criteria of section 5309(q) of title 49.
Finally, the Committee's recommendation includes
$17,360,000 (about one percent) for oversight activities
related to the investments of this account.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
Appropriation, fiscal year 2017....................... $150,000,000
Budget request, fiscal year 2018...................... 149,714,850
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +285,150
Section 601 of Division B of the Passenger Rail Investment
and Improvement Act of 2008 (PRIIA) (Public Law 110-432)
authorized $1,500,000,000 over a ten-year period for preventive
maintenance and capital grants for the Washington Metropolitan
Area Transportation Authority (WMATA). The law requires that
the Federal funds be matched dollar-for-dollar by Virginia,
Maryland, and the District of Columbia in equal proportions.
The compact required under the law has been established, and
Virginia, Maryland and the District of Columbia have all
committed to providing $50,000,000 each in local matching
funds.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $150,000,000 for
safety capital grants for WMATA, which is $285,150 greater than
the budget request and equal to the fiscal year 2017 enacted
level.
The Committee directs WMATA to continue addressing the
safety issues within the agency, specifically, those
identified, and in many cases mandated by the NTSB and FTA.
WMATA is further directed to continue implementing any and all
corrective actions to address financial, contracting, and
accounting concerns raised by FTA's financial management
oversight audit.
Finally, should the WMATA board endorse any effort to defer
maintenance, or move funds from maintenance and safety to
operating expenses in order to address an operating budget
shortfall, the Committee will view those budgetary shifts as a
lack of commitment to the spirit in which PRIIA funds were
provided and the Committee will consider its financial
contributions accordingly.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Section 160. The Committee continues the provision that
exempts previously made transit obligations from limitations on
obligations.
Section 161. The Committee continues the provision that
allows funds appropriated for capital investment grants and bus
and bus facilities not obligated by September 30, 2022, plus
other recoveries to be available for other projects under 49
U.S.C. 5309.
Section 162. The Committee continues the provision that
allows for the transfer of prior year appropriations from older
accounts to be merged into new accounts with similar, current
activities.
Section 163. The Committee continues the provision
prohibiting funds in this Act from being used to advance a
specific line in Harris County, Texas without benefit of a
local election.
Section 164. The Committee includes a provision prohibiting
funds to enter into an FFGA with a Federal share greater than
fifty percent.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
Appropriation, fiscal year 2017....................... $36,028,000
Budget request, fiscal year 2018...................... 28,346,012
Recommended in the bill............................... 31,346,012
Bill compared with:
Appropriation, fiscal year 2017................... -4,681,988
Budget request, fiscal year 2018.................. +3,000,000
The Great Lakes Saint Lawrence Seaway System, located
between Montreal and Lake Erie, is a binational, 15-lock system
jointly operated by the U.S. Saint Lawrence Seaway Development
Corporation (SLSDC) and its Canadian counterpart, the Canadian
St. Lawrence Seaway Management Corporation. The SLSDC was
established by the St. Lawrence Seaway Act of 1954 and is a
wholly owned government corporation and an operating
administration of the U.S. Department of Transportation (DOT).
The SLSDC is charged with operating and maintaining the U.S.
portion of the St. Lawrence Seaway. This responsibility
includes the two U.S. locks in Massena, New York, vessel
traffic control in portions of the St. Lawrence River and Lake
Ontario, and trade development functions to enhance the
utilization of the St. Lawrence Seaway.
The Water Resources Development Act of 1986 authorized the
Harbor Maintenance Trust Fund as a source of appropriations for
SLSDC operations and maintenance. Additionally, the SLSDC
generates non-federal revenues which can then be used for
operations and maintenance.
COMMITTEE RECOMMENDATION
The Committee recommends a total appropriation of
$31,346,012 to fund the operations, maintenance, and capital
asset renewal needs of the SLSDC. This funding level is
$4,681,988 below the fiscal year 2017 enacted level and
$3,000,000 the budget request. Of the amount provided, the
Committee directs $12,500,000 be used for the asset renewal
program. The Committee continues the direction to the SLSDC to
provide semiannual reports consistent with the requirements
stated in the Explanatory Statement of the Department of
Transportation Appropriations Act of 2009.
Maritime Administration
The Maritime Administration (MARAD) is responsible for
programs that strengthen the U.S. maritime industry in support
of the Nation's security and economic needs, as authorized by
the Merchant Marine Act of 1936. MARAD's mission is to promote
the development and maintenance of an adequate, well-balanced
United States merchant marine, sufficient to carry the Nation's
domestic waterborne commerce and a substantial portion of its
waterborne foreign commerce, and capable of serving as a naval
and military auxiliary in time of war or national emergency.
MARAD, working with the Department of Defense (DoD), helps
provide a seamless, time-phased transition from peacetime to
wartime operations, while balancing the defense and commercial
elements of the maritime transportation system. MARAD also
manages the maritime security program, the voluntary intermodal
sealift agreement program and the ready reserve force, which
assures DoD access to commercial and strategic sealift and
associated intermodal capability. Further, MARAD's education
and training programs through the U.S. Merchant Marine Academy
and six state maritime academies help create skilled U.S.
merchant marine officers.
MARITIME SECURITY PROGRAM
Appropriation, fiscal year 2017....................... $300,000,000
Budget request, fiscal year 2018...................... 210,000,000
Recommended in the bill............................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +90,000,000
The purpose of the Maritime Security Program (MSP) is to
maintain and preserve a U.S. flag merchant fleet to serve the
national security needs of the United States. The MSP provides
direct payments to U.S. flagship operators engaged in U.S.-
foreign trade. Participating operators are required to keep the
vessels in active commercial service and are required to
provide intermodal sealift support to the Department of Defense
in times of war or national emergency.
COMMITTEE RECOMMENDATION
The Committee recommends $300,000,000 for the maritime
security program, consistent with the authorized funding level,
which is equal to the amount provided in fiscal year 2017 and
$90,000,000 above the request. Funds are available until
expended.
OPERATIONS AND TRAINING
Appropriation, fiscal year 2017....................... $175,560,000
Budget request, fiscal year 2018...................... 171,820,000
Recommended in the bill............................... 175,620,000
Bill compared with:
Appropriation, fiscal year 2017................... +60,000
Budget request, fiscal year 2018.................. +3,800,000
The operations and training account provides funding for
headquarters and field offices to administer and direct MARAD
operations and programs. The account also provides funding for
the operation of the U.S. Merchant Marine Academy and financial
assistance to the six state maritime academies.
COMMITTEE RECOMMENDATION
The Committee recommends $175,620,000 for MARAD operations
and training expenses, $60,000 above the fiscal year 2017
enacted level and $3,800,000 above the budget request.
MARAD operations.--Of the funds provided, a total of
$56,020,000 is for headquarters and regional office operations,
of which $3,000,000 is for maritime environment and compliance
program expenses. The recommendation does not provide funding
for the Marine Highways Program.
The Committee continues the reporting requirement that
MARAD submit information on the number of vacancies at MARAD
headquarters and regional offices, and the duties associated
with each vacancy concurrent with the fiscal year 2019 budget
submission. The Committee's recommendation assumes no new FTE
in the new fiscal year.
United States Merchant Marine Academy.--The U.S. Merchant
Marine Academy (the Academy or USMMA) provides educational
programs for men and women to become shipboard officers and
leaders in the maritime industry. The Committee's funding
recommendation includes a total of $84,400,000 in fiscal year
2018 for the USMMA, of which up to $66,400,000 is for Academy
operations and not less than $18,000,000 is for capital
improvements. The Committee's recommendation includes funding
for an attorney dedicated to providing victims of sexual
assault and harassment legal advice, consistent with other
Federal service academies, $679,000 as requested for seawall
repairs, funding for the architecture and engineering work
associated with Patten Hall, and upgrades for Fitch Hall. In
addition, $2,000,000 is available for gate access control.
State maritime academies.--The Committee recommends
$35,200,000 for the state maritime academies. Of the funds
provided, $3,000,000 is for direct payments, $2,400,000 is for
student payments, and $1,800,000 is for fuel assistance.
Schoolships.--The Committee's recommendation for the state
maritime academies includes $22,000,000 for the repair and
maintenance of existing schoolships. Further, another
$6,000,000 is recommended for the construction of a common
schoolship for maritime academies under MARAD.
Sexual assault reporting.--The Committee requests an
updated report within 120 days of enactment of this Act that:
(1) details the USMMA's current system for reporting and
investigating allegations of sexual harassment and assault at
the Academy and during Sea Year; (2) details the sexual assault
and sexual harassment prevention training programs for students
at the Academy and at sea; (3) details the industry
implementation of sexual assault and sexual harassment
prevention and response best practices in the commercial Sea
Year program; (4) details the number of settlements stemming
from incidence of sexual assault and sexual harassment
occurring during the commercial Sea Year program over the last
five years, regardless of whether or not USMMA is a party to
such settlements, and any actions USMMA takes in response to
such settlements; and (5) compares student sentiment in Sea
Year sailings under the revised Sea Year program with a similar
cohort under the old program guidelines.
ASSISTANCE TO SMALL SHIPYARDS
Appropriation, fiscal year 2017....................... $10,000,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -7,000,000
Budget request, fiscal year 2018.................. +3,000,000
As authorized under section 54101 of title 46, the
Assistance to Small Shipyards program provides assistance in
the form of grants, loans, and loan guarantees to small
shipyards for capital improvements and training programs.
COMMITTEE RECOMMENDATION
The Committee recommends $3,000,000 for Assistance to Small
Shipyards, $7,000,000 below the fiscal year 2017 enacted level
and $3,000,000 above the budget request.
SHIP DISPOSAL
Appropriation, fiscal year 2017....................... $34,000,000
Budget request, fiscal year 2018...................... 9,000,000
Recommended in the bill............................... 9,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -25,000,000
Budget request, fiscal year 2018.................. - - -
MARAD serves as the Federal government's disposal agent for
government-owned merchant vessels weighing 1,500 gross tons or
more. The ship disposal program provides resources to dispose
of obsolete merchant-type vessels in the National Defense
Reserve Fleet (NDRF). The Maritime Administration was required
by Public Law 106-398 to dispose of its obsolete inventory by
the end of 2006. These vessels pose a significant environmental
threat due to the presence of hazardous substances such as
asbestos and solid and liquid polychlorinated biphenyls (PCBs).
COMMITTEE RECOMMENDATION
The Committee recommends $9,000,000 for ship disposal
activities, $25,000,000 below the fiscal year 2017 enacted
level and equal to the budget request. The recommendation
includes $6,000,000 to dispose of four non-retention NDRF
vessels and $3,000,000 to maintain the NS SAVANNAH in
protective storage in accordance with the Nuclear Regulatory
Commission's license requirements. Funds are available until
expended.
The Committee notes that the fiscal year 2017 Appropriation
Act provided MARAD with funding to dispose of the final two
non-retention vessels held in the Suisun Bay Reserve Fleet and
covered by the April 2010 California court consent decree.
Finally, the Committee again encourages MARAD to explore
the possibility of making costs associated with maintenance and
disposal of the NS SAVANNAH an eligible activity at the
National Maritime Heritage Grant program in the 2019 request.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2017....................... $3,000,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +3,000,000
The maritime guaranteed loan program, as provided for by
Title XI of the Merchant Marine Act of 1936, provides for
guaranteed loans for purchasers of ships from the U.S.
shipbuilding industry and for modernization of U.S. shipyards.
COMMITTEE RECOMMENDATION
The Committee recommends $3,000,000 for the maritime
guaranteed loan (Title XI) Program, which is equal to the
fiscal year 2017 enacted level and $3,000,000 above the budget
request. The recommendation includes bill language that
transfers Title XI administrative expenses to the National
Surface Transportation and Innovative Finance Bureau to
administer the program.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170. The Committee continues a provision that
allows the Maritime Administration to furnish utilities and
services and make repairs to any lease, contract, or occupancy
involving government property under the control of MARAD and
rental payments shall be paid into the Treasury as
miscellaneous receipts.
Section 171. The Committee continues a provision regarding
MARAD ship disposal.
Section 172. The Committee includes a provision modifying
penalty wages regarding foreign and intercostal voyages and
coast-wise voyages.
Pipeline and Hazardous Materials Safety Administration
The Pipeline and Hazardous Materials Safety Administration
(PHMSA) administers nationwide safety programs designed to
protect the public and the environment from risks inherent in
the commercial transportation of hazardous materials by
pipeline, air, rail, vessel, and highway. Many of these
materials are essential to the national economy. The agency's
highest priority is safety, and it uses safety management
principles and security assessments to promote the safe
transport of hazardous materials and the security of the
nation's pipelines.
OPERATIONAL EXPENSES
Appropriation, fiscal year 2017....................... $22,500,000
Budget request, fiscal year 2018...................... 20,960,000
Recommended in the bill............................... 20,500,000
Bill compared with:
Appropriation, fiscal year 2017................... -2,000,000
Budget request, fiscal year 2018.................. -460,000
This appropriation finances the operational support costs
for PHMSA, including agency-wide functions of administration,
management, policy development, legal counsel, budget,
financial management, civil rights, human resources,
acquisition services, information technology, and governmental
and public affairs.
COMMITTEE RECOMMENDATION
The Committee recommends $20,500,000 for PHMSA operational
expenses. This is $2,000,000 below the fiscal year 2017 enacted
level, and $460,000 below the budget request.
HAZARDOUS MATERIALS SAFETY
Appropriation, fiscal year 2017....................... $57,000,000
Budget request, fiscal year 2018...................... 55,513,000
Recommended in the bill............................... 57,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +1,487,000
The hazardous materials safety program advances the safe
and secure transport of hazardous materials (hazmat) in
commerce by air, truck, railroad and vessel. PHMSA evaluates
hazmat safety risks, develops and enforces regulations for
transporting hazmat, educates shippers and carriers,
investigates hazmat incidents and failures, conducts research,
and provides grants to improve emergency response to
transportation incidents involving hazmat.
COMMITTEE RECOMMENDATION
The Committee recommends $57,000,000, which is the same as
the fiscal year 2017 enacted level and $1,487,000 above the
budget request. This funding level supports the agency's
existing hazardous materials safety program, including prior
year increases provided to support the safe transport of energy
products. Funding is provided to continue research on hazardous
petroleum products, including work with the Department of
Energy on test methods for crude oil, carrying out combustion
experiments, and modeling to develop hazard profiles of
different crude oils. The Committee recommends $7,570,000 of
the total to remain available for three years for long-term
research and development contracts.
Inland ports of entry.--The Committee directs PHMSA to work
with local governments at international inland ports of entry
with a high volume of hazardous material border crossings to
reduce the risk associated with crossing and storing hazardous
material and to enhance the capacity of local officials in
dealing with threats of hazardous material incident.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
(Underground
(Oil spill natural gas
(Pipeline liability trust storage Total
Safety Fund) fund) facility safety
fund)
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2017............. $128,000,000 $20,288,000 $8,000,000 $156,288,000
Budget request, fiscal year 2018............ 124,263,000 22,081,000 $8,000,000 154,344,000
Recommended in the bill..................... 131,000,000 23,000,000 $8,000,000 162,000,000
Bill compared to:
Appropriation, fiscal year 2017......... +3,000,000 +2,712,000 - - - +5,712,000
Budget request, fiscal year 2018........ +6,737,000 +919,000 - - - +7,656,000
----------------------------------------------------------------------------------------------------------------
PHMSA oversees the safety, security, and environmental
protection of pipelines through analysis of data, damage
prevention, education and training, development and enforcement
of regulations and policies, research and development, grants
for states pipeline safety programs, and emergency planning and
response to accidents. The pipeline safety program is
responsible for a national regulatory program to protect the
public against the risks to life and property in the
transportation of natural gas, petroleum, and other hazardous
materials by pipeline.
COMMITTEE RECOMMENDATION
The Committee recommends $162,000,000 to continue pipeline
safety operations, research and development, and state grants-
in-aid, which is $5,712,000 above the fiscal year 2017 enacted
level and $7,656,000 above the budget request. Of the total,
$23,000,000 is from the oil spill liability trust fund, and
$131,000,000 is from the pipeline safety fund.
The Committee recommendation provides $13,000,000 for
research and development, $53,000,000 for state pipeline safety
grants, $1,058,000 for state one-call grants, and $1,500,000
for state damage prevention grants. PHMSA shall deliver a
report to the House and Senate Committees on Appropriations
within 120 days of enactment of this Act that details staffing
and hiring plans for fiscal year 2018 as well as actual
turnover and hiring in fiscal year 2017.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
Appropriation, fiscal year 2017....................... ($28,318,000)
Budget request, fiscal year 2018...................... (28,318,000)
Recommended in the bill............................... (28,318,000)
Bill compared to:
Appropriation, fiscal year 2017................... ( - - -)
Budget request, fiscal year 2018.................. ( - - -)
The Hazardous Materials Transportation Uniform Safety Act
of 1990 (Public Law 101-616) requires PHMSA to: (1) develop and
implement a reimbursable emergency preparedness grant program;
(2) monitor public sector emergency response training and
planning and provide technical assistance to states, political
subdivisions, and Indian tribes; and (3) develop and update
periodically a mandatory training curriculum for emergency
responders.
COMMITTEE RECOMMENDATION
The Committee recommends $28,318,000 for the emergency
preparedness grants program, which is the same as the fiscal
year 2017 enacted level and the budget request.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2017....................... $90,152,000
Budget request, fiscal year 2018...................... 87,306,000
Recommended in the bill............................... 92,152,000
Bill compared with:
Appropriation, fiscal year 2017................... +2,000,000
Budget request, fiscal year 2018.................. +4,846,000
The Office of Inspector General was established in 1978 to
provide an objective and independent organization that would be
more effective in: (1) preventing and detecting fraud, waste,
and abuse in departmental programs and operations; and (2)
providing a means of keeping the Secretary of Transportation
and the Congress fully and currently informed of problems and
deficiencies in the administration of such programs and
operations. According to the authorizing legislation, the
Inspector General (IG) is to report dually to the Secretary of
Transportation and to the Congress.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $92,152,000 for the
Office of Inspector General, which is $2,000,000 greater than
the fiscal year 2017 enacted level and $4,846,000 greater than
the budget request. The Committee continues to highly value
IG's oversight of departmental programs and activities.
Unfair business practices.--The bill maintains language
first enacted in fiscal year 2000, which authorizes the OIG to
investigate allegations of fraud and unfair or deceptive
practices and unfair methods of competition by air carriers and
ticket agents.
Audit reports.--The Committee requests the OIG to continue
forwarding copies of all audit reports to the Committee
immediately after they are issued, and to continue to make the
Committee aware immediately of any review that recommends
cancellation or modifications to any major acquisition project
or grant, or which recommends significant budgetary savings.
The OIG is also directed to withhold from public distribution
for a period of 15 days any final audit or investigative report
that was requested by the House or Senate Committees on
Appropriations.
Audit of Metropolitan Transit Authority of Harris County,
Texas.--The Committee directs the IG to provide progress
updates on the status of the audit into the financial solvency
of the Metropolitan Transit Authority of Harris County, Texas
(Houston METRO).
GENERAL PROVISIONS--DEPARTMENT OF TRANSPORTATION
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 183 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 184 prohibits DOT from using funds for grants of
$500,000 or more from any mode at DOT, unless DOT gives a 3-day
advance notice to the House and Senate Committees on
Appropriations. Also requires notice of any ``quick release''
of funds from FHWA's emergency relief program, and prohibits
notifications from involving funds not available for
obligation. Requires DOT to provide a comprehensive list of all
loans, loan guarantees, lines of credit, and discretionary
grants that will be announced with a 3-day advance notice to
the House and Senate Committees on Appropriations.
Section 185 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 186 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to be
made available to cover expenses incurred in recovery of such
payments.
Section 187 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 188 allows funds appropriated to modal
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to that modal administration.
Section 189 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 190 prohibits the use of funds to implement any
geographic, economic, or other hiring preference not otherwise
authorized by law, unless certain requirements are met related
to availability of local labor, displacement of existing
employees, and delays in transportation plans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Management and Administration accounts provide operating
support to the Department of Housing and Urban Development.
Funding supports the salaries and expenses of nearly all HUD
employees, as well as certain non-personnel expenses critical
to carrying out HUD's mission, including funding for shared
service agreements. The Committee supports the Department's
efforts to transform the way it does business and encourages
the Department to continue efforts to streamline operations
while making targeted technology and human capital investments.
Budget presentation.--The Committee directs HUD to continue
to clearly identify and explain within its budget request the
movement, reclassification, or transfer of budgetary resources
from one account, program, project, or activity to another
account, program, project, or activity in order to facilitate
year-over-year comparisons. Any programs, projects, or
activities that are newly requested or transferred from
accounts outside Management and Administration shall also be
clearly identified and clearly distinguished from adjustments
to baseline spending.
New initiatives.--The Committee reiterates that the
Department must limit the reprogramming of funds between the
programs, projects, and activities within each account and that
no changes may be made to any program, project, or activity
without prior approval of the House and Senate Committees on
Appropriations. Unless otherwise identified in the bill or
report, the most detailed allocation of budgetary resources
presented in the budget justifications is approved with any
deviation from such approved allocation subject to
reprogramming requirements. All carryover funds, including
recaptures and deobligations, are also subject to reprogramming
requirements.
HUD management challenges.--Annually since 1991, the Office
of Inspector General has reported on the lack of an integrated
financial management system at HUD. The Department has been
working to replace its core financial management system since
fiscal year 2003, and has yet to deliver a successful
replacement. Many of the financial challenges and risks are
exacerbated by the Department's outdated information technology
systems, and yet the Department has shown weaknesses in
planning, managing, executing, and appropriately funding its
projects, making it difficult to successfully update outdated
systems. As the Inspector General noted in his most recent
testimony before the Committee, as HUD addresses its future
financial management objectives, it must ensure the project is
properly planned and managed, its objectives are sequentially
met during implementation, and additional funding is spent
appropriately. The Committee expects regular updates on its
efforts to correct these financial management deficiencies and
improve information technology governance.
EXECUTIVE OFFICES
Appropriation, fiscal year 2017....................... $14,000,000
Budget request, fiscal year 2018...................... 14,708,000
Recommended in the bill............................... 14,708,000
Bill compared with:
Appropriation, fiscal year 2017................... +708,000
Budget request, fiscal year 2018.................. - - -
The Executive Offices account funds the salaries and
expenses of the Office of the Secretary, the Office of the
Deputy Secretary, the Office of Adjudicatory Services, the
Office of Congressional and Intergovernmental Relations, the
Office of Public Affairs, the Office of Small and Disadvantaged
Business Utilization, and the Center for Faith-Based and
Neighborhood Partnerships.
The Office of the Secretary provides program and policy
guidance, and operations management and oversight in
administering all programs, functions, and authorities of the
Department.
The Office of the Deputy Secretary provides operations
management and helps the Department achieve its strategic goals
by providing management support to program offices under the
direction of the Office of the Secretary.
The Office of Adjudicatory Services, formerly known as the
Office of Hearings and Appeals, conducts hearings and makes
determinations regarding formal complaints or adverse actions
initiated by HUD based upon alleged violations of federal
statutes and implementing regulations.
The Office of the Assistant Secretary for Congressional and
Intergovernmental Relations is responsible for coordinating
Congressional and intergovernmental relations activities
involving program offices to ensure the effective and accurate
presentation of the Department's views.
The Office of Public Affairs educates the American people
about the Department's mission through media outreach and other
communication tools, such as press releases, press conferences,
the Internet, media interviews, new media, and community
outreach.
The Office of Small and Disadvantaged Business Utilization
provides small business program design and outreach to the
business community and serves as the central referral point for
small business regulatory compliance information.
The Center for Faith-based and Neighborhood Partnerships
conducts outreach, recommends changes to HUD policies and
programs that present barriers to grassroots organizations, and
initiates special projects, such as grant writing training.
COMMITTEE RECOMMENDATION
The Committee recommends $14,708,000, which is $708,000
above the fiscal year 2017 enacted level and equal to the
budget request.
The bill also provides that no more than $25,000 provided
under the Office of the Secretary shall be available for
official reception and representation expenses as the Secretary
may determine.
Notice of HUD assistance.--HUD provides many different
types of financial assistance to accomplish the missions of
housing and development. Grants, loans, mortgages, contracts,
and cooperative agreements are provided in support of many
different types of stakeholders, including individuals, public
housing authorities, not-for-profit organizations, states and
governors, mayors and cities, and landlords. As a consequence,
there is no single HUD point of contact in a given community,
or one single grant recipient, and it is difficult to
comprehensively track all of HUD's investments, projects, and
programs across a single community. The Committee directs the
Secretary, either though the various program offices or through
technical assistance initiatives, to notify local officials
where HUD assistance is, or will be, used for new construction,
hazard remediation, or substantial rehabilitation of
multifamily units, public buildings, or other projects which
involve the construction of or rehabilitation of properties
other than single family homes.
ADMINISTRATIVE SUPPORT OFFICES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2017....................... $517,647,000
Budget request, fiscal year 2018...................... 517,803,000
Recommended in the bill............................... 518,303,000
Bill compared with:
Appropriation, fiscal year 2017................... +656,000
Budget request, fiscal year 2018.................. +500,000
The Administrative Support Offices (ASO) account funds the
salaries and expenses of the Office of Administration, the
Office of the Chief Human Capital Officer, the Office of
General Counsel, the Office of the Chief Financial Officer, the
Office of the Chief Procurement Officer, the Office of
Departmental Equal Employment Opportunity, the Office of Field
Policy and Management, the Office of Strategic Planning and
Management, the Office of the Chief Information Officer, and
the Office of the Chief Operations Officer.
The Committee commends HUD's recognition of the need to
institutionalize and stabilize operations within the
Department, and establishes the creation of the Office of the
Chief Operations Officer (OCOO). The Chief Operations Officer
was formerly part of Executive Offices, but is moved to ASO to
oversee the day-to-day operations of the Department, focusing
on oversight and transformation of HUD's human capital,
procurement, administrative, and information technology
processes. The OCOO oversees a team that includes the Chief
Human Capital Officer (CHCO), the Chief Procurement Officer
(CPO), the Chief Information Officer (CIO), the Chief
Administrative Officer (CAO), and the Director of the Office of
Strategic Planning and Management (OSPM).
The Office of the Chief Financial Officer (CFO) provides
leadership in instituting financial integrity, fiscal
responsibility, and accountability. The CFO is responsible for
all aspects of financial management, accounting, and budgetary
matters; ensuring the Department establishes and meets
financial management goals and objectives; ensuring the
Department is in compliance with financial management
legislation and directives; analyzing budgetary implications of
policy and legislative proposals; and providing technical
oversight with respect to all budget activities throughout the
Department.
The General Counsel, as the chief legal officer and legal
voice of the Department, is the legal adviser to the Secretary
and other principal staff of the Department. It is the
responsibility of the Office of the General Counsel (OGC) to
provide legal opinions, advice, and services with respect to
all programs and activities, and to provide counsel and
assistance in the development of the Department's programs and
policies. Additionally, OGC conducts high-dollar value insured
loan closings for multifamily housing, nursing homes,
hospitals, and elderly and disabled housing programs.
The Office of Administration provides general operational
support services to all offices and divisions throughout HUD.
These services include HUD's non-information technology
infrastructure in the following areas: nationwide management
and operation of buildings, providing administrative services
to all field offices, Freedom of Information Act (FOIA)
processing, records management, overseeing HUD broadcasting,
and coordinating responses to disasters and emergencies.
The Office of the Chief Human Capital Officer provides
human resource services to all offices and divisions throughout
HUD, and assures accountability with the Office of Personnel
Management, Office of Management and Budget, other Federal
agencies, Congress, and the public. These services include
HUD's non-information technology infrastructure in the
following areas: strategic human capital management, enterprise
level training and learning, recruitment and staffing,
workforce planning, retention, engagement, succession planning,
and Departmental performance management.
The Office of Field Policy and Management (FPM) serves as
the principal advisor providing oversight and communicating
Secretarial priorities and policies to field office staff and
HUD clients. The Regional and Field Office Directors act as the
operational managers in each of the field offices and manage
and coordinate cross-program delivery in the field.
The Office of the Chief Procurement Officer (OCPO) provides
acquisition support for the creating of strong, sustainable,
inclusive communities and quality homes for all. OCPO is
responsible for managing the agency acquisition workforce and
conducting procurement activities.
The Office of Departmental Equal Employment Opportunity
(ODEEO) is responsible for ensuring the enforcement of Federal
laws relating to the elimination of all forms of discrimination
in the Department's employment practices and to ensure equal
employment opportunity (EEO). The Office is comprised of two
programmatic areas in carrying out the administration,
management, and enforcement of its EEO, civil rights, and
affirmative employment functions: 1) Equal Employment
Opportunity Division, which includes the Alternative Dispute
Resolution Program; and 2) the Affirmative Employment Division.
The Office of Strategic Planning and Management drives
organizational, programmatic, and operational change across the
Department to maximize efficiency and performance. The office
facilitates HUD's strategic planning process by identifying the
Department's priorities and transformational change
initiatives, managing risk, creating and managing work plans
for targeted transformation projects, and developing key
program performance measures and targets for monitoring.
The Office of the Chief Information Officer is led by the
Chief Information Officer (CIO), who reports to the Office of
the Secretary/Deputy Secretary. HUD's CIO advises senior
managers on the strategic use of information technology to
support core business processes and to achieve mission critical
goals. OCIO is responsible for providing modern information
technology that is secure, accessible, and cost effective while
ensuring compliance with applicable regulatory requirements.
COMMITTEE RECOMMENDATION
The Committee recommends $518,303,000 for this account,
which is $656,000 above the fiscal year 2017 enacted level and
$500,000 above the budget request.
Funding specified for each office is as follows:
------------------------------------------------------------------------
Office Amount
------------------------------------------------------------------------
Office of the Chief Operations Officer.................. $10,762,000
Office of the Chief Financial Officer................... 50,340,000
Office of the General Counsel........................... 92,006,000
Office of Administration................................ 205,873,000
Office of the Chief Human Capital Officer............... 38,245,000
Office of Field Policy and Management................... 49,588,000
Office of the Chief Procurement Officer................. 19,065,000
Office of the Departmental Equal Employment Opportunity. 3,570,000
Office of Strategic Planning and Management............. 4,975,000
Office of the Chief Information Officer................. 43,879,000
------------------------------------------------------------------------
Program Office Salaries and Expenses
PUBLIC AND INDIAN HOUSING
Appropriation, fiscal year 2017....................... $216,000,000
Budget request, fiscal year 2018...................... 216,633,000
Recommended in the bill............................... 216,633,000
Bill compared with:
Appropriation, fiscal year 2017................... +633,000
Budget request, fiscal year 2018.................. - - -
The Office of Public and Indian Housing (PIH) oversees the
administration of HUD's Public Housing, Housing Choice Voucher,
and Native American Programs. PIH is responsible for
administering and managing programs authorized and funded by
Congress under the basic provisions of the U.S. Housing Act of
1937.
COMMITTEE RECOMMENDATION
The Committee recommends $216,633,000 for this account,
which is $633,000 above the level enacted in fiscal year 2017,
and equal to the fiscal year 2018 budget request. The Committee
directs that at least the same level of budgetary resources as
in fiscal year 2017 be allocated to ensure the successful and
streamlined completion of Rental Assistance Demonstration (RAD)
transactions.
COMMUNITY PLANNING AND DEVELOPMENT
Appropriation, fiscal year 2017....................... $110,000,000
Budget request, fiscal year 2018...................... 107,554,000
Recommended in the bill............................... 107,554,000
Bill compared with:
Appropriation, fiscal year 2017................... -2,446,000
Budget request, fiscal year 2018.................. - - -
The Office of Community Planning and Development (CPD)
manages a wide range of community development, affordable
housing, homeless, special needs, disaster recovery, and
economic stimulus and mobility programs that support
communities, low-income households, and others requiring
assistance. The primary means toward this end is the
development of partnerships among all levels of government and
the private sector. This Office is responsible for the
effective administration of Community Development Block Grants
(CDBG), the Home Investment Partnership (HOME), Homeless
Assistance Grants, and other HUD community development
programs.
COMMITTEE RECOMMENDATION
The Committee recommends $107,554,000 for this account,
which is $2,446,000 below the level enacted in fiscal year
2017, and equal to the budget request.
HOUSING
Appropriation, fiscal year 2017....................... $392,000,000
Budget request, fiscal year 2018...................... 365,829,000
Recommended in the bill............................... 392,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +26,171,000
The Office of Housing provides vital public services
through its nationally administered programs, oversees the
Federal Housing Administration (FHA), the largest mortgage
insurer in the world, and regulates housing industry business.
In addition to Executive Direction and supportive offices that
work on finance, budget, and operations, there are five program
offices within the Office of Housing: 1) Office of Multifamily
Housing programs; 2) Office of Healthcare programs; 3) Office
of Risk Management and Regulatory Affairs; 4) Office of Single
Family Housing programs; and 5) Office of Housing Counseling.
COMMITTEE RECOMMENDATION
The Committee recommends $392,000,000 for this account,
which is equal to the fiscal year 2017 enacted level, and
$26,171,000 above the budget request. The Committee directs the
Department to perform the activities carried out in prior years
by the performance-based contract administrators and provides
funding for these purposes within the office.
POLICY DEVELOPMENT AND RESEARCH
Appropriation, fiscal year 2017....................... $24,000,000
Budget request, fiscal year 2018...................... 24,065,000
Recommended in the bill............................... 24,065,000
Bill compared with:
Appropriation, fiscal year 2017................... +65,000
Budget request, fiscal year 2018.................. - - -
The Office of Policy Development and Research (PD&R;)
directs the Department's annual research agenda to support the
research and evaluation of housing and other departmental
initiatives to improve HUD's effectiveness and operational
efficiencies. Research proposals are determined through
consultation with senior staff from each HUD program office,
the Office of Management and Budget, and Congress.
COMMITTEE RECOMMENDATION
The Committee recommends $24,065,000 for this account,
which is $65,000 above the level enacted in fiscal year 2017
and equal to the budget request.
FAIR HOUSING AND EQUAL OPPORTUNITY
Appropriation, fiscal year 2017....................... $72,000,000
Budget request, fiscal year 2018...................... 69,808,000
Recommended in the bill............................... 69,808,000
Bill compared with:
Appropriation, fiscal year 2017................... -2,192,000
Budget request, fiscal year 2018.................. - - -
The Office of Fair Housing and Equal Opportunity (FHEO) is
responsible for developing policies and guidance, and for
providing technical support for enforcement of the Fair Housing
Act and the civil rights statutes. FHEO serves as the central
point for the formulation, clearance and dissemination of
policies, intra-departmental clearances, and public information
related to fair housing issues. FHEO receives, investigates,
conciliates and recommends the issuance of charges of
discrimination and determinations of non-compliance for
complaints filed under Title VIII and other civil rights
authorities. Additionally, FHEO conducts civil rights
compliance reviews and compliance reviews under Section 3.
COMMITTEE RECOMMENDATION
The Committee recommends $69,808,000 for this account,
which is $2,192,000 below the level enacted in fiscal year 2017
and equal to the budget request.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES
Appropriation, fiscal year 2017....................... $9,353,000
Budget request, fiscal year 2018...................... 7,600,000
Recommended in the bill............................... 7,600,000
Bill compared with:
Appropriation, fiscal year 2017................... -1,753,000
Budget request, fiscal year 2018.................. - - -
The Office of Lead Hazard Control and Healthy Homes
(OLHCHH) is directly responsible for the administration of the
Lead-Based Paint Hazard Reduction program authorized by Title X
of the Housing and Community Development Act of 1992. The
office also addresses multiple housing-related hazards
affecting the health of residents, particularly children. The
office develops lead-based paint regulations, guidelines, and
policies applicable to HUD programs, and enforces the Lead
Disclosure Rule issued under Title X. The mission of the OLHCHH
is to provide safe and healthy homes for at-risk families and
children by promoting and funding housing repairs to address
conditions that threaten the health of residents.
COMMITTEE RECOMMENDATION
The Committee recommends $7,600,000 for this account, which
is $1,753,000 below the fiscal year 2017 enacted level and
equal to the budget request.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The Department of Housing and Urban Development's Working
Capital Fund (WCF) was established by the Consolidated
Appropriations Act, 2016 to consolidate by transfer resources
that support certain centrally performed administrative
functions. The purpose of the WCF is to promote economy,
efficiency, and accountability among the various HUD offices
that rely on these functions.
COMMITTEE RECOMMENDATION
The Committee recommendation provides the Secretary with
the authority to transfer amounts provided in this title for
salaries and expenses, except those for the Office of Inspector
General, to this account for the purpose of funding centralized
activities. The Department is required to centralize and fund
from this account any shared service agreements executed
between HUD and another federal agency. For fiscal year 2018,
the Department is permitted to centralize and fund from this
account: financial management, procurement, travel, relocation,
human resources, printing, records management, space
renovation, furniture, supply services, and other shared
services as decided by the Secretary. The Committee expects
that, prior to exercising discretion to centrally fund an
activity, the Secretary shall have established transparent and
reliable unit cost accounting for the offices and agencies of
the Department that use the activity, and shall have adequately
trained staff within each affected office and agency on
resource planning and accounting processes associated with the
centralization of funds to this account.
Further, prior to centralizing either furniture or space
renovation, the Committee directs the Department to deliver a
comprehensive, multi-year real property improvement plan that
details all planned space realignments, capital improvements,
maintenance requirements, and other costs associated with
carrying out HUD's most recent strategic plan, including any
elements of the General Service Administration (GSA) study on
the Weaver Building that HUD plans to include as part of its
Reimbursable Work Agreement with GSA.
Prior to exercising its authority to transfer funds for
activities beyond what is required for shared service
agreements, the Committee expects HUD to establish a clear
execution plan for centralizing the additional activities, and
to transmit that plan to the House and Senate Committees on
Appropriations 30 days prior to transferring such funds into
the WCF.
HUD shall include in its annual operating plan a detailed
outline of its plans for transferring budgetary resources to
the WCF in fiscal year 2018.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2017....................... $20,292,000,000
Budget request, fiscal year 2018...................... 19,317,900,000
Recommended in the bill............................... 20,486,725,000
Bill compared with:
Appropriation, fiscal year 2017................... +194,725,000
Budget request, fiscal year 2018.................. +1,168,825,000
In fiscal year 2005, the Housing Certificate Fund was
separated into two new accounts: Tenant-Based Rental Assistance
and Project-Based Rental Assistance. This account administers
the tenant-based Section 8 rental assistance program otherwise
known as the Housing Choice Voucher program.
COMMITTEE RECOMMENDATION
The Committee recommends $20,486,725,000 for tenant-based
rental assistance, which is $194,725,000 above the fiscal year
2017 enacted level and $1,168,825,000 above the budget request.
Consistent with the budget request, the Committee continues the
advance of $4,000,000,000 of the funds appropriated under this
heading for Section 8 programs to October 1, 2018.
Voucher renewals.--The Committee provides $18,709,725,000
for the renewal of tenant-based vouchers. This level is
$354,725,000 above the fiscal year 2017 enacted level and
$1,125,899,000 above the budget request. The Committee directs
the Department to monitor and report to the House and Senate
Committees on Appropriations each quarter on the trends in
Section 8 subsidies and to report on the required program
alterations due to changes in rent or changes in tenant income.
Veterans affairs supportive housing (VASH).--The Committee
provides no less than $577,000,000 within the voucher renewal
appropriation to renew over 90,000 eligible VASH vouchers and
to continue the effort to eliminate homelessness among our
nation's veterans.
Since 2008, the Committee has provided more than
$500,000,000 in targeted funding to increase the number of VASH
vouchers available to address veterans' homelessness and
billions of dollars in additional funding have been made
available to renew VASH vouchers. Communities across the
country have been able to use these resources to make
tremendous strides in addressing veterans' homelessness.
According to the Department of Veterans Administration, a
number of diverse communities across the country have been able
to announce an end to veteran homelessness. These successes are
the result of hard work, and effective collaboration, and are
aspirational for the rest of the country. However, since 2010,
veterans' homelessness has only declined by 36 percent
nationally.
For this reason, the Committee directs the Department to
use existing authority to recapture HUD-VASH voucher assistance
from Public Housing Authorities (PHAs) that voluntarily declare
that they no longer have a need for that assistance or have
mismanaged their allotted vouchers, and to reallocate vouchers
to PHAs with an identified need. The Committee expects HUD to
expedite this process. The Committee encourages the Department
to prioritize, as part of this reallocation, PHAs that project-
base a portion of their HUD-VASH vouchers in high-cost areas.
The Committee directs the agency to report to Congress on its
plan to implement this section within 120 days of enactment of
this Act.
Vouchers for homeless native american veterans.--The
Committee provides $7,000,000 for renewal of vouchers for
Native American veterans who are homeless or at risk of
homelessness living on or near a reservation, or other Indian
areas. This program was first funded in fiscal year 2015, and
because of the unique nature of the program, a separate renewal
line is required. These resources are in addition to VASH
appropriations included within voucher renewal funding.
Homeless veterans on U.S.-Mexico border.--The Committee
notes that there are many homeless veterans living on the U.S.-
Mexico border, many of whom have not historically been counted
in the point-in-time homeless survey. The Committee directs HUD
to take action to ensure that HUD-VASH vouchers are made
available to this unique population. The Committee further
directs HUD to develop strategies and recommendations for
addressing and reducing veteran homelessness on the U.S.-Mexico
border.
HUD-VASH eligibility.--The Committee notes that there are
many homeless individuals who previously served in the armed
forces but are not considered eligible veterans for the purpose
of obtaining VASH assistance. The Committee directs HUD to
develop strategies and recommendations to better identify this
specific subpopulation and reduce instances of homelessness
among them by utilizing existing HUD resources.
Tenant protection.--The Committee provides $60,000,000 for
tenant protection vouchers, which is $50,000,000 below the
fiscal year 2017 enacted level and the same as the budget
request.
Administrative fees.--The Committee provides $1,550,000,000
for allocations to Public Housing Authorities (PHAs) to conduct
activities associated with placing and maintaining individuals
under Section 8 assistance. This amount is $100,000,000 below
the fiscal year 2017 enacted level and the same as the budget
request.
Sec. 811 mainstream vouchers.--The Committee provides
$150,000,000 for Section 811 tenant-based subsidies. This level
is $30,000,000 above the fiscal year 2017 enacted level and
$42,926,000 above the budget request. These vouchers serve non-
elderly persons with disabilities and the Committee prioritizes
additional funding in support of this especially vulnerable
population. The Committee directs HUD to issue guidance to the
housing agencies administering these vouchers to continue to
serve people with disabilities upon turnover.
Public housing authority modernization.--The Committee
provides $10,000,000 for allocations to PHAs to modernize
information technology systems that manage program and funding
data. The Committee expects HUD to prioritize funding to
projects that automate business processes and thereby lower PHA
administrative costs.
PHA notification.--The Committee continues in bill language
the direction to the Department to communicate to each PHA,
within 60 days of enactment of this Act, the amount that will
be made available to each PHA for fiscal year 2018. The amount
provided in this account is the only source of federal funds
that may be used to renew tenant-based vouchers. The amounts
appropriated here may not be augmented from any other source.
Public housing assessment system.--The Committee directs
HUD to study and report back to the Committee on potential
changes to the public housing assessment system for PHAs that
operate 550 or fewer public housing units and housing choice
vouchers combined by taking into consideration physical
inspections and an annual financial assessment based on current
assets and liabilities. The Department shall deliver a report
to the House and Senate Committees on Appropriations of its
findings within 60 days of enactment of this Act. The Committee
remains interested in ways to reduce onerous regulations for
small public housing authorities.
Unit cost inflation and PHA administrative burdens.--Nearly
three-quarters of HUD's annual appropriations are devoted to
the cost of renewing rent subsidies, and, without changes, rent
subsidy inflation will consume more and more taxpayer resources
just to support the same number of households. In addition to
keeping pace with inflation, increased leasing and other
factors have increased the overall number of units subsidized
by annual appropriations by over 67,000 units (including
vouchers and permanent supportive housing) from 2012 to 2016.
The Committee supports efforts to reform HUD's subsidized
housing programs to address per unit costs so that supporting
subsidized units remains fiscally sustainable. The President's
Budget proposes a series of statutory reforms intended to
forward this goal. However, the vast majority of these
proposals require changes in authorizing law that are beyond
the Committee's jurisdiction. The recommendation encourages the
Secretary to work expeditiously toward identifying a
legislative reform package that is agreeable to both the
Administration and the relevant committees of jurisdiction.
In the meantime, the Committee directs the Secretary to
identify and execute administrative and regulatory actions
within HUD's existing authorities that will reduce
administrative burdens on PHAs and free these state and local
partners to devote more resources to serving residents rather
than bureaucratic requirements. The Committee believes that
several regulations and HUD policy requirements have been
expanded beyond what is statutorily required. This expansion
not only increases administrative cost per unit but in many
instances undermines PHA ability to deliver safe and affordable
housing stock to low-income families. Actions to be taken by
HUD shall include but not be limited to waivers of and changes
to regulatory provisions and policy guidelines related to (1)
PHA administrative, planning, and reporting requirements, (2)
audits including energy audits, (3) income verifications and
re-certifications, and (4) program assessments. It is critical
that these actions do not invalidate HUD's oversight
requirements but rather alleviate administrative burdens by
reforming policies and programs that have little to no
operational benefit for PHAs or are outside their realm of
responsibility and expertise. The following regulations are
just a few examples of policies that appear ripe for reform:
(1) PHA plan requirements, (2) environmental review
requirements, and (3) energy and utility data collection
requirements. Further, the magnitude of regulations issued by
HUD coupled with the growing cost of serving assisted families
puts small PHAs at a special disadvantage. In carrying out the
above direction to reduce administrative burdens, the Secretary
shall give special consideration to actions that will provide
relief to PHAs that serve 550 or fewer public housing units and
housing choice vouchers combined.
While reducing administrative burdens is imperative, the
Committee recognizes that HUD must strike a balance between
administrative relief and responsible oversight. Therefore,
when carrying out this directive, HUD shall safeguard its
oversight responsibilities adequate to protect resident health
and safety, taxpayer investment, and a safe and decent
affordable housing stock. HUD shall deliver a report to the
House and Senate Committees on Appropriations within 60 days of
enactment of this Act that identifies what administrative
relief actions it will carry out in fiscal year 2018, explains
why remaining oversight safeguards will be adequate, and
outlines the approximate timeline for HUD to execute all
identified actions.
Quality assurance of physical inspections.--The Committee
is troubled by reports of deplorable living conditions found in
some HUD-subsidized properties across the country. The scope of
this issue spans geographic regions, highlights systemic
problems, and calls into question the effectiveness of HUD
oversight, and the Real Estate Assessment Center's inspections
of HUD-assisted housing. The Committee encourages the
Department to work with Congress on enforcement actions,
including civil monetary penalties, that HUD can take to ensure
PHAs and landlords maintain the physical quality of HUD-
assisted units. Similarly, while the Committee is supportive of
efforts to quickly issue tenant-protection vouchers, the
issuance of these vouchers is a tacit acknowledgement that the
Department has failed to ensure units are maintained as decent,
safe and sanitary. Additionally, failure to maintain the
physical condition of HUD-assisted properties results in a loss
of critical affordable housing, and tenant protection vouchers
are of questionable value to families that encounter a lack of
affordable housing in their communities. The Committee directs
the Department to solicit comments from stakeholders, including
tenants, to identify ways the Department can improve its
inspection protocols and oversight. The Committee will continue
to closely monitor the Department's efforts and progress and
directs the Department to submit to the House and Senate
Committees on Appropriations within 60 days of enactment of
this Act a report which includes a plan for how HUD could
improve the inspection process and related protocols including
quality assurance of inspections, a list of actions yet to be
implemented, an update on the status of actions undertaken, and
a timeline for how long it would take to complete all actions.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The Housing Certificate Fund, until fiscal year 2005,
provided funding for both the project-based and tenant-based
components of the Section 8 program. Project-Based Rental
Assistance and Tenant-Based Rental Assistance are now
separately funded accounts. The Housing Certificate Fund
retains balances from previous years' appropriations.
COMMITTEE RECOMMENDATION
Language is included to allow unobligated balances from
specific accounts to renew or amend Project-Based Rental
Assistance contracts.
PUBLIC HOUSING CAPITAL FUND
Appropriation, fiscal year 2017....................... $1,941,500,000
Budget request, fiscal year 2018...................... 628,000,000
Recommended in the bill............................... 1,850,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -91,500,000
Budget request, fiscal year 2018.................. +1,222,000,000
The public housing capital fund provides funding for public
housing capital programs, including public housing development
and modernization. Examples of capital modernization projects
include replacing roofs and windows, improving common spaces,
upgrading electrical and plumbing systems, and renovating the
interior of an apartment.
COMMITTEE RECOMMENDATION
The Committee recommends $1,850,000,000 for the public
housing capital fund, which is $91,500,000 below the fiscal
year 2017 enacted level and $1,222,000,000 above the budget
request.
Within the amounts provided, the Committee directs that:
--No more than $8,300,000 is directed to support the
ongoing public housing financial and physical assessment
activities of the Real Estate Assessment Center;
--Up to $20,000,000 is made available for emergency capital
needs, excluding Presidentially-declared disasters. The
Committee includes language to ensure that funds are used only
for repairs needed due to an unforeseen and unanticipated
emergency event or natural disaster that occurs during fiscal
year 2018, or for certain security measures;
--$35,000,000 is for the resident opportunity and self-
sufficiency program; and
--$15,000,000 is provided for the Jobs-Plus program to
improve employment opportunities and earnings of public housing
residents.
Physical needs assessment prohibition.--The Committee has
included bill language prohibiting funds for HUD's Physical
Needs Assessment (PNA) requirement for PHAs. Implementation of
PNA requirements on PHAs unnecessarily increases administrative
burdens on PHAs and appears to have no operational benefit for
local housing programs.
Public housing mortgage program.--In fiscal year 2017,
Congress directed the Secretary to report to the House and
Senate Committees on Appropriations on the utilization of the
public housing mortgage program (PHMP), specifying existing
program impediments, the Department's plan to address those
impediments, and if the PHMP can be a useful tool to address
public housing capital needs no later than 90 days after
enactment.
For fiscal year 2018, the Committee further directs the
Secretary to create a research advisory committee which shall
advise the Secretary with respect to policy and regulatory
changes that would allow for increased use of the PHMP no later
than 60 days after enactment of this bill. The advisory
committee shall include program and research experts from the
agency, industry groups, PHAs, private and multifamily mortgage
lenders, and tenant advocacy groups. The research advisory
committee shall collaborate on evidence-based best practices to
ensure tenant protections while encouraging PHAs to leverage
private capital for the modernization of their portfolio
through the capital markets. The Secretary shall supply the
House and Senate Committees on Appropriations with quarterly
reports relating to the progress of the research advisory
committee and shall submit a report to the House and Senate
Committees on Appropriations no later than 180 days after
enactment.
PUBLIC HOUSING OPERATING FUND
Appropriation, fiscal year 2017....................... $4,400,000,000
Budget request, fiscal year 2018...................... 3,900,000,000
Recommended in the bill............................... 4,400,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +500,000,000
The public housing operating fund subsidizes the costs
associated with operating and maintaining public housing. This
subsidy supplements funding received by public housing
authorities from tenant rent contributions and other income. In
accordance with section 9 of the United States Housing Act of
1937, as amended, funds are allocated by formula to public
housing authorities for the following purposes: utility costs;
anti-crime and anti-drug activities, including the costs of
providing adequate security; routine maintenance cost;
administrative costs; and general operating expenses.
COMMITTEE RECOMMENDATION
The Committee recommends $4,400,000,000 for the federal
share of PHA operating expenses. This amount is the same as the
fiscal year 2017 enacted level and $500,000,000 above the
budget request.
Substance abuse and safety.--The Committee is aware of
concerns regarding criminal activity and substance abuse in
public housing. While access to public housing is critical for
all low-income residents, the Committee believes it is equally
important that a safe and nurturing environment be available
for children and families. The Committee directs the Secretary
of the Department of Housing and Urban Development, with
appropriate consultation and collaboration with PHAs, to review
current policies and regulations regarding substance abuse and
criminal activity. This review should include a determination
of whether policies are effective in promoting both access and
safety for families in public housing units. The Committee
encourages this review to propose any suggested adjustments and
changes to existing statutes or regulations in order to deter
criminal activity on public housing property. This report shall
be transmitted to the House and Senate Committees on
Appropriations within 180 days of enactment of this Act.
Alexander County Housing Authority.--The Committee takes
notice of the events unfolding in Alexander County, Illinois
and expects HUD to work with the community to find adequate
housing for public housing residents displaced due to alleged
financial mismanagement and fraud by previous PHA leadership
that resulted in unlivable conditions and financial insolvency
preceding HUD placing the PHA in receivership. Further, the
Committee expects HUD to work expeditiously to investigate and
resolve the root causes for the receivership and to return the
housing authority to local control as soon as local officials
can demonstrate the capacity to responsibly manage the
Alexander County Housing Authority's portfolio.
CHOICE NEIGHBORHOODS INITIATIVE
Appropriation, fiscal year 2017....................... $137,500,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -117,500,000
Budget request, fiscal year 2018.................. +20,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for the Choice
Neighborhoods Initiative Program, which is $117,500,000 below
the fiscal year 2017 enacted level and $20,000,000 above the
budget request. The Committee encourages the Department to give
prior year planning grant recipients priority consideration
when awarding implementation grants.
FAMILY SELF-SUFFICIENCY
Appropriation, fiscal year 2017....................... $75,000,000
Budget request, fiscal year 2018...................... 75,000,000
Recommended in the bill............................... 75,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. - - -
The Family Self-Sufficiency program funds coordinators to
help HUD-assisted residents achieve economic independence.
COMMITTEE RECOMMENDATION
The Committee provides $75,000,000 to support the Family
Self-Sufficiency program. This is the same as the fiscal year
2017 enacted level and the same as the budget request. The
Committee expects the Department to prioritize assistance to
individuals and families that results in job stability,
increased tenant incomes, and greater rent contributions.
NATIVE AMERICAN HOUSING BLOCK GRANTS
Appropriation, fiscal year 2017....................... $654,000,000
Budget request, fiscal year 2018...................... 600,000,000
Recommended in the bill............................... 654,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +54,000,000
The Native American Housing Block Grants program,
authorized by the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), provides
funds to American Indian tribes and their Tribally Designated
Housing Entities (TDHEs) to address affordable housing needs
within their communities.
COMMITTEE RECOMMENDATION
The Committee recommends $654,000,000 for Native American
Housing Block Grants, which is the same as the fiscal year 2017
enacted level and $54,000,000 above the budget request.
--$3,500,000 is for organizations representing Native
American housing interests to provide training and
technical assistance to Indian housing authorities and
TDHEs. Of this amount, no less than $2,000,000 is for a
national organization as authorized under NAHASDA.
--$2,000,000 is for Title VI loan guarantees up to
$17,391,304.
Bill language is included to reduce formula allocation
funding from any grantee that has an unexpended balance greater
than three times its formula allocation.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
Credit subsidy:
Appropriation, fiscal year 2017................... $7,227,000
Budget request, fiscal year 2018.................. - - -
Recommended in the bill........................... 7,227,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +7,227,000
Limitation on guaranteed loans:
Appropriation, fiscal year 2017................... 1,762,682,927
Budget request, fiscal year 2018.................. - - -
Recommended in the bill........................... 1,953,243,243
Bill compared with:
Appropriation, fiscal year 2017................... +190,560,316
Budget request, fiscal year 2018.................. +1,953,243,243
Section 184 of the Housing and Community Development Act of
1992 establishes a loan guarantee program for Native American
individuals and housing authorities to build new housing or
purchase existing housing on trust land. This program provides
access to private financing that otherwise might be unavailable
because of the unique legal status of Indian trust land.
COMMITTEE RECOMMENDATION
The Committee recommends $7,227,000 in new credit subsidy
for the Section 184 loan guarantee program, which is the same
as the fiscal year 2017 enacted level and $7,227,000 above the
budget request. This will guarantee a loan volume of
$1,953,243,243, which is $190,560,316 above the fiscal year
2017 enacted level and $1,953,243,243 above the budget request.
Community Planning and Development
Appropriation, fiscal year 2017....................... $6,803,000,000
Budget request, fiscal year 2018...................... 2,580,000,000
Recommended in the bill............................... 6,594,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -209,000,000
Budget request, fiscal year 2018.................. +4,014,000,000
The Office of Community Planning and Development (CPD) is
responsible for administering the Community Development Block
Grants (CDBG), the Home Investment Partnership (HOME), Housing
Opportunities for Persons with AIDS (HOPWA), Homeless
Assistance Grants (HAG), and other HUD community development
programs. Most of these programs pass Federal funds through to
state and local governments and other entities to address
housing and development needs.
COMMITTEE RECOMMENDATION
The Committee recommends $6,594,000,000 for Community
Planning and Development programs, which is $209,000,000 below
the fiscal year 2017 enacted and $4,014,000,000 above the
budget request.
Veterans' service organizations.--The Committee encourages
HUD to examine ways to work with existing, eligible veterans'
service organizations to improve their facilities. The
Department is encouraged to examine existing programs to
evaluate the feasibility of making grants available for
facility rehabilitation at eligible veterans' service
organizations. The Committee recognizes the important role
local veterans' service organizations play in community
development and support.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Appropriation, fiscal year 2017....................... $356,000,000
Budget request, fiscal year 2018...................... 330,000,000
Recommended in the bill............................... 356,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +$26,000,000
The Housing Opportunities for Persons with AIDS (HOPWA)
program provides states and localities with resources to
address the housing needs of low-income persons living with
HIV/AIDS. Funding is distributed by formula to qualifying
states and metropolitan areas based on the cumulative
incidences of AIDS reported to the Centers for Disease Control.
Government recipients are required to have a HUD-approved
Comprehensive Plan or Comprehensive Housing Affordability
Strategy.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $356,000,000 for the
HOPWA program, which is the same as the fiscal year 2017
enacted and $26,000,000 above the budget request. The Committee
recommendation includes formula grants and funding for the
renewal of certain expiring contracts that were previously
funded under HOPWA competitive grants.
COMMUNITY DEVELOPMENT FUND
Appropriation, fiscal year 2017....................... $3,060,000,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 2,960,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -100,000,000
Budget request, fiscal year 2018.................. +2,960,000,000
The Community Development Fund, authorized by the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.),
provides funding, primarily through Community Development Block
Grants, to state and local governments and other eligible
entities to carry out community and economic development
activities.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $2,960,000,000 for the
Community Development Fund account, which is $100,000,000 below
the fiscal year 2017 enacted level and $2,960,000,000 above the
budget request.
Of the amounts made available:
--$2,900,000,000 is for the Community Development Block
Grants (``CDBG'') formula program for entitlement communities
and states. This is $100,000,000 below the fiscal year 2017
enacted level and $2,900,000,000 above the budget request; and
--$60,000,000 is for the Native American Housing and
Economic Development Block Grant (also known as ``Indian
CDBG''), which is the same as fiscal year 2017 enacted level
and $60,000,000 above the budget request.
Of the amount provided for the CDBG formula programs
$7,000,000 is for insular areas, per 42 U.S.C. 5306(a)(2),
which is the same as fiscal year 2017 enacted level and the
budget request. The recommendation continues language requiring
the Department to notify grantees of their formula allocation
within 60 days of enactment of this Act.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation on
Budget Authority guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2017... - - - ($300,000,000)
Budget request, fiscal year 2018.. - - - - - -
Recommended in the bill........... - - - (300,000,000)
Bill compared with:
Appropriation, fiscal year - - - - - -
2017.........................
Budget request, fiscal year - - - (+300,000,000)
2018.........................
------------------------------------------------------------------------
The Section 108 Loan Guarantee program is a source of
variable an fixed-rate financing for communities undertaking
projects eligible under the Community Development and Block
Grant (CDBG) program.
COMMITTEE RECOMMENDATION
The Committee recommendation continues the Section 108 Loan
Guarantee program as a borrower-paid subsidy program, and
therefore recommends providing no budget authority. The
Committee provides a limit on guaranteed loan volume of
$300,000,000 which is the same as the fiscal year 2017 enacted
level. The budget request did not include a request for this
loan guarantee authority.
HOME INVESTMENT PARTNERSHIPS PROGRAM
Appropriation, fiscal year 2017....................... $950,000,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 850,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -100,000,000
Budget request, fiscal year 2018.................. +850,000,000
The HOME investment partnerships program provides block
grants to participating jurisdictions (states, units of local
government, Indian tribes, and insular areas) to undertake
activities that expand the supply of affordable housing in the
jurisdiction. HOME block grants are distributed based on
formula allocations. Upon receipt of these Federal funds, state
and local governments develop a housing affordability strategy
to acquire, rehabilitate, or construct new affordable housing,
or to provide rental assistance to eligible families.
COMMITTEE RECOMMENDATION
The Committee recommends $850,000,000 for activities funded
under this account, which is $100,000,000 below the fiscal year
2017 enacted and $850,000,000 above the budget request.
People with disabilities and the elderly.--The Committee
encourages the Department and grantees to utilize HOME funds to
modernize, rehabilitate, and develop housing for people with
disabilities and the elderly. The Committee notes that HOME
funding is a flexible funding source that can leverage other
capital to address the shortage of housing for the elderly and
the disabled.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
Appropriation, fiscal year 2017....................... $54,000,000
Budget request, fiscal year 2018...................... - - -
Recommended in the bill............................... 45,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -9,000,000
Budget request, fiscal year 2018.................. +45,000,000
Self-Help Homeownership Opportunity Program (SHOP) funds
are distributed through grants to nonprofit organizations and
consortia that have experience in providing or facilitating
self-help homeownership opportunities. Grant funds are used for
land acquisition and improvements associated with developing
new, decent dwellings for low-income persons, including those
living in colonias, using the self-help model.
Section 4 Capacity Building funds are set-aside within this
account for activities described under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note). Section 4
funds are awarded to a limited number of non-profits, which use
the funds to develop the capacity of community development
corporations (CDCs) and community housing development
organizations (CHDOs). The CDCs and CHDOs then undertake
community development and affordable housing activities.
Section 4 funds must be matched by recipients with at least
three times the grant amount in private funding.
COMMITTEE RECOMMENDATION
The Committee recommends $45,000,000 for this account which
includes $10,000,000 for SHOP: $30,000,000 for Section 4
capacity building, including no less than $5,000,000 for rural
capacity building: and $5,000,000 for capacity building grants
to national rural housing organizations that operate capacity
building activities in at least seven HUD regions.
The Committee urges that Section 4 funds be awarded
competitively to non-profits to aid community development
corporations and community housing development organizations.
Further, the Committee recognizes that the Section 4 capacity
building program strengthens the nation's lower-income urban
and rural communities through the expansion of affordable
housing units.
HOMELESS ASSISTANCE GRANTS
Appropriation, fiscal year 2017....................... $2,383,000,000
Budget request, fiscal year 2018...................... 2,250,000,000
Recommended in the bill............................... 2,383,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +133,000,000
The Homeless Assistance Grants account provides funding for
programs under title IV of the McKinney Act, as amended by the
Homeless Emergency Assistance and Rapid Transition to Housing
(HEARTH) Act of 2009. HEARTH Act programs include the Continuum
of Care (CoC) competitive grants, the Emergency Solutions
Grants (ESG) program, and the Rural Housing Stability Grants
program.
COMMITTEE RECOMMENDATION
The Committee recommends $2,383,000,000 for the homeless
assistance grants programs, which is the same as the fiscal
year 2017 enacted level and $133,000,000 above the budget
request. The recommendation includes funding to support
continuum of care project renewals of no less than
$2,106,000,000, at least $270,000,000 in formula emergency
solutions grants, and up to $7,000,000 is available for the
national homeless data analysis project.
Continuum of care renewals.--The funding level provided for
continuum of care renewals is $88,000,000 above the fiscal year
2017 enacted level, and $113,000,000 above the budget request.
Emergency solutions grants.--The funding level provided for
formula emergency solutions grants is the same as the fiscal
year 2017 enacted level and $20,000,000 above the budget
request.
Performance-driven funding awards.--The Committee believes
that holding projects accountable to their ability to
demonstrate effectiveness through performance data is essential
to getting the most out of limited federal resources. The
Committee is encouraged by HUD's commitment to this performance
driven decision-making, and urges HUD to continue advancing
these strategies to meet the goal of ending chronic
homelessness. The recommendation continues language which
mandates that the Secretary direct an increasing share of
funding on the basis of system performance.
Continuum of care funding reallocation.--The recommendation
includes language that directs the Secretary to prioritize
funding to grantees that, when appropriate, reallocate funding
from lower performing projects to higher performing projects.
Timeliness of contracts.--The Committee recognizes that
significant work on housing and homelessness is done by smaller
nonprofit organizations across the country. As an
acknowledgement of their contribution to HUD's goals to address
homelessness, the Committee encourages HUD to ensure these
organizations do not carry a heavy cash flow burden due to the
very slow flow of government contract dollars to these
entities. As such, the Committee encourages HUD to agree to
have all contracts signed and funds available to draw no more
than 45 days beyond the beginning of the normal contract
period.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2017....................... $10,816,000,000
Budget request, fiscal year 2018...................... 10,751,000,000
Recommended in the bill............................... 11,082,000,000
Bill compared with:
Appropriation, fiscal year 2017................... +266,000,000
Budget request, fiscal year 2018.................. +330,900,000
The project-based rental assistance account provides a
rental subsidy to a private landlord tied to a specific housing
unit so that the properties themselves, rather than the
individual living in the unit, remain subsidized. Amounts
provided in this account include funding for the renewal of
expiring project-based contracts, including Section 8, moderate
rehabilitation, and single-room occupancy contracts, amendments
to Section 8 project-based contracts, and administrative costs
for contract administration.
COMMITTEE RECOMMENDATION
The Committee provides a total of $11,082,000,000,
including $400,000,000 provided as advance appropriations, for
the annual renewal of project-based contracts. This funding
level is $266,000,000 above the fiscal year 2017 enacted level
and $330,900,000 above the budget request.
The recommendation funds renewals, amendments, and provides
12 months of funding for all contracts in the portfolio to
continue to provide safe and stable affordable housing to
approximately 1.2 million households each year. The funding
level does not assume any rental reforms proposed in the
request.
Performance-based contract administrators (PBCAs).--PBCAs
are public housing agencies, as defined by 42 USC 1437(a),
which include state and local public housing authorities and
their instrumentalities. They are responsible for conducting
on-site management reviews of assisted properties, adjusting
contract rents, and reviewing, processing, and paying monthly
vouchers, among other tasks. PBCAs have been integral to the
Department's efforts to reduce improper payments, protect
residents, and ensure properties are well maintained. In prior
years, the Committee directed the Department to solicit and
award PBCA contracts under full and open competition, without
geographic limitation, and in accordance with the Competition
in Contracting Act and the Federal Acquisition Regulation. The
Committee continues to reject any attempt to weaken the PBCAs'
comprehensive oversight of the properties administered under
their management, diminish the applicability of Federal law, or
limit out-of-state competition by reliance on letters from
state attorneys general, as seen in the 2012 NOFA process, or
otherwise.
HUD, however, has not been responsive to the Committee's
direction to conduct the solicitation and award of performance-
based contracts to PBCAs a) under full and open competition, b)
without regard to geographic limitations, c) in accordance with
the Competition and Contracts Act and Federal Acquisition
Regulation, and d) with comprehensive oversight--allowing a
single PBCA to be responsible for each of the tasks associated
with a particular property receiving project-based rental
assistance, including all tasks currently assigned to PBCA
contractors as well as any others which HUD may be authorized
to use. Until the Committee gets assurances that HUD will
respond appropriately, the Committee directs HUD to perform
these functions in-house and provides adequate funding under
the Management and Administration account.
HOUSING FOR THE ELDERLY
Appropriation, fiscal year 2017....................... $502,400,000
Budget request, fiscal year 2018...................... 510,000,000
Recommended in the bill............................... 573,000,000
Bill compared with:
Appropriation, fiscal year 2017................... +70,600,000
Budget request, fiscal year 2018.................. +63,000,000
The housing for the elderly (Section 202) program provides
eligible private, non-profit organizations with capital grants
to finance the acquisition, rehabilitation or construction of
housing intended for low income elderly people. In addition,
the program provides project-based rental assistance contracts
(PRAC) to support operational costs for units constructed under
the program.
COMMITTEE RECOMMENDATION
The Committee recommends $573,000,000, $70,600,000 above
the fiscal year 2017 enacted level and $63,000,000 above the
budget request. This amount will fully fund Section 202
contract renewals and amendments in fiscal year 2018. The
recommendation does not include rental reforms proposed in the
budget request.
The recommendation provides $483,000,000 for the renewal
and amendment of project rental assistance contracts (PRAC), up
to $90,000,000 for service coordinators and the continuation of
congregate services grants, and allows funds for property
inspections and related costs.
The Committee continues to include bill language relating
to the initial contract and renewal terms for assistance
provided under this heading and language allowing funds to be
used for inspections and analysis of data by HUD's real estate
assessment center (REAC) program office.
HOUSING FOR PERSONS WITH DISABILITIES
Appropriation, fiscal year 2017....................... $146,200,000
Budget request, fiscal year 2018...................... 121,300,000
Recommended in the bill............................... 147,000,000
Bill compared with:
Appropriation, fiscal year 2017................... +800,000
Budget request, fiscal year 2018.................. +25,700,000
The Housing for Persons with Disabilities (Section 811)
program provides eligible private, non-profit organizations
with capital grants to finance the acquisition, rehabilitation
or construction of supportive housing for disabled persons and
provides project-based rental assistance to support operational
costs for such units.
COMMITTEE RECOMMENDATION
The Committee recommends $147,000,000 for Section 811
activities, which is $800,000 above the fiscal year 2017
enacted level and $25,700,000 above the budget request. This
level will fully fund the project rental assistance and project
assistant contract renewals and amendments in fiscal year 2018,
and does not assume rental reforms proposed in the budget
request. The Committee continues to include bill language
allowing funds to be used for inspections and analysis of data
by HUD's REAC program office.
HOUSING COUNSELING ASSISTANCE
Appropriation, fiscal year 2017....................... $55,000,000
Budget request, fiscal year 2018...................... 47,000,000
Recommended in the bill............................... 50,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -5,000,000
Budget request, fiscal year 2018.................. +3,000,000
Section 106 of the Housing and Urban Development Act of
1968 authorized HUD to provide housing counseling services to
homebuyers, homeowners, low and moderate income renters, and
the homeless.
COMMITTEE RECOMMENDATION
The Committee recommends $50,000,000 for housing counseling
assistance, $5,000,000 below the fiscal year 2017 enacted level
and $3,000,000 above the budget request.
The Committee notes that the economy continues to improve
and foreclosures continue to decline. Foreclosure filings for
2016 were reported on 933,000 properties, which represents a
10-year low and a reduction of 14 percent from 2015. The
foreclosure rate has stayed within a historically normal range
for three years, even with the pipeline of legacy foreclosures
resulting from the housing bubble. The Committee continues its
commitment to counseling programs and provides funding above
the requested level for HUD's housing counseling assistance
program. Further the Committee continues to provide funding for
the Neighborhood Reinvestment Corporation's core program, which
offers housing counseling services.
The Committee retains bill language that provides two-year
funding availability to allow HUD flexibility to obligate
recaptures and unobligated balances to support counseling
activity rather than allowing the funds to expire. The bill
retains language that requires HUD to make grants within 180
days of enactment of this Act, and allows multi-year
agreements, subject to the availability of annual
appropriations.
The Committee encourages HUD to coordinate with FEMA's
flood insurance advocate to ensure HUD counselors located in
flood-prone states receive adequate training and information to
educate future homeowners on their potential flood risks,
associated flood insurance premiums, home mitigation measures
available proven to reduce flood risk, and any federal
assistance available for mitigation projects and activities.
RENTAL HOUSING ASSISTANCE
Appropriation, fiscal year 2017....................... $20,000,000
Budget request, fiscal year 2018...................... 14,000,000
Recommended in the bill............................... 14,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -6,000,000
Budget request, fiscal year 2018.................. - - -
The rental housing assistance account includes existing
long-term project-based rental assistance contracts covering
affordable housing units under the rent supplement and section
236 rental assistance payment (RAP) programs. Enacted in 1965
and 1974 respectively, these programs created affordable units
for low-income families. Monthly payments are made to project
owners from existing contract balances, and new budget
authority for short-term extensions of expiring contracts and
annual contract amendments. Contract amendments provide
additional subsidy to below-market contracts where rents have
been constrained and owners are unable to adequately service
properties and perform ongoing maintenance.
COMMITTEE RECOMMENDATION
The Committee recommends $14,000,000 in funding for the
rental housing assistance program, $6,000,000 below the fiscal
year 2017 enacted level and equal to the budget request. This
appropriation will fully fund contract amendment and extension
needs in fiscal year 2018. The Committee continues bill
language that allows HUD to use unobligated balances and
recaptured funds for extensions and amendments.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
Appropriation, fiscal year 2017....................... $10,500,000
Budget request, fiscal year 2018...................... 11,000,000
Recommended in the bill............................... 11,000,000
Bill compared with:
Appropriation, fiscal year 2017................... +500,000
Budget request, fiscal year 2018.................. - - -
The National Manufactured Housing Construction and Safety
Standards Act of 1974, as amended by the Manufactured Housing
Improvement Act of 2000, authorizes the Secretary to establish
Federal manufactured home construction and safety standards for
the construction, design, and performance of manufactured
homes. All manufactured homes are required to meet the Federal
standards, and fees are charged to producers to cover the costs
of administering the Act. HUD estimates that there are 8
million manufactured homes built since 1976 that are currently
in use.
COMMITTEE RECOMMENDATION
The Committee recommends up to $11,000,000 for the
manufactured housing standards programs to be derived from
certification label fees collected and deposited in the
manufactured housing fees trust fund, established pursuant to
the Manufactured Housing Improvement Act of 2000. The Committee
does not provide a direct appropriation for this account. The
recommendation is $500,000 above the fiscal year 2017 enacted
level and equal to the budget request. This increase reflects
the growth in production since 2011, which is projected to
continue.
The Committee includes language allowing the Department to
collect fees from program participants for the dispute
resolution and installation programs. These fees are to be
deposited into the trust fund and may be used by the Department
subject to the overall cap placed on the account.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
----------------------------------------------------------------------------------------------------------------
Limitation of Limitation of Administrative
direct loans guaranteed loans contract expenses
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2017..................... $5,000,000 $400,000,000,000 $130,000,000
Budget request, fiscal year 2018.................... 5,000,000 400,000,000,000 160,000,000
Recommended in the bill............................. 5,000,000 400,000,000,000 135,000,000
Bill compared to:
Appropriation, fiscal year 2017................. - - - - - - +5,000,000
Budget request, fiscal year 2018................ - - - - - - -25,000,000
----------------------------------------------------------------------------------------------------------------
The Federal Housing Administration's (FHA) mutual mortgage
insurance program account includes the Mutual Mortgage
Insurance (MMI) and cooperative management housing insurance
funds. This program account covers unsubsidized programs,
primarily the single-family home mortgage program, which is the
largest of all the FHA programs. These include the Condominium,
Section 203(k) rehabilitation, and Home Equity Conversion
Mortgage programs (HECM) and the multifamily Cooperative
Management Housing Insurance (CMHI) funds. The cooperative
housing insurance program provides mortgages for cooperative
housing projects of more than five units that are occupied by
members of a cooperative housing corporation.
COMMITTEE RECOMMENDATION
The Committee recommends the following limitations on loan
commitments in the MMI program account: $400,000,000,000 for
loan guarantees and $5,000,000 for direct loans. The
recommendation also includes $135,000,000 for administrative
contract expenses.
The Committee's recommendation for administrative contract
expenses is $5,000,000 above the fiscal year 2017 enacted level
and $25,000,000 below the budget request. The increase over the
prior year's level is for system automation, quality control
efforts, and risk management improvements. The Committee denies
authority to assess a new fee to augment administrative costs.
FHA loan limits.--The Committee directs HUD to review FHA
loan limits in large land area counties that experienced a
reduction of at least 25 percent to FHA loan limits in 2014
when the Housing Economic Recovery Act's loan limits replaced
those in the Economic Stimulus Act of 2008. The study should
analyze if a county's geographic size distorts the FHA loan
limit calculation and if home sales price data shows that FHA
loan limits are inadequate for distinct subareas.
Home equity conversion mortgage (HECM).--The Committee
continues bill language that lifts the statutory aggregate cap
of 275,000 HECM loan guarantees in fiscal year 2018.
Eminent domain.--The Committee continues bill language that
prohibits financing of properties obtained through eminent
domain. The Committee continues to be concerned about proposals
for local governments to seize underwater performing mortgages
and then refinance them into an FHA product. The Committee
required HUD to submit a report on April 1, 2014 detailing the
effects using eminent domain for these purposes will have on
the housing market, including FHA primary and refinance market,
as well as the broader mortgage market, interest rates,
homeownership, and affordability. The Committee continues to
await the delivery of this report, and continues to prohibit
HUD from financing mortgages for properties that have been
subject to eminent domain.
Property assessed clean energy (PACE) loans.--The Committee
includes bill language prohibiting funds from being used to
purchase, guarantee, or insure any mortgage on properties that
have a PACE loan in a first lien position--superior to the FHA
loan. PACE loans are issued by state or local governments for
energy efficiency improvements; are attached to the property,
as opposed to the borrower; and often secured by an assessment
or tax. Interest rates on these loans are significantly higher
than typical mortgage rates, lines of credits, and even some
credit cards.
Loans repaid by a tax or assessment enjoy a first lien
position and, therefore, have priority in receiving proceeds in
the event of a foreclosure. A PACE loan would be fully
satisfied before the FHA mortgage. FHA's subordinate position
increases the risk of loss to the MMI fund and by extension,
taxpayers. The Committee notes that the MMI fund was forced to
draw $1,700,000,000 from the U.S. Treasury just four years ago
to cover projected losses on loans it guarantees, and just
reached its statutory capital reserve level just two years ago.
In 2010, the Federal Housing Finance Agency (FHFA)
prohibited Fannie Mae and Freddie Mac from purchasing a
mortgage with an existing first lien PACE loan. In its role as
conservator to the GSEs, FHFA stated that ``one of the bedrock
principles in the process is that the mortgages supported must
remain in a first lien position.''
In 2015, HUD changed its policy and began allowing FHA to
insure properties that have a first lien PACE loan. One year
later, HUD stated PACE loans could not have super priority
status. For delinquent PACE obligations on foreclosed
properties, however, PACE has retained a first lien position.
The new Administration is concerned about this risky position
and is reviewing its policy related to PACE loans. Others are
concerned that borrowers are not fully informed and aware of
their legal and financial commitments. On April 5, the
``Protecting Americans from Credit Entanglements Act of 2017''
(PACE Act) was introduced in the Senate. This bill would
increase transparency for homebuyers by requiring a Truth in
Lending Act disclosure that details the loan terms and
conditions, consistent with other forms of home financing.
The Committee is concerned about HUD's decision to allow an
FHA mortgage to be in a second lien position to a PACE loan.
The Committee supports energy efficiency improvements, but not
at the expense of the MMI fund or general taxpayers. Further,
interest rates on FHA projects could increase to reflect this
increased risk, making the homebuying process less affordable
for the very population that FHA mortgage were created to
assist. Therefore, the Committee includes bill language that
prospectively prohibits FHA from purchasing, insuring, or
guaranteeing a property that has a PACE loan in a first lien
position. Finally, the Committee notes that the prohibition
does not eliminate the PACE program and consumers will continue
to be able to fund energy efficiency improvements via a PACE
loan or other financing mechanisms. This prohibition serves
only to protect the MMI fund and taxpayers.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation of Limitation of
direct loans guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2017. $5,000,000 $30,000,000,000
Budget request, fiscal year 2018 5,000,000 30,000,000,000
Recommended in the bill......... 5,000,000 30,000,000,000
Bill compared to:
Appropriation, fiscal year - - - - - -
2017...........................
Budget request, fiscal year - - - - - -
2018...........................
------------------------------------------------------------------------
The Federal Housing Administration's (FHA) general
insurance and special risk insurance (GI and SRI) program
account includes 17 different programs administered by FHA. The
GI fund includes a wide variety of insurance programs for
special-purpose single and multifamily loans, including loans
for property improvements, manufactured housing, multifamily
rental housing, condominiums, housing for the elderly,
hospitals, group practice facilities, and nursing homes. The
SRI fund includes insurance programs for mortgages in older,
declining urban areas that would not otherwise be eligible for
insurance, mortgages with interest reduction payments, and
mortgages for experimental housing and for high-risk mortgagors
who would not normally be eligible for mortgage insurance
without housing counseling.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on loan guarantees of
$30,000,000,000, equal to the fiscal year 2017 enacted level
and the budget request. It includes a limitation of $5,000,000
for direct loans, which is equal to the fiscal year 2017
enacted level and equal to the budget request. This program
provides short-term purchase money mortgages to allow non-
profit and governmental agencies to acquire single-family
properties and resell to low income purchasers. However, use
has declined recently due to the shortage of state/local
government subsidies needed to offset participants' development
costs associated with administering the program.
The Committee encourages HUD to coordinate with FEMA's
flood insurance advocate and identify rehabilitation activities
eligible under section 203(k) that also fulfill FEMA's hazard
mitigation standards and to identify qualifying disaster
mitigation rehabilitation options on its website and other
promotional materials.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation of Administrative
guaranteed loans contract expenses
------------------------------------------------------------------------
Appropriation, fiscal year 2017. $500,000,000,000 $23,000,000
Budget request, fiscal year 2018 500,000,000,000 25,400,000
Recommended in the bill......... 500,000,000,000 25,400,000
Bill compared to:
Appropriation, fiscal year - - - +2,400,000
2017...........................
Budget request, fiscal year - - - - - -
2018...........................
------------------------------------------------------------------------
The Guarantees of Mortgage-Backed Securities Program
facilitates the financing of residential mortgage loans insured
or guaranteed by the Federal Housing Administration, the
Department of Veterans Affairs, and the Rural Housing Services
program. The Government National Mortgage Association (GNMA)
guarantees the timely payment of principal and interest on
securities issued by private service institutions such as
mortgage companies, commercial banks, savings banks, and
savings and loan associations that assemble pools of mortgages
and issue securities backed by the pools. In turn, investment
proceeds are used to finance additional mortgage loans.
Investors include non-traditional sources of credit in the
housing market such as pension and retirement funds, life
insurance companies, and individuals.
COMMITTEE RECOMMENDATION
The recommendation includes a $500,000,000,000 limitation
on loan commitments for mortgage-backed securities, as
requested, and $25,400,000 for the personnel costs of GNMA, to
be funded by commitment and multiclass fees. The recommendation
for personnel costs is $2,400,000 above the fiscal year 2017
enacted level and equal to the budget request.
Policy Development and Research
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2017....................... $89,000,000
Budget request, fiscal year 2018...................... 85,000,000
Recommended in the bill............................... 85,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -4,000,000
Budget request, fiscal year 2018.................. - - -
Title V of the Housing and Urban Development Act of 1970,
as amended, directs the Secretary of the Department of Housing
and Urban Development to undertake programs of research,
evaluation, and reports relating to the Department's mission
and programs. These functions are carried out internally and
through grants and contracts with industry, nonprofit research
organizations, educational institutions, and through agreements
with state and local governments and other federal agencies.
The research programs seek ways to improve the efficiency,
effectiveness, and equity of HUD programs and to identify
methods to achieve cost reductions. This appropriation is used
to support HUD evaluation and monitoring activities and to
conduct housing surveys. Finally, funds under this heading are
used to support technical assistance activities to the various
states, communities, and agencies that are charged with
administering HUD's programs and funds.
COMMITTEE RECOMMENDATION
The Committee recommends $85,000,000 for this account,
which is $4,000,000 below the fiscal year 2017 enacted level
and equal to the budget request.
Of the activities proposed in the budget, the Committee
recommends up to $50,000,000 for the core research programs,
including market surveys, research support and dissemination,
data acquisition, housing finance studies, research
partnerships, and housing technology. The Committee recommends
$5,000,000 for new and continuing studies and demonstration
evaluations, with up to $2,000,000 for the Moving to Work
study, up to $1,500,000 to continue the Choice Neighborhoods
study, and funds for the Family Unification Program and Family
Self-Sufficiency evaluation and the Rental Assistance
Demonstration Choice Mobility evaluation.
Further, the Committee's recommendation includes
$30,000,000 for all technical assistance. Of the funds made
available under technical assistance, $5,000,000 shall be
available on a competitive basis to a non-profit or private
sector organizations to provide technical assistance to
distressed cities or regions.
Of the funds identified for technical assistance to
troubled PHA's, the Committee strongly urges the Department to
target truly troubled or at-risk PHAs requiring assistance to
conduct basic business and housing responsibilities versus
assisting with glitzy and bonus endeavors that reflect the
previous Administration's strategies, such as energy
performance contracts, but do little to fulfill basic needs.
The Committee directs HUD to publish the margin of error at
the place level for the low-and-moderate income (LMI) American
Community Survey data HUD used to determine CDBG eligibility
for each place that has a margin of error that is 20% or
greater. The Committee directs HUD to provide this data to the
House and Senate Committees on Appropriations within 90 days of
enactment of this Act. Further, the Committee directs HUD to
explore the use of administrative data sets to provide an
alternative measure of area income for the CDBG program when
standard data have large margins of error and to report its
progress to the House and Senate within 90 days of enactment of
this Act.
As in prior years, the bill includes a general provision in
Title II that prohibits funds from being used for a doctoral
dissertation research grant program. The bill includes a
general provision in Title II that allows the Department to use
prior year deobligated or unexpended funds made available to
the Office of Policy Development and Research for other
research and evaluations. The Committee provides this authority
under the condition that any new obligations are subject to the
regular reprogramming procedures outlined in Section 405.
The Committee looks forward to receiving studies required
in the fiscal year 2017 Act: the options for measuring AMI
using more localized methodologies; the feasibility of using
these alternative measurements; and HUD's plans to test the
identified alternatives, and best practices and recommendations
to address the displacement of lower-income families and long-
time residents in urban areas; and loss of affordable housing
across the nation, as required in the fiscal year 2017 Act.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
Appropriation, fiscal year 2017....................... $65,300,000
Budget request, fiscal year 2018...................... 65,300,000
Recommended in the bill............................... 65,300,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. - - -
The Office of Fair Housing and Equal Opportunity (OFHEO) is
responsible for developing policies and guidance, and for
providing technical support for enforcement of the Fair Housing
Act and the civil rights statutes. OFHEO serves as the central
point for the formulation, clearance and dissemination of
policies, intra-departmental clearances, and public information
related to fair housing issues. OFHEO receives, investigates,
conciliates and recommends the issuance of charges of
discrimination and determinations of non-compliance for
complaints filed under Title VIII and other civil rights
authorities. Additionally, OFHEO conducts civil rights
compliance reviews and compliance reviews under section 3.
COMMITTEE RECOMMENDATION
The Committee recommends $65,300,000 for fair housing
programs, equal to the fiscal year 2017 enacted level and the
request. Of the total, $24,300,000 is for the fair housing
assistance programs; and $39,200,000 for the fair housing
initiative programs, of which not less than $7,450,000 is for
education and outreach programs. A total of $300,000 is for the
limited English proficiency initiative and $1,500,000 is for
the National Fair Housing Training Academy (NFHTA). The
Committee directs the Department to investigate transitioning
training provided by NFHTA to computer and web-based training
courses, and directs HUD to provide the committee within 90
days of enactment of this Act, costs and revenues associated
with operating NHFTA, and costs and revenues associated with a
web-based training model. Further, the Committee directs HUD to
focus resources on education, outreach, and training
initiatives, and supporting local and state organizations that
conduct investigations and adjudicate claims.
Spend plan.--The Committee directs the Department to
provide a spend plan for all funds and activities in this
account concurrent with the fiscal year 2018 operating plan and
provide 3 days' notice prior to the announcement of any grant.
Affirmatively furthering fair housing (AFFH).--A number of
communities and local organizations have expressed concern that
the guidance provided by HUD regarding compliance with the new
AFFH rule is vague, and the communication with stakeholders
regarding requirements and compliance is lacking. In fiscal
year 2017, the Committee directed HUD to address these
concerns, and continue to refine the tools and resources
available to stakeholders to comply with the new rule. The
Committee directs HUD to submit a report 90 days after
enactment of this Act summarizing activity taken in fiscal year
2017 and plans for fiscal year 2018 to make compliance with
this rule more transparent.
The Committee continues to carry bill language prohibiting
HUD from directing a grant to make zoning changes as part of
carrying out the AFFH rule.
Disparate impact and insurance.--The Committee notes that
the McCarran-Ferguson Act of 1945 explicitly states that,
``unless a Federal law specifically relates to the business of
insurance, that law shall not apply where it would interfere
with State insurance regulation.''
The Fair Housing Act does not specifically relate to the
business of insurance. In fact, The United States District
Court, Northern Division of Illinois found that ``HUD's
response to the insurance industry's concerns [regarding the
Disparate Impact Rule] was arbitrary and capricious'' and
remanded a portion of the ``Implementation of the Fair Housing
Act's Discriminatory Effects Standard'' rule regarding
insurance back to HUD for further consideration and
explanation.
The Committee is concerned that HUD continues to assert
insurance regulatory authority that contradicts the McCarran-
Ferguson statutory mandate and the limitations on disparate
impact liability set forth by the US Supreme Court in Texas
Department of Housing and Community Affairs v The Inclusive
Communities Project, Inc., 135 S.Ct. 2507 (2015).
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
Appropriation, fiscal year 2017....................... $145,000,000
Budget request, fiscal year 2018...................... 130,000,000
Recommended in the bill............................... 130,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -15,000,000
Budget request, fiscal year 2018.................. - - -
The Office of Lead Hazard Control and Healthy Homes is
responsible for administering the lead-based paint hazard
reduction program authorized by Title X of the Housing and
Community Development Act of 1992. The office also addresses
multiple housing-related health hazards through the healthy
homes initiative, pursuant to the Secretary's authority in
sections 501 and 502 of the Housing and Urban Development Act
of 1970 (12 U.S.C. 1701z-1 and 1701z-2).
The office develops lead-based paint regulations,
guidelines, and policies applicable to HUD programs and
enforces the lead disclosure rule issued under Title X. For
both lead-related and healthy homes issues, the office designs
and administers programs for grants, training, research,
demonstration, and education.
COMMITTEE RECOMMENDATION
The Committee recommends $130,000,000 for the lead
programs, which is $15,000,000 below the fiscal year 2017
enacted level and equal to the budget request.
The Committee recommends no more than $25,000,000 for the
healthy homes initiative, and directs the Department to fund
activities aimed at reducing incidences of asthma, mold, pests
and radon.
The Committee directs the Department to provide a spend
plan for all funds and activities in this account concurrent
with the fiscal year 2018 operating plan and provide 3 days'
notice prior to the announcement of any grant.
Information Technology Fund
Appropriation, fiscal year 2017....................... $257,000,000
Budget request, fiscal year 2018...................... 250,000,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2017................... -107,000,000
Budget request, fiscal year 2018.................. -100,000,000
The Information Technology Fund finances the information
technology (IT) systems that support departmental programs and
operations, including FHA Mortgage Insurance, housing
assistance and grant programs, as well as core financial and
general operations.
COMMITTEE RECOMMENDATION
The Committee recommends $150,000,000 in direct
appropriations for the IT Fund to support Department-wide
information technology system activities, which is $107,000,000
less than the fiscal year 2017 enacted level and $100,000,000
below the budget request. The Department requires approximately
$250,000,000 simply to operate basic telecommunication services
and existing information technology contracts, and prior to
enactment, the Committee will work to identify sources of funds
to maintain and upgrade the Department's systems. The Committee
strongly urges HUD to continue refining the services and
contracts under the Department's Working Capital Fund so that
IT services can be funded by the users.
The Committee directs HUD to continue its efforts to retire
obsolete, unproductive, and expensive information technology
systems, and streamline and consolidate current services
contracts in an effort to direct resources for higher priority
and more effective systems.
The Committee directs the Government Accountability Office
(GAO) to evaluate the Department of Housing and Urban
Developments' information security framework for protecting
information related to housing, community investment, and
mortgage loans. Specifically, this review should identify (1)
what entities collect, store, and process such data and connect
with HUD systems and networks; (2) to what extent do
requirements for the protection of the data defined by HUD
align with federal guidance; and (3) how effective are the
processes and procedures that HUD has in place to oversee the
implementation of security and privacy protections for the
data.
Office of Inspector General
Appropriation, fiscal year 2017....................... $128,082,000
Budget request, fiscal year 2018...................... 126,000,000
Recommended in the bill............................... 128,082,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +2,082,000
The Office of Inspector General (IG) provides agency-wide
audit and investigative functions to identify and correct
management and administrative deficiencies that create
conditions for existing or potential instances of waste, fraud,
and mismanagement. The audit function provides internal audit,
contract audit, and inspection services. Contract audits
provide professional advice to agency contracting officials on
accounting and financial matters relative to negotiation,
award, administration, re-pricing, and settlement of contracts.
Internal audits evaluate all facets of agency operations.
Inspection services provide detailed technical evaluations of
agency operations. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $128,082,000 for the Office of
Inspector General, which is equal to the fiscal year 2017
enacted level and $2,082,000 greater than the budget request.
The Committee does not provide funds for any additional
personnel.
The Committee has found the reports and investigations
undertaken by the IG over the past few years to be interesting
and pertinent to the work of the Committee.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSION)
Section 201 splits overpayments evenly between Treasury and
State Housing Finance Agencies.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of 1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2019 be submitted in the
identical account and sub-account structure provided in this
Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility, and includes consideration for persons
with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 213 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 214 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 215 allows the Section 108 loan guarantee program
to guarantee notes or other obligations issued by any State on
behalf of non-entitlement communities in the State.
Section 216 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 217 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limit established in QHWRA.
Section 218 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 219 requires the Secretary to publish all notice of
funding availability that is competitively awarded on the
internet for fiscal year 2018.
Section 220 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations,
and requires the Department to submit a spend plan to the House
and Senate Committees on Appropriations.
Section 221 allows the Secretary to transfer up to 10
percent of funds or $4,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Office Salaries and Expenses'' to any other office
funded under such headings.
Section 222 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 223 places a salary and bonus limit on public
housing agency officials and employees.
Section 224 prohibits the use of funds for the doctoral
dissertation research grant program at HUD.
Section 225 extends the HOPE VI program to September 30,
2018.
Section 226 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 227 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 228 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 229 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants under section 106 of the Housing
and Community Development Act of 1974.
Section 230 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 231 prohibits funds to be used for financial awards
for employees subject to administrative discipline in fiscal
year 2018.
Section 232 allows program income as an eligible match for
2016, 2017, and 2018 Continuum of Care funds.
Section 233 permits HUD to provide one year transition
grants under the continuum of care program with no more than 50
percent of the grant provided for costs of eligible activities
of the program component originally funded.
Section 234 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
Section 235 extends the mark to market program to September
30, 2022.
Section 236 prohibits new guarantees or insurance on
properties with a PACE loan that is or has the potential to be
in a superior lien position compared to the mortgage guaranteed
or insured under the MMI fund.
Section 237 expands authorities under the Rental Assistance
Demonstration program.
TITLE III--RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2017....................... $8,190,000
Budget request, fiscal year 2018...................... 7,928,000
Recommended in the bill............................... 8,190,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +262,000
The Access Board was established by section 502 of the
Rehabilitation Act of 1973 with the primary mission of ensuring
accessibility for people with disabilities. The Access Board is
responsible for developing guidelines under the Americans with
Disabilities Act, the Architectural Barriers Act, and the
Telecommunications Act. The Access Board is responsible for
developing standards under section 508 of the Rehabilitation
Act for accessible electronic and information technology used
by federal agencies. The Access Board also enforces the
Architectural Barriers Act and provides training and technical
assistance on the guidelines and standards it develops.
The Access Board has been given responsibilities under the
Help America Vote Act to serve on the Election Assistance
Commission's Board of Advisors and Technical Guidelines
Development Committee. Additionally, the Board maintains a
small research program that develops technical assistance
materials and provides information needed for rulemaking.
COMMITTEE RECOMMENDATION
The Committee recommends $8,190,000 for the operations of
the Access Board, which is equal to the fiscal year 2017
enacted level and $262,000 greater than the budget request.
Federal Maritime Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2017....................... $27,490,000
Budget request, fiscal year 2018...................... 26,149,000
Recommended in the bill............................... 27,490,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +1,341,000
Established in 1961, the Federal Maritime Commission (FMC)
is an independent government agency, responsible for the
regulation of oceanborne transportation in the foreign commerce
of the United States. The Federal Maritime Commission monitors
ocean common carriers, marine terminal operators, conferences,
ports, and ocean transportation intermediaries to ensure they
maintain just and reasonable practices. Among other activities,
FMC also maintains a trade monitoring and enforcement program,
monitors the laws and practices of foreign governments and
their impacts on shipping conditions in the U.S., and enforces
special regulatory requirements as they apply to controlled
carriers.
The principal shipping statutes administered by the FMC are
the Shipping Act of 1984 (46 U.S.C. 40101-41309), the Foreign
Shipping Practices Act of 1988 (46 U.S.C. 42301-42307), Section
19 of the Merchant Marine Act, 1920 (46 U.S.C. 42101-42109),
Public Law 89-777 (46 U.S.C. 44101-44106).
COMMITTEE RECOMMENDATION
The Committee recommends $27,490,000 for the Federal
Maritime Commission. This amount is equal to the fiscal year
2017 enacted level, and $1,341,000 above the budget request. Of
the funds provided, not less than $552,024 is available for the
Office of Inspector General.
National Railroad Passenger Corporation (Amtrak)
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2017....................... $23,274,000
Budget request, fiscal year 2018...................... 23,274,000
Recommended in the bill............................... 23,274,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. - - -
The Amtrak Inspector General is an independent, objective
unit responsible for detecting and preventing fraud, waste,
abuse, and violations of law and for promoting economy,
efficiency and effectiveness at Amtrak.
COMMITTEE RECOMMENDATION
The Committee recommends $23,274,000 for Amtrak's Office of
Inspector General (Amtrak OIG), which is equal to the fiscal
year 2017 enacted level and the budget request. The recommended
level will allow Amtrak OIG to undertake audits, evaluations,
and investigations and will ensure the OIG's effective
oversight of Amtrak's programs and operations.
The OIG's efforts have resulted in valuable studies and
recommendations for this Committee and for the Corporation that
have yielded cost savings and management improvements. These
studies have been in a number of areas, including food and
beverage service, capital planning, overtime, and fraud. In
addition, Amtrak OIG has been instrumental in developing an
audit process to review invoices and identifying overpayments.
National Transportation Safety Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2017....................... $106,000,000
Budget request, fiscal year 2018...................... 105,170,000
Recommended in the bill............................... 106,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +830,000
Initially established along with the Department of
Transportation (DOT), the National Transportation Safety Board
(NTSB) commenced operations on April 1, 1967, as an independent
federal agency charged by Congress with investigating every
civil aviation accident in the United States, as well as
significant accidents in other modes of transportation--
railroad, highway, marine and pipeline--and issuing safety
recommendations aimed at preventing future accidents. Although
it has always operated independently, the NTSB relied on the
DOT for funding and administrative support until the
Independent Safety Board Act of 1974 (Public Law 93-633)
severed all ties between the two organizations effective April
of 1975.
In addition to its investigatory duties, the NTSB is
responsible for maintaining the government's database of civil
aviation accidents and conducting special studies of
transportation safety issues of national significance.
Furthermore, in accordance with the provisions of international
treaties, the NTSB supplies investigators to serve as U.S.
Accredited Representatives for aviation accidents overseas
involving U.S.-registered aircraft, or involving aircraft or
major components of U.S. manufacture. The NTSB also serves as
the court of appeals for any airman, mechanic or mariner
whenever certificate action is taken by the Administrator of
the Federal Aviation Administration (FAA) or the U.S. Coast
Guard Commandant, or when civil penalties are assessed by the
FAA. In addition, the NTSB operates the NTSB Academy in
Ashburn, Virginia.
COMMITTEE RECOMMENDATION
The Committee recommends $106,000,000 for the salaries and
expenses of the NTSB, which is equal to the fiscal year 2017
enacted level and $830,000 greater than the budget request.
NTSB Academy.--The agency is encouraged to continue to seek
additional opportunities to lease out, or otherwise generate
revenue from the NTSB Academy, so that the agency can
appropriately focus its resources on the important
investigative work that is central to the agency's mission. In
addition, the agency is again directed to submit detailed
information on the costs associated with the NTSB Academy, as
well as the revenue the facility is expected to generate, as
part of the fiscal year 2019 budget request.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
Appropriation, fiscal year 2017....................... $140,000,000
Budget request, fiscal year 2018...................... 27,400,000
Recommended in the bill............................... 140,000,000
Bill compared with:
Appropriation, fiscal year 2017................... - - -
Budget request, fiscal year 2018.................. +112,600,000
The Neighborhood Reinvestment Corporation (NRC) was created
by the Neighborhood Reinvestment Corporation Act (title VI of
the Housing and Community Development Amendments of 1978).
Neighborhood Reinvestment Corporation now operates under the
trade name `NeighborWorks America.' NeighborWorks America helps
local communities establish working partnerships between
residents and representatives of the public and private
sectors. These partnership-based organizations are independent,
tax-exempt, community-based nonprofit entities, often referred
to as NeighborWorks organizations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $140,000,000
for fiscal year 2018, which is equal to the fiscal year 2017
enacted level and $112,600,000 above the budget request.
Surface Transportation Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2017....................... $37,000,000
Budget request, fiscal year 2018...................... 37,100,000
Recommended in the bill............................... 37,100,000
Bill compared with:
Appropriation, fiscal year 2017................... +100,000
Budget request, fiscal year 2018.................. - - -
The Surface Transportation Board (STB) was created in the
Interstate Commerce Commission Termination Act of 1995 and is
the successor agency to the Interstate Commerce Commission. The
STB is an economic regulatory and adjudicatory body charged by
Congress with resolving railroad rate and service disputes and
reviewing proposed railroad mergers, as the regulation of other
surface transportation carriers, including intercity bus
industry and surface pipeline carriers, and household-good
carriers. The Surface Transportation Board Reauthorization Act
of 2015 (P.L. 114-110) established the Board as a wholly
independent agency and expanded the Board's membership from
three to five Board Members.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $37,100,000
for fiscal year 2018, which is $100,000 more than the fiscal
year 2017 enacted level and equal to the budget request. The
STB is estimated to collect $1,250,000 in fees, which will
offset the appropriation for a total program cost of
$35,850,000.
United States Interagency Council on Homelessness
OPERATING EXPENSES
Appropriation, fiscal year 2017....................... $3,600,000
Budget request, fiscal year 2018...................... 570,000
Recommended in the bill............................... 570,000
Bill compared with:
Appropriation, fiscal year 2017................... -3,030,000
Budget request, fiscal year 2018.................. - - -
The mission of the United States Interagency Council on
Homelessness (USICH) is to coordinate multi-agency Federal
response to homelessness.
COMMITTEE RECOMMENDATION
The Committee recommends $570,000 for the shut-down costs
of the United States Interagency Council on Homelessness. This
is $3,030,000 below the fiscal year 2017 enacted level and the
same as the budget request. The Committee encourages the
Administration to continue interagency outreach on homelessness
strategies within available resources.
TITLE IV--GENERAL PROVISIONS, THIS ACT
(INCLUDING RESCISSIONS)
Section 401 prohibits pay and other expenses for non-
Federal parties intervening in regulatory or adjudicatory
proceedings.
Section 402 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly so
provided herein.
Section 403 limits consulting service expenditures in
procurement contracts to those contained in the public record.
Section 404 prohibits employee training not directly
related to the performance of official duties.
Section 405 specifies requirements for reprogramming funds.
Section 406 provides that fifty percent of unobligated
balances for salaries and expenses may remain available for
certain purposes, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this Act.
Section 409 prohibits funds in this Act from being used to
permanently replace an employee intent on returning to his or
her past occupation after completion of military service.
Section 410 prohibits funds in this Act from being used
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being appropriated or made
available to any person or entity that has been convicted of
violating the Buy American Act.
Section 412 prohibits funds for first-class airline
accommodations in contravention of sections 301-10.122 and 301-
10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
funded in this Act may send to international conferences.
Section 415 caps the amount of fees the Surface
Transportation Board can charge and collect for rate or
practice complaints filed at the amount authorized for court
civil suit filing fees.
Section 416 rescinds all unobligated balances from various
salaries and expenses accounts.
Section 417 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 418 establishes a spending reduction account.
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following lists the rescissions
of unexpended balances included in the accompanying bill:
$800,000,000 of unobligated balances of
contract authority apportioned to the States under
chapter 1 of title 23, United States Code for
``Federal-aid Highways'';
Such sums that are available from
``Department of Housing and Urban Development--Housing
Certificate Fund'';
Section 201 rescinds 50% of funds that are
recaptured from projects described in section 1012(a)
of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988.
Section 416 rescinds all unobligated
balances, including recaptures and carryover, from
funds appropriated by Public Law 155-31 for
``Department of Transportation--Office of the
Secretary--Salaries and Expenses'', ``Department of
Transportation--Office of the Secretary--Office of
Civil Rights'', ``Department of Transportation--Office
of the Secretary--Small and Disadvantaged Business
Utilization and Outreach'', ``Department of
Transportation--Federal Transit Administration--
Administrative Expenses'', ``Department of
Transportation--Pipeline and Hazardous Materials Safety
Administration--Operational Expenses'', ``Surface
Transportation Board--Salaries and Expenses'', ``Access
Board--Salaries and Expenses'', ``Federal Maritime
Commission--Salaries and Expenses'', ``National
Railroad Passenger Corporation--Office of Inspector
General--Salaries and Expenses'', ``National
Transportation Safety Board--Salaries and Expenses'',
and ``United States Interagency Council on
Homelessness--Operating Expenses'', and from
``Department of Housing and Urban Development--
Management and Administration'', ``Department of
Housing and Urban Development--Program Office Salaries
and Expenses''.
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following lists the transfers of
unexpended balances included in the accompanying bill:
UNDER TITLE I--DEPARTMENT OF TRANSPORTATION
------------------------------------------------------------------------
Account to which
Account from which the transfer the transfer is Amount
is made made
------------------------------------------------------------------------
Office of the Secretary......... Office of the 10% of certain
Secretary. funds subject to
conditions
Various......................... Office of the Such sums as
Secretary, necessary
National Surface
Transportation
and Innovative
Finance Bureau.
Office of the Secretary, Various........... Such sums as
National Surface Transportation necessary
and Innovative Finance Bureau.
Federal Aviation Administration, Federal Aviation 5% of certain
Operations. Administration, funds subject to
Operations. conditions
FHWA: Limitation on Appalachian $3,248,000
administrative expenses. Regional
Commission.
Maritime Administration, Office of the $3,000,000
Maritime Guaranteed Loan (Title Secretary,
XI) Program Account. National Surface
Transportation
and Innovative
Finance Bureau.
------------------------------------------------------------------------
UNDER TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
------------------------------------------------------------------------
Account to which
Account from which the transfer the transfer is Amount
is made made
------------------------------------------------------------------------
Administrative Support Offices.. Information $10,000,000
Technology Fund. subject to
conditions
Executive Offices, Working Capital Such sums as
Administrative Support Offices, Fund. necessary
Program Office Salaries and
Expenses, Government National
Mortgage Association.
Public and Indian Housing, Public Housing $10,000,000
Tenant-Based Rental Assistance. Capital Fund. subject to
conditions
Administrative Support Offices.. Program Office $4,000,000 subject
Salaries and to conditions
Expenses.
Program Office Salaries and Administrative $4,000,000 subject
Expenses. Support Offices. to conditions
Housing for the Elderly......... Tenant Based Such sums as
Rental Assistance. necessary
Housing for the Elderly......... Project Based Such sums as
Rental Assistance. necessary
------------------------------------------------------------------------
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no changes
is proposed is shown in roman):
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976
* * * * * * *
TITLE V--RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
* * * * * * *
SEC. 503. ADMINISTRATION OF DIRECT LOANS AND LOAN GUARANTEES.
(a) Applications.--The Secretary shall prescribe the form and
contents required of applications for assistance under section
502, to enable the Secretary to determine the eligibility of
the applicant's proposal, and shall establish terms and
conditions for direct loans and loan guarantees made under that
section, including a program guide, a standard term sheet, and
specific timetables.
(b) Full Faith and Credit.--All guarantees entered into by
the Secretary under section 502 shall constitute general
obligations of the United States of America backed by the full
faith and credit of the United States of America.
(c) Assignment of Loan Guarantees.--The holder of a loan
guarantee made under section 502 may assign the loan guarantee
in whole or in part, subject to such requirements as the
Secretary may prescribe.
(d) Modifications.--The Secretary may approve the
modification of any term or condition of a direct loan, loan
guarantee, direct loan obligation, or loan guarantee
commitment, including the rate of interest, time of payment of
interest or principal, or security requirements, if the
Secretary finds in writing that--
(1) the modification is equitable and is in the
overall best interests of the United States;
(2) consent has been obtained from the applicant and,
in the case of a loan guarantee or loan guarantee
commitment, the holder of the obligation; and
(3) the modification cost has been covered under
section 502(f).
(e) Compliance.--The Secretary shall assure compliance, by an
applicant, any other party to the loan, and any railroad or
railroad partner for whose benefit assistance is intended, with
the provisions of this title, regulations issued hereunder, and
the terms and conditions of the direct loan or loan guarantee,
including through regular periodic inspections.
(f) Commercial Validity.--For purposes of claims by any party
other than the Secretary, a loan guarantee or loan guarantee
commitment shall be conclusive evidence that the underlying
obligation is in compliance with the provisions of this title,
and that such obligation has been approved and is legal as to
principal, interest, and other terms. Such a guarantee or
commitment shall be valid and incontestable in the hands of a
holder thereof, including the original lender or any other
holder, as of the date when the Secretary granted the
application therefor, except as to fraud or material
misrepresentation by such holder.
(g) Default.--The Secretary shall prescribe regulations
setting forth procedures in the event of default on a loan made
or guaranteed under section 502. The Secretary shall ensure
that each loan guarantee made under that section contains terms
and conditions that provide that--
(1) if a payment of principal or interest under the
loan is in default for more than 30 days, the Secretary
shall pay to the holder of the obligation, or the
holder's agent, the amount of unpaid guaranteed
interest;
(2) if the default has continued for more than 90
days, the Secretary shall pay to the holder of the
obligation, or the holder's agent, 90 percent of the
unpaid guaranteed principal;
(3) after final resolution of the default, through
liquidation or otherwise, the Secretary shall pay to
the holder of the obligation, or the holder's agent,
any remaining amounts guaranteed but which were not
recovered through the default's resolution;
(4) the Secretary shall not be required to make any
payment under paragraphs (1) through (3) if the
Secretary finds, before the expiration of the periods
described in such paragraphs, that the default has been
remedied; and
(5) the holder of the obligation shall not receive
payment or be entitled to retain payment in a total
amount which, together with all other recoveries
(including any recovery based upon a security interest
in equipment or facilities) exceeds the actual loss of
such holder.
(h) Rights of the Secretary.--
(1) Subrogation.--If the Secretary makes payment to a
holder, or a holder's agent, under subsection (g) in
connection with a loan guarantee made under section
502, the Secretary shall be subrogated to all of the
rights of the holder with respect to the obligor under
the loan.
(2) Disposition of property.--The Secretary may
complete, recondition, reconstruct, renovate, repair,
maintain, operate, charter, rent, sell, or otherwise
dispose of any property or other interests obtained
pursuant to this section. The Secretary shall not be
subject to any Federal or State regulatory requirements
when carrying out this paragraph.
(i) Action Against Obligor.--The Secretary may bring a civil
action in an appropriate Federal court in the name of the
United States in the event of a default on a direct loan made
under section 502, or in the name of the United States or of
the holder of the obligation in the event of a default on a
loan guaranteed under section 502. The holder of a guarantee
shall make available to the Secretary all records and evidence
necessary to prosecute the civil action. The Secretary may
accept property in full or partial satisfaction of any sums
owed as a result of a default. If the Secretary receives,
through the sale or other disposition of such property, an
amount greater than the aggregate of--
(1) the amount paid to the holder of a guarantee
under subsection (g) of this section; and
(2) any other cost to the United States of remedying
the default,
the Secretary shall pay such excess to the obligor.
(j) Breach of Conditions.--The Attorney General shall
commence a civil action in an appropriate Federal court to
enjoin any activity which the Secretary finds is in violation
of this title, regulations issued hereunder, or any conditions
which were duly agreed to, and to secure any other appropriate
relief.
(k) Attachment.--No attachment or execution may be issued
against the Secretary, or any property in the control of the
Secretary, prior to the entry of final judgment to such effect
in any State, Federal, or other court.
(l) Charges and Loan Servicing.--
(1) Purposes.--The Secretary may collect from each
applicant, obligor, or loan party a reasonable charge
for--
(A) the cost of evaluating the application,
amendments, modifications, and waivers,
including for evaluating project viability,
applicant creditworthiness, and the appraisal
of the value of the equipment or facilities for
which the direct loan or loan guarantee is
sought, and for making necessary determinations
and findings;
(B) the cost of award management and project
management oversight;
(C) the cost of services from expert firms,
including counsel, and independent financial
advisors to assist in the underwriting,
auditing, servicing, and exercise of rights
with respect to direct loans and loan
guarantees; and
(D) the cost of all other expenses incurred
as a result of a breach of any term or
condition or any event of default on a direct
loan or loan guarantee.
(2) Standards.--The Secretary may charge different
amounts under this subsection based on the different
costs incurred under paragraph (1).
(3) Servicer.--
(A) In general.--The Secretary may appoint a
financial entity to assist the Secretary in
servicing a direct loan or loan guarantee under
this title.
(B) Duties.--A servicer appointed under
subparagraph (A) shall act as the agent of the
Secretary in serving a direct loan or loan
guarantee under this title.
(C) Fees.--A servicer appointed under
subparagraph (A) shall receive a servicing fee
from the obligor or other loan party, subject
to approval by the Secretary.
(4) [Safety and operations account] National Surface
Transportation and Innovative Finance Bureau Account,
Office of the Secretary.--Amounts collected under this
subsection shall--
(A) be credited directly to the Safety and
Operations account of the Federal Railroad
Administration; and
(B) remain available until expended to pay
for the costs described in this subsection.
(m) Fees and Charges.--Except as provided in this title, the
Secretary may not assess any fees, including user fees, or
charges in connection with a direct loan or loan guarantee
provided under section 502.
* * * * * * *
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TITLE 23, UNITED STATES CODE
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
* * * * * * *
Sec. 127. Vehicle weight limitations - Interstate System
(a) In General.--
(1) The Secretary shall withhold 50 percent of the
apportionment of a State under section 104(b)(1) in any
fiscal year in which the State does not permit the use
of The Dwight D. Eisenhower System of Interstate and
Defense Highways within its boundaries by vehicles with
a weight of twenty thousand pounds carried on any one
axle, including enforcement tolerances, or with a
tandem axle weight of thirty-four thousand pounds,
including enforcement tolerances, or a gross weight of
at least eighty thousand pounds for vehicle
combinations of five axles or more.
(2) However, the maximum gross weight to be allowed
by any State for vehicles using The Dwight D.
Eisenhower System of Interstate and Defense Highways
shall be twenty thousand pounds carried on one axle,
including enforcement tolerances, and a tandem axle
weight of thirty-four thousand pounds, including
enforcement tolerances and with an overall maximum
gross weight, including enforcement tolerances, on a
group of two or more consecutive axles produced by
application of the following formula: W=500(LN/(N-
1)+12N+36)
where W equals overall gross weight on any group of two
or more consecutive axles to the nearest five hundred
pounds, L equals distance in feet between the extreme
of any group of two or more consecutive axles, and N
equals number of axles in group under consideration,
except that two consecutive sets of tandem axles may
carry a gross load of thirty-four thousand pounds each
providing the overall distance between the first and
last axles of such consecutive sets of tandem axles (1)
is thirty-six feet or more, or (2) in the case of a
motor vehicle hauling any tank trailer, dump trailer,
or ocean transport container before September 1, 1989,
is 30 feet or more: Provided, That such overall gross
weight may not exceed eighty thousand pounds, including
all enforcement tolerances, except for vehicles using
Interstate Route 29 between Sioux City, Iowa, and the
border between Iowa and South Dakota or vehicles using
Interstate Route 129 between Sioux City, Iowa, and the
border between Iowa and Nebraska, and except for those
vehicles and loads which cannot be easily dismantled or
divided and which have been issued special permits in
accordance with applicable State laws, or the
corresponding maximum weights permitted for vehicles
using the public highways of such State under laws or
regulations established by appropriate State authority
in effect on July 1, 1956, except in the case of the
overall gross weight of any group of two or more
consecutive axles on any vehicle (other than a vehicle
comprised of a motor vehicle hauling any tank trailer,
dump trailer, or ocean transport container on or after
September 1, 1989), on the date of enactment of the
Federal-Aid Highway Amendments of 1974, whichever is
the greater.
(3) Any amount which is withheld from apportionment
to any State pursuant to the foregoing provisions shall
lapse if not released and obligated within the
availability period specified in section 118(b).
(4) This section shall not be construed to deny
apportionment to any State allowing the operation
within such State of any vehicles or combinations
thereof, other than vehicles or combinations subject to
subsection (d) of this section, which the State
determines could be lawfully operated within such State
on July 1, 1956, except in the case of the overall
gross weight of any group of two or more consecutive
axles, on the date of enactment of the Federal-Aid
Highway Amendments of 1974.
(5) With respect to the State of Hawaii, laws or
regulations in effect on February 1, 1960, shall be
applicable for the purposes of this section in lieu of
those in effect on July 1, 1956.
(6) With respect to the State of Colorado, vehicles
designed to carry 2 or more precast concrete panels
shall be considered a nondivisible load.
(7) With respect to the State of Michigan, laws or
regulations in effect on May 1, 1982, shall be
applicable for the purposes of this subsection.
(8) With respect to the State of Maryland, laws and
regulations in effect on June 1, 1993, shall be
applicable for the purposes of this subsection.
(9) The State of Louisiana may allow, by special
permit, the operation of vehicles with a gross vehicle
weight of up to 100,000 pounds for the hauling of
sugarcane during the harvest season, not to exceed 100
days annually.
(10) With respect to Interstate Routes 89, 93, and 95
in the State of New Hampshire, State laws (including
regulations) concerning vehicle weight limitations that
were in effect on January 1, 1987, and are applicable
to State highways other than the Interstate System,
shall be applicable in lieu of the requirements of this
subsection.
(11)(A) With respect to all portions of the
Interstate Highway System in the State of Maine, laws
(including regulations) of that State concerning
vehicle weight limitations applicable to other State
highways shall be applicable in lieu of the
requirements under this subsection.
(B) With respect to all portions of the Interstate
Highway System in the State of Vermont, laws (including
regulations) of that State concerning vehicle weight
limitations applicable to other State highways shall be
applicable in lieu of the requirements under this
subsection.
(12) Heavy duty vehicles.--
(A) In general.--Subject to subparagraphs (B)
and (C), in order to promote reduction of fuel
use and emissions because of engine idling, the
maximum gross vehicle weight limit and the axle
weight limit for any heavy-duty vehicle
equipped with an idle reduction technology
shall be increased by a quantity necessary to
compensate for the additional weight of the
idle reduction system.
(B) Maximum weight increase.--The weight
increase under subparagraph (A) shall be not
greater than 550 pounds.
(C) Proof.--On request by a regulatory agency
or law enforcement agency, the vehicle operator
shall provide proof (through demonstration or
certification) that--
(i) the idle reduction technology is
fully functional at all times; and
(ii) the 550-pound gross weight
increase is not used for any purpose
other than the use of idle reduction
technology described in subparagraph
(A).
(13) Milk products.--A vehicle carrying fluid milk
products shall be considered a load that cannot be
easily dismantled or divided.
(b) Reasonable Access.--No State may enact or enforce any law
denying reasonable access to motor vehicles subject to this
title to and from the Interstate Highway System to terminals
and facilities for food, fuel, repairs, and rest.
(c) Ocean Transport Container Defined.--For purposes of this
section, the term ``ocean transport container'' has the meaning
given the term ``freight container'' by the International
Standards Organization in Series 1, Freight Containers, 3rd
Edition (reference number IS0668-1979(E)) as in effect on the
date of the enactment of this subsection.
(d) Longer Combination Vehicles.--
(1) Prohibition.--
(A) General continuation rule.--A longer
combination vehicle may continue to operate
only if the longer combination vehicle
configuration type was authorized by State
officials pursuant to State statute or
regulation conforming to this section and in
actual lawful operation on a regular or
periodic basis (including seasonal operations)
on or before June 1, 1991, or pursuant to
section 335 of the Department of Transportation
and Related Agencies Appropriations Act, 1991
(104 Stat. 2186).
(B) Applicability of state laws and
regulations.--All such operations shall
continue to be subject to, at the minimum, all
State statutes, regulations, limitations and
conditions, including, but not limited to,
routing-specific and configuration-specific
designations and all other restrictions, in
force on June 1, 1991; except that subject to
such regulations as may be issued by the
Secretary pursuant to paragraph (5) of this
subsection, the State may make minor
adjustments of a temporary and emergency nature
to route designations and vehicle operating
restrictions in effect on June 1, 1991, for
specific safety purposes and road construction.
(C) Wyoming.--In addition to those vehicles
allowed under subparagraph (A), the State of
Wyoming may allow the operation of additional
vehicle configurations not in actual operation
on June 1, 1991, but authorized by State law
not later than November 3, 1992, if such
vehicle configurations comply with the single
axle, tandem axle, and bridge formula limits
set forth in subsection (a) and do not exceed
117,000 pounds gross vehicle weight.
(D) Ohio.--In addition to vehicles which the
State of Ohio may continue to allow to be
operated under subparagraph (A), such State may
allow longer combination vehicles with 3 cargo
carrying units of 28 1/2 feet each (not
including the truck tractor) not in actual
operation on June 1, 1991, to be operated
within its boundaries on the 1-mile segment of
Ohio State Route 7 which begins at and is south
of exit 16 of the Ohio Turnpike.
(E) Alaska.--In addition to vehicles which
the State of Alaska may continue to allow to be
operated under subparagraph (A), such State may
allow the operation of longer combination
vehicles which were not in actual operation on
June 1, 1991, but which were in actual
operation prior to July 5, 1991.
(F) Iowa.--In addition to vehicles that the
State of Iowa may continue to allow to be
operated under subparagraph (A), the State may
allow longer combination vehicles that were not
in actual operation on June 1, 1991, to be
operated on Interstate Route 29 between Sioux
City, Iowa, and the border between Iowa and
South Dakota or Interstate Route 129 between
Sioux City, Iowa, and the border between Iowa
and Nebraska.
(2) Additional state restrictions.--
(A) In general.--Nothing in this subsection
shall prevent any State from further
restricting in any manner or prohibiting the
operation of longer combination vehicles
otherwise authorized under this subsection;
except that such restrictions or prohibitions
shall be consistent with the requirements of
sections 31111-31114 of title 49.
(B) Minor adjustments.--Any State further
restricting or prohibiting the operations of
longer combination vehicles or making minor
adjustments of a temporary and emergency nature
as may be allowed pursuant to regulations
issued by the Secretary pursuant to paragraph
(5) of this subsection, shall, within 30 days,
advise the Secretary of such action, and the
Secretary shall publish a notice of such action
in the Federal Register.
(3) Publication of list.--
(A) Submission to secretary.--Within 60 days
of the date of the enactment of this
subsection, each State (i) shall submit to the
Secretary for publication in the Federal
Register a complete list of (I) all operations
of longer combination vehicles being conducted
as of June 1, 1991, pursuant to State statutes
and regulations; (II) all limitations and
conditions, including, but not limited to,
routing-specific and configuration-specific
designations and all other restrictions,
governing the operation of longer combination
vehicles otherwise prohibited under this
subsection; and (III) such statutes,
regulations, limitations, and conditions; and
(ii) shall submit to the Secretary copies of
such statutes, regulations, limitations, and
conditions.
(B) Interim list.--Not later than 90 days
after the date of the enactment of this
subsection, the Secretary shall publish an
interim list in the Federal Register,
consisting of all information submitted
pursuant to subparagraph (A). The Secretary
shall review for accuracy all information
submitted by the States pursuant to
subparagraph (A) and shall solicit and consider
public comment on the accuracy of all such
information.
(C) Limitation.--No statute or regulation
shall be included on the list submitted by a
State or published by the Secretary merely on
the grounds that it authorized, or could have
authorized, by permit or otherwise, the
operation of longer combination vehicles, not
in actual operation on a regular or periodic
basis on or before June 1, 1991.
(D) Final list.--Except as modified pursuant
to paragraph (1)(C) of this subsection, the
list shall be published as final in the Federal
Register not later than 180 days after the date
of the enactment of this subsection. In
publishing the final list, the Secretary shall
make any revisions necessary to correct
inaccuracies identified under subparagraph (B).
After publication of the final list, longer
combination vehicles may not operate on the
Interstate System except as provided in the
list.
(E) Review and correction procedure.--The
Secretary, on his or her own motion or upon a
request by any person (including a State),
shall review the list issued by the Secretary
pursuant to subparagraph (D). If the Secretary
determines there is cause to believe that a
mistake was made in the accuracy of the final
list, the Secretary shall commence a proceeding
to determine whether the list published
pursuant to subparagraph (D) should be
corrected. If the Secretary determines that
there is a mistake in the accuracy of the list
the Secretary shall correct the publication
under subparagraph (D) to reflect the
determination of the Secretary.
(4) Longer combination vehicle defined.--For purposes
of this section, the term ``longer combination
vehicle'' means any combination of a truck tractor and
2 or more trailers or semitrailers which operates on
the Interstate System at a gross vehicle weight greater
than 80,000 pounds.
(5) Regulations regarding minor adjustments.--Not
later than 180 days after the date of the enactment of
this subsection, the Secretary shall issue regulations
establishing criteria for the States to follow in
making minor adjustments under paragraph (1)(B).
(e) Operation of Certain Specialized Hauling Vehicles on
Interstate Route 68.--The single axle, tandem axle, and bridge
formula limits set forth in subsection (a) shall not apply to
the operation on Interstate Route 68 in Garrett and Allegany
Counties, Maryland, of any specialized vehicle equipped with a
steering axle and a tridem axle and used for hauling coal,
logs, and pulpwood if such vehicle is of a type of vehicle as
was operating in such counties on United States Route 40 or 48
for such purpose on August 1, 1991.
(f) Operation of Certain Specialized Hauling Vehicles on
Certain Wisconsin Highways.--If the 104-mile portion of
Wisconsin State Route 78 and United States Route 51 between
Interstate Route 94 near Portage, Wisconsin, and Wisconsin
State Route 29 south of Wausau, Wisconsin, is designated as
part of the Interstate System under section 103(c)(4)(A), the
single axle weight, tandem axle weight, gross vehicle weight,
and bridge formula limits set forth in subsection (a) shall not
apply to the 104-mile portion with respect to the operation of
any vehicle that could legally operate on the 104-mile portion
before the date of the enactment of this subsection.
(g) Operation of Certain Specialized Hauling Vehicles on
Certain Pennsylvania Highways.--If the segment of United States
Route 220 between Bedford and Bald Eagle, Pennsylvania, is
designated as part of the Interstate System, the single axle
weight, tandem axle weight, gross vehicle weight, and bridge
formula limits set forth in subsection (a) shall not apply to
that segment with respect to the operation of any vehicle which
could have legally operated on that segment before the date of
the enactment of this subsection.
(h) Waiver for a Route in State of Maine During Periods of
National Emergency.--
(1) In general.--Notwithstanding any other provision
of this section, the Secretary, in consultation with
the Secretary of Defense, may waive or limit the
application of any vehicle weight limit established
under this section with respect to the portion of
Interstate Route 95 in the State of Maine between
Augusta and Bangor for the purpose of making bulk
shipments of jet fuel to the Air National Guard Base at
Bangor International Airport during a period of
national emergency in order to respond to the effects
of the national emergency.
(2) Applicability.--Emergency limits established
under paragraph (1) shall preempt any inconsistent
State vehicle weight limits.
(i) Special Permits During Periods of National Emergency.--
(1) In general.--Notwithstanding any other provision
of this section, a State may issue special permits
during an emergency to overweight vehicles and loads
that can easily be dismantled or divided if--
(A) the President has declared the emergency
to be a major disaster under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(B) the permits are issued in accordance with
State law; and
(C) the permits are issued exclusively to
vehicles and loads that are delivering relief
supplies.
(2) Expiration.--A permit issued under paragraph (1)
shall expire not later than 120 days after the date of
the declaration of emergency under subparagraph (A) of
that paragraph.
(j) Operation of Vehicles on Certain Other Wisconsin
Highways.--If any segment of the United States Route 41
corridor, as described in section 1105(c)(57) of the Intermodal
Surface Transportation Efficiency Act of 1991, is designated as
a route on the Interstate System, a vehicle that could operate
legally on that segment before the date of such designation may
continue to operate on that segment, without regard to any
requirement under subsection (a).
(k) Operation of Vehicles on Certain Mississippi Highways.--
If any segment of United States Route 78 in Mississippi from
mile marker 0 to mile marker 113 is designated as part of the
Interstate System, no limit established under this section may
apply to that segment with respect to the operation of any
vehicle that could have legally operated on that segment before
such designation.
(l) Operation of Vehicles on Certain Kentucky Highways.--
(1) In general.--If any segment of highway described
in paragraph (2) is designated as a route on the
Interstate System, a vehicle that could operate legally
on that segment before the date of such designation may
continue to operate on that segment, without regard to
any requirement under subsection (a).
(2) Description of highway segments.--The highway
segments referred to in paragraph (1) are as follows:
(A) Interstate Route 69 in Kentucky (formerly
the Wendell H. Ford (Western Kentucky) Parkway)
from the Interstate Route 24 Interchange, near
Eddyville, to the Edward T. Breathitt
(Pennyrile) Parkway Interchange.
(B) The Edward T. Breathitt (Pennyrile)
Parkway (to be designated as Interstate Route
69) in Kentucky from the Wendell H. Ford
(Western Kentucky) Parkway Interchange to near
milepost 77, and on new alignment to an
interchange on the Audubon Parkway, if the
segment is designated as part of the Interstate
System.
(m) Covered Heavy-duty Tow and Recovery Vehicles.--
(1) In general.--The vehicle weight limitations set
forth in this section do not apply to a covered heavy-
duty tow and recovery vehicle.
(2) Covered heavy-duty tow and recovery vehicle
defined.--In this subsection, the term ``covered heavy-
duty tow and recovery vehicle'' means a vehicle that--
(A) is transporting a disabled vehicle from
the place where the vehicle became disabled to
the nearest appropriate repair facility; and
(B) has a gross vehicle weight that is equal
to or exceeds the gross vehicle weight of the
disabled vehicle being transported.
(n) Operation of Vehicles on Certain Highways in the State of
Texas.--If any segment in the State of Texas of United States
Route 59, United States Route 77, United States Route 281,
United States Route 84, Texas State Highway 44, or another
roadway is designated as Interstate Route 69, a vehicle that
could operate legally on that segment before the date of the
designation may continue to operate on that segment, without
regard to any requirement under this section.
(o) Certain Logging Vehicles in the State of Wisconsin.--
(1) In general.--The Secretary shall waive, with
respect to a covered logging vehicle, the application
of any vehicle weight limit established under this
section.
(2) Covered logging vehicle defined.--In this
subsection, the term ``covered logging vehicle'' means
a vehicle that--
(A) is transporting raw or unfinished forest
products, including logs, pulpwood, biomass, or
wood chips;
(B) has a gross vehicle weight of not more
than 98,000 pounds;
(C) has not less than 6 axles; and
(D) is operating on a segment of Interstate
Route 39 in the State of Wisconsin from mile
marker 175.8 to mile marker 189.
(p) Operation of Certain Specialized Vehicles on Certain
Highways in the State of Arkansas.--If any segment of United
States Route 63 between the exits for highways 14 and 75 in the
State of Arkansas is designated as part of the Interstate
System, the single axle weight, tandem axle weight, gross
vehicle weight, and bridge formula limits under subsection (a)
and the width limitation under section 31113(a) of title 49
shall not apply to that segment with respect to the operation
of any vehicle that could operate legally on that segment
before the date of the designation.
(q) Certain Logging Vehicles in the State of Minnesota.--
(1) In general.--The Secretary shall waive, with
respect to a covered logging vehicle, the application
of any vehicle weight limit established under this
section.
(2) Covered logging vehicle defined.--In this
subsection, the term ``covered logging vehicle'' means
a vehicle that--
(A) is transporting raw or unfinished forest
products, including logs, pulpwood, biomass, or
wood chips;
(B) has a gross vehicle weight of not more
than 99,000 pounds;
(C) has not less than 6 axles; and
(D) is operating on a segment of Interstate
Route 35 in the State of Minnesota from mile
marker 235.4 to mile marker 259.552.
(r) Emergency Vehicles.--
(1) In general.--Notwithstanding subsection (a), a
State shall not enforce against an emergency vehicle a
vehicle weight limit (up to a maximum gross vehicle
weight of 86,000 pounds) of less than--
(A) 24,000 pounds on a single steering axle;
(B) 33,500 pounds on a single drive axle;
(C) 62,000 pounds on a tandem axle; or
(D) 52,000 pounds on a tandem rear drive
steer axle.
(2) Emergency vehicle defined.--In this subsection,
the term ``emergency vehicle'' means a vehicle designed
to be used under emergency conditions--
(A) to transport personnel and equipment; and
(B) to support the suppression of fires and
mitigation of other hazardous situations.
(s) Natural Gas Vehicles.--A vehicle, if operated by an
engine fueled primarily by natural gas, may exceed any vehicle
weight limit (up to a maximum gross vehicle weight of 82,000
pounds) under this section by an amount that is equal to the
difference between--
(1) the weight of the vehicle attributable to the
natural gas tank and fueling system carried by that
vehicle; and
(2) the weight of a comparable diesel tank and
fueling system.
(t) Vehicles in North Dakota and Idaho.--A vehicle limited or
prohibited under this section from operating on a segment of
the Interstate System in the State of North Dakota and Idaho
may operate on such a segment if such vehicle--
(1) has a gross vehicle weight of 129,000 pounds or
less;
(2) other than gross vehicle weight, complies with
the single axle, tandem axle, and bridge formula limits
set forth in subsection (a); and
(3) is authorized to operate on such segment under
[Idaho State law] the law of the relevant State.
* * * * * * *
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TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 145--FEDERAL-STATE RELATIONS
Sec. 14501. Federal authority over intrastate transportation
(a) Motor Carriers of Passengers.--
(1) Limitation on state law.--No State or political
subdivision thereof and no interstate agency or other
political agency of 2 or more States shall enact or
enforce any law, rule, regulation, standard, or other
provision having the force and effect of law relating
to--
(A) scheduling of interstate or intrastate
transportation (including discontinuance or
reduction in the level of service) provided by
a motor carrier of passengers subject to
jurisdiction under subchapter I of chapter 135
of this title on an interstate route;
(B) the implementation of any change in the
rates for such transportation or for any
charter transportation except to the extent
that notice, not in excess of 30 days, of
changes in schedules may be required; or
(C) the authority to provide intrastate or
interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter
bus operations, or to intrastate bus transportation of
any nature in the State of Hawaii.
(2) Matters not covered.--Paragraph (1) shall not
restrict the safety regulatory authority of a State
with respect to motor vehicles, the authority of a
State to impose highway route controls or limitations
based on the size or weight of the motor vehicle, or
the authority of a State to regulate carriers with
regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization.
(b) Freight Forwarders and Brokers.--
(1) General rule.--Subject to paragraph (2) of this
subsection, no State or political subdivision thereof
and no intrastate agency or other political agency of 2
or more States shall enact or enforce any law, rule,
regulation, standard, or other provision having the
force and effect of law relating to intrastate rates,
intrastate routes, or intrastate services of any
freight forwarder or broker.
(2) Continuation of Hawaii's authority.--Nothing in
this subsection and the amendments made by the Surface
Freight Forwarder Deregulation Act of 1986 shall be
construed to affect the authority of the State of
Hawaii to continue to regulate a motor carrier
operating within the State of Hawaii.
(c) Motor Carriers of Property.--
(1) General rule.--Except as provided in [paragraphs
(2) and (3)] paragraphs (3) and (4), a State, political
subdivision of a State, or political authority of 2 or
more States may not enact or enforce a law, regulation,
or other provision having the force and effect of law
related to a price, route, or service of any motor
carrier (other than a carrier affiliated with a direct
air carrier covered by section 41713(b)(4)) or any
motor private carrier, broker, or freight forwarder
with respect to the transportation of property.
(2) Additional limitation.--
(A) In general.--A State, political
subdivision of a State, or political authority
of 2 or more States may not enact or enforce a
law, regulation, or other provision having the
force and effect of law prohibiting employees
whose hours of service are subject to
regulation by the Secretary under section 31502
from working to the full extent permitted or at
such times as permitted under such section, or
imposing any additional obligations on motor
carriers if such employees work to the full
extent or at such times as permitted under such
section, including any related activities
regulated under part 395 of title 49, Code of
Federal Regulations.
(B) Statutory construction.--Nothing in this
paragraph may be construed to limit the
provisions of paragraph (1).
[(2)] (3) Matters not covered.--[Paragraph (1)--]
Paragraphs (1) and (2)--
(A) shall not restrict the safety regulatory
authority of a State with respect to motor
vehicles, the authority of a State to impose
highway route controls or limitations based on
the size or weight of the motor vehicle or the
hazardous nature of the cargo, or the authority
of a State to regulate motor carriers with
regard to minimum amounts of financial
responsibility relating to insurance
requirements and self-insurance authorization;
(B) does not apply to the intrastate
transportation of household goods; and
(C) does not apply to the authority of a
State or a political subdivision of a State to
enact or enforce a law, regulation, or other
provision relating to the regulation of tow
truck operations performed without the prior
consent or authorization of the owner or
operator of the motor vehicle.
[(3)] (4) State standard transportation practices.--
(A) Continuation.--[Paragraph (1)] Paragraphs
(1) and (2) shall not affect any authority of a
State, political subdivision of a State, or
political authority of 2 or more States to
enact or enforce a law, regulation, or other
provision, with respect to the intrastate
transportation of property by motor carriers,
related to--
(i) uniform cargo liability rules,
(ii) uniform bills of lading or
receipts for property being
transported,
(iii) uniform cargo credit rules,
(iv) antitrust immunity for joint
line rates or routes, classifications,
mileage guides, and pooling, or
(v) antitrust immunity for agent-van
line operations (as set forth in
section 13907),
if such law, regulation, or provision meets the
requirements of subparagraph (B).
(B) Requirements.--A law, regulation, or
provision of a State, political subdivision, or
political authority meets the requirements of
this subparagraph if--
(i) the law, regulation, or provision
covers the same subject matter as, and
compliance with such law, regulation,
or provision is no more burdensome than
compliance with, a provision of this
part or a regulation issued by the
Secretary or the Board under this part;
and
(ii) the law, regulation, or
provision only applies to a carrier
upon request of such carrier.
(C) Election.--Notwithstanding any other
provision of law, a carrier affiliated with a
direct air carrier through common controlling
ownership may elect to be subject to a law,
regulation, or provision of a State, political
subdivision, or political authority under this
paragraph.
[(4)] (5) Nonapplicability to Hawaii.--This
subsection shall not apply with respect to the State of
Hawaii.
[(5)] (6) Limitation on statutory construction.--
Nothing in this section shall be construed to prevent a
State from requiring that, in the case of a motor
vehicle to be towed from private property without the
consent of the owner or operator of the vehicle, the
person towing the vehicle have prior written
authorization from the property owner or lessee (or an
employee or agent thereof) or that such owner or lessee
(or an employee or agent thereof) be present at the
time the vehicle is towed from the property, or both.
(d) Pre-Arranged Ground Transportation.--
(1) In general.--No State or political subdivision
thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any
law, rule, regulation, standard or other provision
having the force and effect of law requiring a license
or fee on account of the fact that a motor vehicle is
providing pre-arranged ground transportation service if
the motor carrier providing such service--
(A) meets all applicable registration
requirements under chapter 139 for the
interstate transportation of passengers;
(B) meets all applicable vehicle and
intrastate passenger licensing requirements of
the State or States in which the motor carrier
is domiciled or registered to do business; and
(C) is providing such service pursuant to a
contract for--
(i) transportation by the motor
carrier from one State, including
intermediate stops, to a destination in
another State; or
(ii) transportation by the motor
carrier from one State, including
intermediate stops in another State, to
a destination in the original State.
(2) Intermediate stop defined.--In this section, the
term ``intermediate stop'', with respect to
transportation by a motor carrier, means a pause in the
transportation in order for one or more passengers to
engage in personal or business activity, but only if
the driver providing the transportation to such
passenger or passengers does not, before resuming the
transportation of such passenger (or at least 1 of such
passengers), provide transportation to any other person
not included among the passengers being transported
when the pause began.
(3) Matters not covered.--Nothing in this subsection
shall be construed--
(A) as subjecting taxicab service to
regulation under chapter 135 or section 31138;
(B) as prohibiting or restricting an airport,
train, or bus terminal operator from
contracting to provide preferential access or
facilities to one or more providers of pre-
arranged ground transportation service; and
(C) as restricting the right of any State or
political subdivision of a State to require, in
a nondiscriminatory manner, that any individual
operating a vehicle providing prearranged
ground transportation service originating in
the State or political subdivision have
submitted to pre-licensing drug testing or a
criminal background investigation of the
records of the State in which the operator is
domiciled, by the State or political
subdivision by which the operator is licensed
to provide such service, or by the motor
carrier providing such service, as a condition
of providing such service.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE II--VESSELS AND SEAMEN
* * * * * * *
PART G--MERCHANT SEAMEN PROTECTION AND RELIEF
* * * * * * *
CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
* * * * * * *
Sec. 10313. Wages
(a) A seaman's entitlement to wages and provisions begins
when the seaman begins work or when specified in the agreement
required by section 10302 of this title for the seaman to begin
work or be present on board, whichever is earlier.
(b) Wages are not dependent on the earning of freight by the
vessel. When the loss or wreck of the vessel ends the service
of a seaman before the end of the period contemplated in the
agreement, the seaman is entitled to wages for the period of
time actually served. The seaman shall be deemed a destitute
seaman under section 11104 of this title. This subsection
applies to a fishing or whaling vessel but not a yacht.
(c) When a seaman who has signed an agreement is discharged
improperly before the beginning of the voyage or before one
month's wages are earned, without the seaman's consent and
without the seaman's fault justifying discharge, the seaman is
entitled to receive from the master or owner, in addition to
wages earned, one month's wages as compensation.
(d) A seaman is not entitled to wages for a period during
which the seaman--
(1) unlawfully failed to work when required, after
the time fixed by the agreement for the seaman to begin
work; or
(2) lawfully was imprisoned for an offense, unless a
court hearing the case otherwise directs.
(e) After the beginning of the voyage, a seaman is entitled
to receive from the master, on demand, one-half of the balance
of wages earned and unpaid at each port at which the vessel
loads or delivers cargo during the voyage. A demand may not be
made before the expiration of 5 days from the beginning of the
voyage, not more than once in 5 days, and not more than once in
the same port on the same entry. If a master does not comply
with this subsection, the seaman is released from the agreement
and is entitled to payment of all wages earned. Notwithstanding
a release signed by a seaman under section 10312 of this title,
a court having jurisdiction may set aside, for good cause
shown, the release and take action that justice requires. This
subsection does not apply to a fishing or whaling vessel or a
yacht.
(f) At the end of a voyage, the master shall pay each seaman
the balance of wages due the seaman within 24 hours after the
cargo has been discharged or within 4 days after the seaman is
discharged, whichever is earlier. When a seaman is discharged
and final payment of wages is delayed for the period permitted
by this subsection, the seaman is entitled at the time of
discharge to one-third of the wages due the seaman.
(g)(1) Subject to paragraph (2), when payment is not made as
provided under subsection (f) of this section without
sufficient cause, the master or owner shall pay to the seaman 2
days' wages for each day payment is delayed.
(2) The total amount required to be paid under
paragraph (1) with respect to [all claims in a class
action suit by seamen] each claim by a seaman on a
passenger vessel capable of carrying more than 500
passengers for wages under this section against a
vessel master, owner, or operator or the employer of
[the seamen] the seaman shall not exceed ten times the
unpaid wages that are the subject of the claims.
(3) A [class action] suit for wages under this
subsection must be commenced within three years after
the later of--
(A) the date of the end of the last voyage
for which the wages are claimed; or
(B) the receipt[, by a seaman who is a
claimant in the suit,] by the seaman of a
payment of wages that are the subject of the
suit that is made in the ordinary course of
employment.
(h) Subsections (f) and (g) of this section do not apply to a
fishing or whaling vessel or a yacht.
(i) This section applies to a seaman on a foreign vessel when
in a harbor of the United States. The courts are available to
the seaman for the enforcement of this section.
* * * * * * *
CHAPTER 105--COASTWISE VOYAGES
* * * * * * *
Sec. 10504. Wages
(a) After the beginning of a voyage, a seaman is entitled to
receive from the master, on demand, one-half of the balance of
wages earned and unpaid at each port at which the vessel loads
or delivers cargo during the voyage. A demand may not be made
before the expiration of 5 days from the beginning of the
voyage, not more than once in 5 days, and not more than once in
the same port on the same entry. If a master does not comply
with this subsection, the seaman is released from the agreement
required by section 10502 of this title and is entitled to
payment of all wages earned. Notwithstanding a release signed
by a seaman under section 10312 of this title, a court having
jurisdiction may set aside, for good cause shown, the release
and take action that justice requires. This subsection does not
apply to a fishing or whaling vessel or a yacht.
(b) The master shall pay a seaman the balance of wages due
the seaman within 2 days after the termination of the agreement
required by section 10502 of this title or when the seaman is
discharged, whichever is earlier.
(c)(1) Subject to subsection (d), and except as provided in
paragraph (2), when payment is not made as provided under
subsection (b) of this section without sufficient cause, the
master or owner shall pay to the seaman 2 days' wages for each
day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to [all claims in a class action suit by seamen]
each claim by a seaman on a passenger vessel capable of
carrying more than 500 passengers for wages under this section
against a vessel master, owner, or operator or the employer of
[the seamen] the seaman shall not exceed ten times the unpaid
wages that are the subject of the claims.
(3) A [class action] suit for wages under this subsection
must be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt[, by a seaman who is a claimant in
the suit] by the seaman, of a payment of wages that are
the subject of the suit that is made in the ordinary
course of employment.
(d) Subsections (b) and (c) of this section do not apply to:
(1) a vessel engaged in coastwise commerce.
(2) a yacht.
(3) a fishing vessel.
(4) a whaling vessel.
(e) This section applies to a seaman on a foreign vessel when
in harbor of the United States. The courts are available to the
seaman for the enforcement of this section.
(f) Deposits in Seaman Account.--On written request signed by
the seaman, a seaman employed on a passenger vessel capable of
carrying more than 500 passengers may authorize, the master,
owner, or operator of the vessel, or the employer of the
seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal
of all funds on deposit in the account in which the
wages are deposited.
* * * * * * *
----------
UNITED STATES HOUSING ACT OF 1937
TITLE I--GENERAL PROGRAM OF ASSISTED HOUSING
* * * * * * *
SEC. 24. DEMOLITION, SITE REVITALIZATION, REPLACEMENT HOUSING, AND
TENANT-BASED ASSISTANCE GRANTS FOR PROJECTS.
(a) Purposes.--The purpose of this section is to provide
assistance to public housing agencies for the purposes of--
(1) improving the living environment for public
housing residents of severely distressed public housing
projects through the demolition, rehabilitation,
reconfiguration, or replacement of obsolete public
housing projects (or portions thereof);
(2) revitalizing sites (including remaining public
housing dwelling units) on which such public housing
projects are located and contributing to the
improvement of the surrounding neighborhood;
(3) providing housing that will avoid or decrease the
concentration of very low-income families; and
(4) building sustainable communities.
It is also the purpose of this section to provide assistance to
smaller communities for the purpose of facilitating the
development of affordable housing for low-income families that
is undertaken in connection with a main street revitalization
or redevelopment project in such communities.
(b) Grant Authority.--The Secretary may make grants as
provided in this section to applicants whose applications for
such grants are approved by the Secretary under this section.
(c) Contribution Requirement.--
(1) In general.--The Secretary may not make any grant
under this section to any applicant unless the
applicant certifies to the Secretary that the applicant
will--
(A) supplement the aggregate amount of
assistance provided under this section with an
amount of funds from sources other than this
section equal to not less than 5 percent of the
amount provided under this section; and
(B) in addition to supplemental amounts
provided in accordance with subparagraph (A),
if the applicant uses more than 5 percent of
the amount of assistance provided under this
section for services under subsection
(d)(1)(L), provide supplemental funds from
sources other than this section in an amount
equal to the amount so used in excess of 5
percent.
(2) Supplemental funds.--In calculating the amount of
supplemental funds provided by a grantee for purposes
of paragraph (1), the grantee may include amounts from
other Federal sources, any State or local government
sources, any private contributions, the value of any
donated material or building, the value of any lease on
a building, the value of the time and services
contributed by volunteers, and the value of any other
in-kind services or administrative costs provided.
(3) Exemption.--If assistance provided under this
title will be used only for providing tenant-based
assistance under section 8 or demolition of public
housing (without replacement), the Secretary may exempt
the applicant from the requirements under paragraph
(1)(A).
(d) Eligible Activities.--
(1) In general.--Grants under this section may be
used for activities to carry out revitalization
programs for severely distressed public housing,
including--
(A) architectural and engineering work;
(B) redesign, rehabilitation, or
reconfiguration of a severely distressed public
housing project, including the site on which
the project is located;
(C) the demolition, sale, or lease of the
site, in whole or in part;
(D) covering the administrative costs of the
applicant, which may not exceed such portion of
the assistance provided under this section as
the Secretary may prescribe;
(E) payment of reasonable legal fees;
(F) providing reasonable moving expenses for
residents displaced as a result of the
revitalization of the project;
(G) economic development activities that
promote the economic self-sufficiency of
residents under the revitalization program,
including a Neighborhood Networks initiative
for the establishment and operation of computer
centers in public housing for the purpose of
enhancing the self-sufficiency, employability,
an economic self-reliance of public housing
residents by providing them with onsite
computer access and training resources;
(H) necessary management improvements;
(I) leveraging other resources, including
additional housing resources, retail supportive
services, jobs, and other economic development
uses on or near the project that will benefit
future residents of the site;
(J) replacement housing (including
appropriate homeownership downpayment
assistance for displaced residents or other
appropriate replacement homeownership
activities) and rental assistance under section
8;
(K) transitional security activities; and
(L) necessary supportive services, except
that not more than 15 percent of the amount of
any grant may be used for activities under this
paragraph.
(2) Endowment trust for supportive services.--In
using grant amounts under this section made available
in fiscal year 2000 or thereafter for supportive
services under paragraph (1)(L), a public housing
agency may deposit such amounts in an endowment trust
to provide supportive services over such period of time
as the agency determines. Such amounts shall be
provided to the agency by the Secretary in a lump sum
when requested by the agency, shall be invested in a
wise and prudent manner, and shall be used (together
with any interest thereon earned) only for eligible
uses pursuant to paragraph (1)(L). A public housing
agency may use amounts in an endowment trust under this
paragraph in conjunction with other amounts donated or
otherwise made available to the trust for similar
purposes.
(e) Application and Selection.--
(1) Application.--An application for a grant under
this section shall demonstrate the appropriateness of
the proposal in the context of the local housing market
relative to other alternatives, and shall include such
other information and be submitted at such time and in
accordance with such procedures, as the Secretary shall
prescribe.
(2) Selection criteria.--The Secretary shall
establish criteria for the award of grants under this
section and shall include among the factors--
(A) the relationship of the grant to the
public housing agency plan for the applicant
and how the grant will result in a revitalized
site that will enhance the neighborhood in
which the project is located and enhance
economic opportunities for residents;
(B) the capability and record of the
applicant public housing agency, or any
alternative management entity for the agency,
for managing redevelopment or modernization
projects, meeting construction timetables, and
obligating amounts in a timely manner;
(C) the extent to which the applicant could
undertake such activities without a grant under
this section;
(D) the extent of involvement of residents,
State and local governments, private service
providers, financing entities, and developers,
in the development and ongoing implementation
of a revitalization program for the project,
except that the Secretary may not award a grant
under this section unless the applicant has
involved affected public housing residents at
the beginning and during the planning process
for the revitalization program, prior to
submission of an application;
(E) the need for affordable housing in the
community;
(F) the supply of other housing available and
affordable to families receiving tenant-based
assistance under section 8;
(G) the amount of funds and other resources
to be leveraged by the grant;
(H) the extent of the need for, and the
potential impact of, the revitalization
program;
(I) the extent to which the plan minimizes
permanent displacement of current residents of
the public housing site who wish to remain in
or return to the revitalized community and
provides for community and supportive services
to residents prior to any relocation;
(J) the extent to which the plan sustains or
creates more project-based housing units
available to persons eligible for public
housing in markets where the plan shows there
is demand for the maintenance or creation of
such units;
(K) the extent to which the plan gives to
existing residents priority for occupancy in
dwelling units which are public housing
dwelling units, or for residents who can afford
to live in other units, priority for those
units in the revitalized community; and
(L) such other factors as the Secretary
considers appropriate.
(3) Applicability of selection criteria.--The
Secretary may determine not to apply certain of the
selection criteria established pursuant to paragraph
(2) when awarding grants for demolition only, tenant-
based assistance only, or other specific categories of
revitalization activities. This section may not be
construed to require any application for a grant under
this section to include demolition of public housing or
to preclude use of grant amounts for rehabilitation or
rebuilding of any housing on an existing site.
(f) Cost Limits.--Subject to the provisions of this section,
the Secretary--
(1) shall establish cost limits on eligible
activities under this section sufficient to provide for
effective revitalization programs; and
(2) may establish other cost limits on eligible
activities under this section.
(g) Disposition and Replacement.--Any severely distressed
public housing disposed of pursuant to a revitalization plan
and any public housing developed in lieu of such severely
distressed housing, shall be subject to the provisions of
section 18. Severely distressed public housing demolished
pursuant to a revitalization plan shall not be subject to the
provisions of section 18.
(h) Administration by Other Entities.--The Secretary may
require a grantee under this section to make arrangements
satisfactory to the Secretary for use of an entity other than
the public housing agency to carry out activities assisted
under the revitalization plan, if the Secretary determines that
such action will help to effectuate the purposes of this
section.
(i) Withdrawal of Funding.--If a grantee under this section
does not proceed within a reasonable timeframe, in the
determination of the Secretary, the Secretary shall withdraw
any grant amounts under this section that have not been
obligated by the public housing agency. The Secretary shall
redistribute any withdrawn amounts to one or more other
applicants eligible for assistance under this section or to one
or more other entities capable of proceeding expeditiously in
the same locality in carrying out the revitalization plan of
the original grantee.
(j) Definitions.--For purposes of this section, the following
definitions shall apply:
(1) Applicant.--The term ``applicant'' means--
(A) any public housing agency that is not
designated as troubled pursuant to section
6(j)(2);
(B) any public housing agency for which a
private housing management agent has been
selected, or a receiver has been appointed,
pursuant to section 6(j)(3); and
(C) any public housing agency that is
designated as troubled pursuant to section
6(j)(2) and that--
(i) is so designated principally for
reasons that will not affect the
capacity of the agency to carry out a
revitalization program;
(ii) is making substantial progress
toward eliminating the deficiencies of
the agency; or
(iii) is otherwise determined by the
Secretary to be capable of carrying out
a revitalization program.
(2) Severely distressed public housing.--The term
``severely distressed public housing'' means a public
housing project (or building in a project)--
(A) that--
(i) requires major redesign,
reconstruction or redevelopment, or
partial or total demolition, to correct
serious deficiencies in the original
design (including inappropriately high
population density), deferred
maintenance, physical deterioration or
obsolescence of major systems and other
deficiencies in the physical plant of
the project;
(ii) is a significant contributing
factor to the physical decline of and
disinvestment by public and private
entities in the surrounding
neighborhood;
(iii)(I) is occupied predominantly by
families who are very low-income
families with children, are unemployed,
and dependent on various forms of
public assistance;
(II) has high rates of vandalism and
criminal activity (including drug-
related criminal activity) in
comparison to other housing in the
area; or
(III) is lacking in sufficient
appropriate transportation, supportive
services, economic opportunity,
schools, civic and religious
institutions, and public services,
resulting in severe social distress in
the project;
(iv) cannot be revitalized through
assistance under other programs, such
as the program for capital and
operating assistance for public housing
under this Act, or the programs under
sections 9 and 14 of the United States
Housing Act of 1937 (as in effect
before the effective date under under
section 503(a) the Quality Housing and
Work Responsibility Act of 1998),
because of cost constraints and
inadequacy of available amounts; and
(v) in the case of individual
buildings, is, in the Secretary's
determination, sufficiently separable
from the remainder of the project of
which the building is part to make use
of the building feasible for purposes
of this section; or
(B) that was a project described in
subparagraph (A) that has been legally vacated
or demolished, but for which the Secretary has
not yet provided replacement housing assistance
(other than tenant-based assistance).
(3) Supportive services.--The term ``supportive
services'' includes all activities that will promote
upward mobility, self-sufficiency, and improved quality
of life for the residents of the public housing project
involved, including literacy training, job training,
day care, transportation, and economic development
activities.
(k) Grantee Reporting.--The Secretary shall require grantees
of assistance under this section to report the sources and uses
of all amounts expended for revitalization plans.
(l) Annual Report.--The Secretary shall submit to the
Congress an annual report setting forth--
(1) the number, type, and cost of public housing
units revitalized pursuant to this section;
(2) the status of projects identified as severely
distressed public housing;
(3) the amount and type of financial assistance
provided under and in conjunction with this section,
including a specification of the amount and type of
assistance provided under subsection (n);
(4) the types of projects funded, and number of
affordable housing dwelling units developed with,
grants under subsection (n); and
(5) the recommendations of the Secretary for
statutory and regulatory improvements to the program
established by this section.
(m) Funding.--
(1) Authorization of appropriations.--There are
authorized to be appropriated for grants under this
section $574,000,000 for [fiscal year 2017.] fiscal
year 2018.
(2) Technical assistance and program oversight.--Of
the amount appropriated pursuant to paragraph (1) for
any fiscal year, the Secretary may use up to 2 percent
for technical assistance or contract expertise,
including assistance in connection with the
establishment and operation of computer centers in
public housing through the Neighborhoods Networks
initiative described in subsection (d)(1)(G). Such
assistance or contract expertise may be provided
directly or indirectly by grants, contracts, or
cooperative agreements, and shall include training, and
the cost of necessary travel for participants in such
training, by or to officials of the Department of
Housing and Urban Development, of public housing
agencies, and of residents.
(3) Set-aside for main street housing grants.--Of the
amount appropriated pursuant to paragraph (1) for any
fiscal year, the Secretary shall provide up to 5
percent for use only for grants under subsection (n).
(n) Grants for Assisting Affordable Housing Developed Through
Main Street Projects in Smaller Communities.--
(1) Authority and use of grant amounts.--The
Secretary may make grants under this subsection to
smaller communities. Such grant amounts shall be used
by smaller communities only to provide assistance to
carry out eligible affordable housing activities under
paragraph (4) in connection with an eligible project
under paragraph (2).
(2) Eligible project.--For purposes of this
subsection, the term ``eligible project'' means a
project that--
(A) the Secretary determines, under the
criteria established pursuant to paragraph (3),
is a main street project;
(B) is carried out within the jurisdiction of
a smaller community receiving the grant; and
(C) involves the development of affordable
housing that is located in the commercial area
that is the subject of the project.
(3) Main street projects.--The Secretary shall
establish requirements for a project to be considered a
main street project for purposes of this section, which
shall require that the project--
(A) has as its purpose the revitalization or
redevelopment of a historic or traditional
commercial area;
(B) involves investment, or other
participation, by the government for, and
private entities in, the community in which the
project is carried out; and
(C) complies with such historic preservation
guidelines or principles as the Secretary shall
identify to preserve significant historic or
traditional architectural and design features
in the structures or area involved in the
project.
(4) Eligible affordable housing activities.--For
purposes of this subsection, the activities described
in subsection (d)(1) shall be considered eligible
affordable housing activities, except that--
(A) such activities shall be conducted with
respect to affordable housing rather than with
respect to severely distressed public housing
projects; and
(B) eligible affordable housing activities
under this subsection shall not include the
activities described in subparagraphs (B)
through (E), (J), or (K) of subsection (d)(1).
(5) Maximum grant amount.--A grant under this
subsection for a fiscal year for a single smaller
community may not exceed $1,000,000.
(6) Contribution requirement.--A smaller community
applying for a grant under this subsection shall be
considered an applicant for purposes of subsection (c)
(relating to contributions by applicants), except
that--
(A) such supplemental amounts shall be used
only for carrying out eligible affordable
housing activities; and
(B) paragraphs (1)(B) and (3) shall not apply
to grants under this subsection.
(7) Applications and selection.--
(A) Application.--Pursuant to subsection
(e)(1), the Secretary shall provide for smaller
communities to apply for grants under this
subsection, except that the Secretary may
establish such separate or additional criteria
for applications for such grants as may be
appropriate to carry out this subsection.
(B) Selection criteria.--The Secretary shall
establish selection criteria for the award of
grants under this subsection, which shall be
based on the selection criteria established
pursuant to subsection (e)(2), with such
changes as may be appropriate to carry out the
purposes of this subsection.
(8) Cost limits.--The cost limits established
pursuant to subsection (f) shall apply to eligible
affordable housing activities assisted with grant
amounts under this subsection.
(9) Inapplicability of other provisions.--The
provisions of subsections (g) (relating to disposition
and replacement of severely distressed public housing),
and (h) (relating to administration of grants by other
entities), shall not apply to grants under this
subsection.
(10) Reporting.--The Secretary shall require each
smaller community receiving a grant under this
subsection to submit a report regarding the use of all
amounts provided under the grant.
(11) Definitions.--For purposes of this subsection,
the following definitions shall apply:
(A) Affordable housing.--The term
``affordable housing'' means rental or
homeownership dwelling units that--
(i) are made available for initial
occupancy to low-income families, with
a subset of units made available to
very- and extremely-low income
families; and
(ii) are subject to the same rules
regarding occupant contribution toward
rent or purchase and terms of rental or
purchase as dwelling units in public
housing projects assisted with a grant
under this section.
(B) Smaller community.--The term ``smaller
community'' means a unit of general local
government (as such term is defined in section
102 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5302)) that--
(i) has a population of 50,000 or
fewer; and
(ii)(I) is not served by a public
housing agency; or
(II) is served by a single public
housing agency, which agency
administers 100 or fewer public housing
dwelling units.
(o) Sunset.--No assistance may be provided under this section
after [September 30, 2017.] September 30, 2018.
* * * * * * *
----------
MULTIFAMILY ASSISTED HOUSING REFORM AND AFFORDABILITY ACT OF 1997
* * * * * * *
TITLE V--HUD MULTIFAMILY HOUSING REFORM
* * * * * * *
Subtitle C--Enforcement Provisions
* * * * * * *
Part 2--FHA Multifamily Provisions
* * * * * * *
SEC. 579. TERMINATION.
(a) Repeals.--
(1) Mark-to-market program.--Subtitle A (except for
section 524) is repealed effective [October 1, 2017]
October 1, 2022.
(2) OMHAR.--Subtitle D (except for this section) is
repealed effective October 1, 2004.
(b) Exception.--Notwithstanding the repeal under subsection
(a), the provisions of subtitle A (as in effect immediately
before such repeal) shall apply with respect to projects and
programs for which binding commitments have been entered into
under this Act before [October 1, 2017] October 1, 2022.
(c) Termination of Director and Office.--The Office of
Multifamily Housing Assistance Restructuring and the position
of Director of such Office shall terminate at the end of
September 30, 2004.
(d) Transfer of Authority.--Effective upon the repeal of
subtitle D under subsection (a)(2) of this section, all
authority and responsibilities to administer the program under
subtitle A are transferred to the Secretary.
* * * * * * *
----------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPROPRIATIONS ACT, 2012
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT APPROPRIATIONS ACT, 2012
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
* * * * * * *
RENTAL ASSISTANCE DEMONSTRATION
To conduct a demonstration designed to preserve and improve
public housing and certain other multifamily housing through
the voluntary conversion of properties with assistance under
section 9 of the United States Housing Act of 1937,
(hereinafter, ``the Act''), or the moderate rehabilitation
program under section 8(e)(2) of the Act, to properties with
assistance under a project-based subsidy contract under section
8 of the Act, which shall be eligible for renewal under section
524 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997, or assistance under section 8(o)(13)
of the Act, the Secretary may transfer amounts provided through
contracts under section 8(e)(2) of the Act or under the
headings ``Public Housing Capital Fund'' and ``Public Housing
Operating Fund'' to the headings ``Tenant-Based Rental
Assistance'' or ``Project-Based Rental Assistance'': Provided,
That the initial long-term contract under which converted
assistance is made available may allow for rental adjustments
only by an operating cost factor established by the Secretary,
and shall be subject to the availability of appropriations for
each year of such term: Provided further, That project
applications may be received under this demonstration until
September 30, 2020: Provided further, That any increase in
cost for ``Tenant-Based Rental Assistance'' or ``Project-Based
Rental Assistance'' associated with such conversion in excess
of amounts made available under this heading shall be equal to
amounts transferred from ``Public Housing Capital Fund'' and
``Public Housing Operating Fund'' or other account from which
it was transferred: Provided further, That not more than
225,000 units currently receiving assistance under section 9 or
section 8(e)(2) of the Act shall be converted under the
authority provided under this heading: Provided further, That
tenants of such properties with assistance converted from
assistance under section 9 shall, at a minimum, maintain the
same rights under such conversion as those provided under
sections 6 and 9 of the Act: Provided further, That the
Secretary shall select properties from applications for
conversion as part of this demonstration through a competitive
process: Provided further, That in establishing criteria for
such competition, the Secretary shall seek to demonstrate the
feasibility of this conversion model to recapitalize and
operate public housing properties (1) in different markets and
geographic areas, (2) within portfolios managed by public
housing agencies of varying sizes, and (3) by leveraging other
sources of funding to recapitalize properties: Provided
further, That the Secretary shall provide an opportunity for
public comment on draft eligibility and selection criteria and
procedures that will apply to the selection of properties that
will participate in the demonstration: Provided further, That
the Secretary shall provide an opportunity for comment from
residents of properties to be proposed for participation in the
demonstration to the owners or public housing agencies
responsible for such properties: Provided further, That the
Secretary may waive or specify alternative requirements for
(except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment) any
provision of section 8(o)(13) or any provision that governs the
use of assistance from which a property is converted under the
demonstration or funds made available under the headings of
``Public Housing Capital Fund'', ``Public Housing Operating
Fund'', and ``Project-Based Rental Assistance'', under this Act
or any prior Act or any Act enacted during the period of
conversion of assistance under the demonstration for properties
with assistance converted under the demonstration, upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective conversion of
assistance under the demonstration: Provided further, That the
Secretary shall publish by notice in the Federal Register any
waivers or alternative requirements pursuant to the previous
proviso no later than 10 days before the effective date of such
notice: Provided further, That the demonstration may proceed
after the Secretary publishes notice of its terms in the
Federal Register: Provided further, That notwithstanding
sections 3 and 16 of the Act, the conversion of assistance
under the demonstration shall not be the basis for re-screening
or termination of assistance or eviction of any tenant family
in a property participating in the demonstration, and such a
family shall not be considered a new admission for any purpose,
including compliance with income targeting requirements:
Provided further, That in the case of a property with
assistance converted under the demonstration from assistance
under section 9 of the Act, section 18 of the Act shall not
apply to a property converting assistance under the
demonstration for all or substantially all of its units, the
Secretary shall require ownership or control of assisted units
by a public or nonprofit entity except as determined by the
Secretary to be necessary pursuant to foreclosure, bankruptcy,
or termination and transfer of assistance for material
violations or substantial default, in which case the priority
for ownership or control shall be provided to a capable public
or nonprofit entity, then a capable entity, as determined by
the Secretary, shall require long-term renewable use and
affordability restrictions for assisted units, and may allow
ownership to be transferred to a for-profit entity to
facilitate the use of tax credits only if the public housing
agency [preserves its interest] or a nonprofit entity preserves
an interest in the property in a manner approved by the
Secretary, and upon expiration of the initial contract and each
renewal contract, the Secretary shall offer and the owner of
the property shall accept renewal of the contract subject to
the terms and conditions applicable at the time of renewal and
the availability of appropriations each year of such renewal:
Provided further, That the Secretary may permit transfer of
assistance at or after conversion under the demonstration to
replacement units subject to the requirements in the previous
proviso: Provided further, That the Secretary may establish
the requirements for converted assistance under the
demonstration through contracts, use agreements, regulations,
or other means: Provided further, That the Secretary shall
assess and publish findings regarding the impact of the
conversion of assistance under the demonstration on the
preservation and improvement of public housing, the amount of
private sector leveraging as a result of such conversion, and
the effect of such conversion on tenants: [Provided further,
That for fiscal year 2012 and hereafter, owners of properties
assisted under section 101 of the Housing and Urban Development
Act of 1965, section 236(f)(2) of the National Housing Act, or
section 8(e)(2) of the United States Housing Act of 1937, for
which an event after October 1, 2006 has caused or results in
the termination of rental assistance or affordability
restrictions and the issuance of tenant protection vouchers
under section 8(o) of the Act, shall be eligible, subject to
requirements established by the Secretary, including but not
limited to tenant consultation procedures, for conversion of
assistance available for such vouchers to assistance under a
long-term project-based subsidy contract under section 8 of the
Act, which shall have a term of no less than 20 years, with
rent adjustments only by an operating cost factor established
by the Secretary, which shall be eligible for renewal under
section 524 of the Multifamily Assisted Housing Reform and
Affordability Act of 1997 (42 U.S.C. 1437f note), or, subject
to agreement of the administering public housing agency, to
assistance under section 8(o)(13) of the Act, to which the
limitation under subsection (B) of section 8(o)(13) of the Act
shall not apply and for which the Secretary of Housing and
Urban Development may waive or alter the provisions of
subparagraphs (C) and (D) of section 8(o)(13) of the Act:]
Provided further, That for fiscal year 2012 and hereafter,
owners of properties assisted or previously assisted under
section 101 of the Housing and Urban Development Act of 1965,
section 236(f)(2) of the National Housing Act, or section
8(e)(2) of the United States Housing Act of 1937, for which a
contract expires or terminates due to prepayment on or after
October 1, 2006, has caused or results in the termination of
rental assistance or affordability restrictions or both and the
issuance of tenant protection vouchers under section 8(o) or
section 8(t) of the Act, or with a project rental assistance
contract under section 202(c)(2) of Housing Act of 1959, shall
be eligible, subject to requirements established by the
Secretary, including but not limited to tenant consultation
procedures, for conversion of assistance available or provided
for such vouchers or assistance contracts, to assistance under
a long-term project-based subsidy contract under section 8 of
the Act, which shall have a term of no less than 20 years,
which shall have initial rents set at comparable market rents
for the market area, with subsequent rent adjustments only by
an operating cost factor established by the Secretary, and
which shall be eligible for renewal under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437f note), or, subject to agreement of the
administering public housing agency, to assistance under
section 8(o)(13) of the Act, to which the limitation under
subparagraph (B) of section 8(o)(13) of the Act shall not apply
and for which the Secretary may waive or alter the provisions
of subparagraphs (C) and (D) of section 8(o)(13) of the Act
(``Second Component'' herein): Provided further, That
conversions of assistance under the Second Component may not be
the basis for re-screening or termination of assistance or
eviction of any tenant family in a property participating in
the demonstration: Provided further, That amounts made
available under the heading ``Rental Housing Assistance''
during the period of conversion under the [previous proviso
shall be available for project-based subsidy contracts entered
into pursuant to the previous proviso:] Second Component,
except for conversion of section 202 project rental assistance
contracts, shall be available for project-based subsidy
contracts entered into pursuant to the Second Component:
Provided further, That amounts, including contract authority,
recaptured from contracts following a conversion under the
[previous two provisos] Second Component, except for conversion
of section 202 project rental assistance contracts, are hereby
rescinded and an amount of additional new budget authority,
equivalent to the amount rescinded is hereby appropriated, to
remain available until expended for such conversions: Provided
further, That the Secretary may transfer amounts made available
under the heading ``Rental Housing Assistance'', amounts made
available for tenant protection vouchers under the heading
``Tenant-Based Rental Assistance'' and specifically associated
with any such conversions, and amounts made available under the
previous proviso as needed to the account under the ``Project-
Based Rental Assistance'' heading to facilitate conversion
under the [three previous provisos] Second Component, except
for conversion of section 202 project rental assistance
contracts, and any increase in cost for ``Project-Based Rental
Assistance'' associated with such conversion shall be equal to
amounts so transferred: Provided further, That the Secretary
may transfer amounts made available under the heading ``Housing
for the Elderly'' to the accounts under the headings ``Project-
Based Rental Assistance'' or ``Tenant-Based Rental Assistance''
to facilitate any section 202 project rental assistance
contract conversions under the Second Component, and any
increase in cost for ``Project-Based Rental Assistance'' or
``Tenant-Based Rental Assistance'' associated with such
conversion shall be equal to amounts so transferred: Provided
further, That with respect to the [previous four provisos]
Second Component, as applicable, the Comptroller General of the
United States shall conduct a study of the long-term impact of
the fiscal year 2012 and 2013 conversion of tenant protection
vouchers to assistance under section 8(o)(13) of the Act on the
ratio of tenant-based vouchers to project-based vouchers.
* * * * * * *
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill which directly or indirectly change the
application of existing law.
TITLE I--DEPARTMENT OF TRANSPORTATION
Language is included under Office of the Secretary,
`Salaries and expenses' specifying certain amounts for
individual offices of the Office of the Secretary and official
reception and representation expenses; specifying transfer
authority among offices; and allowing up to $2,500,000 in user
fees to be credited to the account.
Language is included under the Office of the Secretary,
`Research and technology' which limits the availability of
funds, changes the availability of funds, allows funds received
from other entities to be credited to the account, and deems
the title of the office.
Language is included under the Office of the Secretary,
`National surface and innovative finance bureau' which sets a
notification requirement.
Language is included under the Office of the Secretary,
`Cyber security initiatives' which provides funds for
information technology security upgrades; and changes the
availability of funds.
Language is included under the Office of the Secretary,
`Transportation planning, research, and development' which
provides funds for conducting transportation planning,
research, systems development, development activities and
making grants; changes the availability of funds; and specifies
funding minimums for and authorities related to the Interagency
Infrastructure Permitting Improvement Center.
Language is included that limits operating costs and
capital outlays of the Working Capital Fund for the Department
of Transportation; provides that services shall be provided on
a competitive basis, except for non-DOT entities; restricts the
transfer for any funds to the Working Capital Fund with
approval; and limits special assessments or reimbursable
agreements levied against any program, project or activity
funded in this Act to only those assessments or reimbursable
agreements that are presented to and approved by the House and
Senate Committees on Appropriations.
Language is included under the Office of the Secretary,
`Minority business resource center' which provides funds for
financial education outreach, monitoring and modification of
existing loans, and administrative expenses; and makes funds
available for business opportunities related to any mode of
transportation.
Language is included under Office of the Secretary, `Small
and disadvantaged business utilization and outreach' specifying
that funds may be used for business opportunities related to
any mode of transportation, and limits the availability of
funds.
Language is included under the Office of the Secretary,
`Payments to air carriers' that allows the Secretary of
Transportation to consider subsidy requirements when
determining service to a community, eliminates the requirement
that carriers use at least 15-passenger aircraft, prohibits
funds for communities within a certain distance of a small hub
airport without a cost-share, allows amounts to be made
available from the Federal Aviation Administration, and allows
the reimbursement of such amounts from overflight fees.
Section 101 prohibits the Office of the Secretary of
Transportation from approving assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Section 102 sets administrative requirements of the
Department's Credit Council.
Section 103 allows the Department to use the Working
Capital Fund to provide transit benefits to Federal employees.
Section 104 allows transfers related to the `National
surface and innovative finance bureau' account.
Section 105 changes the deposit account for certain fees.
Language is included under the Federal Aviation
Administration, `Operations' that specifies funds for certain
activities; limits the availability of funds; derives funds
from the Airport and Airway Trust Fund; specifies amounts for
certain activities; specifies transfer authorities among
activities; requires various staffing plans by a certain date
with financial penalties for late submissions; permits the use
of funds to enter into a grant agreement with a nonprofit
standard setting organization to develop aviation safety
standards; prohibits the use of funds for new applicants of the
second career training program; prohibits funds to plan,
finalize, or implement any regulation that would promulgate new
aviation user fees not specifically authorized by law; credits
funds received from other entities for expenses incurred in the
provision of agency services; specifies funds for the contract
tower programs; prohibits funds from certain activities
coordinated through the Working Capital Fund; and prohibits
funds to eliminate the Contract Weather Observer program.
Language is included under Federal Aviation Administration,
`Facilities and equipment' that funds various activities from
the Airport and Airway Trust Fund, limits the availability of
funds, allows certain funds received for expenses incurred in
the establishment and modernization of air navigation
facilities to be credited to the account, and that requires the
Secretary of Transportation to transmit a comprehensive capital
investment plan for the Federal Aviation Administration, with
financial penalties for a late submission.
Language is included under Federal Aviation Administration,
`Research, engineering, and development' that provides funds
from the Airport and Airway Trust Fund; that limits the
availability of funds; and that allows certain funds received
for expenses incurred in research, engineering and development
to be credited to the account.
Language is included under Federal Aviation Administration,
`Grants-in-aid for airports' that provides funds from the
Airport and Airway Trust Fund, changes the availability of
funds, prohibits the availability of funds for certain
activities, and limits the availability of funds for certain
activities.
Section 110 limits the number of technical workyears at the
Center for Advanced Aviation Systems Development to 600 in
fiscal year 2017.
Section 111 prohibits FAA from requiring airport sponsors
to provide the agency `without cost' building construction,
maintenance, utilities and expenses, or space in sponsor-owned
buildings, except in the case of certain specified exceptions.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits the FAA from paying Sunday premium
pay except in those cases where the individual actually worked
on a Sunday.
Section 115 prohibits FAA from using funds to purchase
store gift cards or gift certificates through a government-
issued credit card.
Section 116 requires approval from the Assistant Secretary
for Administration of the Department of Transportation for
retention bonuses for any FAA employee.
Section 117 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
Aircraft Situational Display to Industry program, upon the
request of an owner or operator.
Section 118 prohibits funds for more than a certain number
of political appointees at the Federal Aviation Administration.
Section 119 prohibits funds to increase fees pursuant to
Section 44721 of title 49, U.S.C. until the FAA submits a
report to the House and Senate Committees on Appropriations.
Section 119A prohibits funds to close a regional operations
center or reduce services unless the Administrator notifies the
House and Senate Committees on Appropriations.
Section 119B prohibits funds to change weight restrictions
or prior permission rules at Teterboro airport in Teterboro,
New Jersey.
Section 119C prohibits funds to withhold funds from certain
contract tower applicants.
Section 119D requires FAA to take certain actions related
to organization delegation authorization.
Language is included under the Federal Highway
Administration, `Limitation on administrative expenses' that,
contingent on enactment of authorization legislation, limits
the amount to be paid, together with advances and
reimbursements received, for the administrative expenses of the
agency. In addition to this limitation, an amount is specified
that is to be made available to the Appalachian Regional
Commission for administrative expenses.
Language is included under the Federal Highway
Administration, `Federal-aid highways' that limits the
obligations for Federal-aid highways and highway safety
construction programs; allows the Secretary to charge, collect
and spend fees for the costs of underwriting and servicing
Federal credit instruments; and provides that such amounts are
in addition to administrative expenses, and not subject to any
obligation limitation or limitation on administrative expenses
under section 608 of title 23, U.S.C., and are available until
expended.
Language is included under the Federal Highway
Administration, `Federal-aid highways' that liquidates contract
authority from the Highway Trust Fund.
Language is included under the Federal Highway
Administration, `Federal-aid highways' that specifies certain
unobligated balances of funds for rescission.
Section 120 distributes obligation authority among Federal-
aid highways programs, contingent on enactment of authorization
legislation.
Section 121 credits funds received by the Bureau of
Transportation Statistics to the Federal-aid highways account.
Section 122 provides requirements for any waiver of the Buy
America Act.
Section 123 requires Congressional notification before the
Department provides credit assistance under section 603 and 604
of title 23, U.S.C.
Section 124 requires Congressional notification before the
Department provides grant assistance under section 117 of title
23, U.S.C.
Section 125 prohibits termination of the Clearview font.
Section 126 modifies a federal truck weight exemption to
include North Dakota.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor carrier safety operations and programs'
that provides a limitation on obligations and liquidation of
contract authorization; changes the availability of funds; and
specifies amounts available for specific activities.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor carrier safety grants' that provides
limitation on obligations and liquidation of contract
authorization; specifies amounts available for various
programs; and specifies allowable activities for a highly
automated commercial vehicle research and development program.
Section 130 provides that funds appropriated are subject to
terms and conditions included in prior appropriations Acts
regarding Mexico-domiciled motor carriers.
Section 131 requires the Federal Motor Carrier Safety
Administration to send notices of certain violations such that
the receipt of such notice is confirmed.
Section 132 prohibits funds to enforce Electronic Logging
Device regulations with respect to carriers transporting
livestock or insects.
Section 133 prohibits funds from being used to modify
safety fitness determination regulations until certain
conditions are met.
Section 134 clarifies the preemption of certain state and
local laws and regulations by federal laws and regulations and
makes the preemption retroactive to 1994.
Language is included under National Highway Traffic Safety
Administration, `Operations and research' that provides funds
for vehicle safety activities; and modifies the period of
availability of certain funds.
Language is included under National Highway Traffic Safety
Administration, `Operations and research' that provides a
limitation on obligations and a liquidation of contract
authorization from the Highway Trust Fund; specifies amounts
for various programs; and modifies the period of availability
of certain funds.
Language is included under the National Highway Traffic
Safety Administration `Highway traffic safety grants' that
provides a limitation on obligations; changes the availability
of funds; provides a liquidation of contract authorization from
the Highway Trust Fund; specifies the amounts for various
programs; prohibits and limits funds for specific purposes; and
requires certain Congressional notifications.
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority that was made
available in previous public laws from limitations on
obligations set in this Act.
Section 142 prohibits funding for the national roadside
survey.
Section 143 prohibits funding for mandated global
positioning system tracking.
Language is included under Federal Railroad Administration,
`Safety and operations' that provides funds and funding
availability.
Language is included under Federal Railroad Administration,
`Railroad research and development' that provides funds and
funding availability.
Language is included under Federal Railroad Administration,
`Railroad rehabilitation and improvement financing program'
authorizing the Secretary to issue direct loans and loan
guarantees under sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act and prohibiting new
direct loans or loan guarantee commitments in 2017 that use
Federal funds for the credit risk premium, except for funding
awards under section 3028(c) of Public Law 114-94.
Language is included under the Federal Railroad
Administration, `Federal-State Partnership for the State of
Good Repair Grants' that provides funds, provides funding
availability, and allows the Secretary to withhold funding for
a specified purpose.
Language is included under the Federal Railroad
Administration, `Consolidated Rail Infrastructure and Safety
Improvements' that provides funds, provides funding
availability, and allows the Secretary to withhold funding for
a specified purpose.
Language is included under the Federal Railroad
Administration, `Northeast Corridor Grants to the National
Railroad Passenger Corporation' that provides funds, provides
funding availability, and specifies a funding level for
activities.
Language is included under the Federal Railroad
Administration, `National Network Grants to the National
Railroad Passenger Corporation' that provides funding, funding
availability, and specifies a funding level for specified
activities.
Section 150 limits overtime to $35,000 per employee; allows
Amtrak's president to waive this restriction for specific
employees for safety or operational efficiency reasons;
requires quarterly notification to the House and Senate
Committees on Appropriations on waivers granted for overtime
and specified information related to overtime; requires the
president of Amtrak to provide a report that includes specified
information on overtime payments incurred for 2017 and three
prior years.
Section 151 prohibits funding for high speed rail in
California or for the California High Speed Rail authority or
to administrator a grant with the Authority that contains a
tapered matching requirement.
Section 152 prohibits funds to take any actions related to
high speed rail in California unless the Surface Transportation
Board issues the permit for the entire project.
Language is included under Federal Transit Administration,
`Administrative expenses' specifying amounts for certain
activities, prohibiting a permanent office of transit security,
and directing the submission of the annual report on new
starts.
Language is included under Federal Transit Administration,
`Transit formula grants' that provides a limitation on
obligations from the Highway Trust Fund, and provides for the
liquidation of contract authority.
Language is included under Federal Transit Administration
`Technical assistance and training' that specifies amounts for
certain activities.
Language is included under Federal Transit Administration,
`Capital investment grants' that changes the period of
availability of funds, and requires the Secretary to continue
to administer the capital investment grant program pursuant to
49 U.S.C. 5309.
Language is included under Federal Transit Administration,
`Washington metropolitan area transit authority' that changes
the period of availability of funds, requires the Secretary to
review projects before a grant is made, requires the Secretary
to determine that WMATA has placed the highest priority on
safety investments and has eliminated financial management
issues, requires the Secretary to place the highest priority on
safety investments, and allows the Secretary to waive the
requirement for cellular phone service.
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds appropriated for capital
investment grants and bus and bus facilities not obligated by a
certain date, plus other recoveries to be available for other
projects under 49 U.S.C. 5309.
Section 162 allows for the transfer of prior year
appropriations from older accounts to be merged into new
accounts with similar, current activities.
Section 163 prohibits funds for a certain fixed guideway
project in Houston, Texas.
Section 164 prohibits a full funding grant agreement for a
project with a new starts share greater than 50 percent.
Language is included under the Saint Lawrence Seaway
Development Corporation that authorizes expenditures,
contracts, and commitments as may be necessary.
Language is included under the Saint Lawrence Seaway
Development Corporation `Operations and maintenance' that
provides funds derived from the Harbor Maintenance Trust Fund,
and specifies a certain amount for asset renewal activities.
Language is included under Maritime Administration,
`Maritime security program' that provides funds and funding
availability to preserve a U.S. flag merchant fleet.
Language is included under Maritime Administration,
`Operations and training' that provides specific funds for
state maritime academies, a national security multi-mission
vessel design, student incentive program payments, training
ship fuel assistance payments, maritime environment and
technology assistance, capital improvements at the United
States Merchant Marine Academy, and the State Maritime Schools
Schoolship Maintenance and Repair; and requires a report on
sexual assault and harassment at the United States Merchant
Marine Academy.
Language is included under Maritime Administration,
`Assistance to Small Shipyards' that provides funding, funding
availability, Notice of Funding Availability and grant timing
requirements, and specifies funds for grant administration.
Language is included under Maritime Administration, `Ship
Disposal' that provides funds and funding availability.
Language is included under Maritime Administration,
`Maritime guaranteed loan (title XI) program account' that
provides funds and transfers funds to ``National Surface
Transportation and Innovative Finance Bureau.''
Section 170 allows the Maritime Administration to furnish
utilities and services and make repairs to any lease, contract,
or occupancy involving government property under the control of
MARAD.
Section 171 continues a provision regarding MARAD ship
disposal.
Section 172 modifies penalty wages regarding foreign and
intercoastal voyages and coastwise voyages.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Operational expenses' which provides
funding for operations.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Hazardous materials safety' which funds
hazardous and materials safety functions, limits the period of
availability, allows up to $800,000 in fees collected under 49
U.S.C. 5108(g) to be deposited in the general fund of the
Treasury as offsetting receipts, and credits to the
appropriation for the account funds received from states,
counties, other public authorities, and private sources for
certain expenses.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Pipeline safety' which specifies
amounts derived from the pipeline safety fund, the oil spill
liability trust fund, and the underground natural gas storage
facility safety account; and limits the period of availability.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Emergency preparedness grants' which
specifies the amount derived from the Emergency Preparedness
Fund; limits the availability of some funds; allows up to four
percent of funds made available for administrative costs;
prohibits funds from being obligated by anyone other than the
Secretary or a designee of the Secretary; and makes prior year
recoveries available for certain activities.
Language is included under Office of Inspector General,
`Salaries and expenses' that provides the Inspector General
with all necessary authority to investigate allegations of
fraud by any person or entity that is subject to regulation by
the Department of Transportation, the authority to investigate
unfair or deceptive practices and unfair methods of competition
by domestic and foreign air carriers and ticket agents, and
allows funds to be available from forfeiture proceedings.
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 183 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 184 prohibits DOT from using funds for a grant,
letter of intent, loan commitment, loan guarantee commitment,
line of credit commitment of full funding grant agreement, of
$500,000 or more unless DOT gives a 3-day advance notice and a
compressive list to Congress. Also requires notice of any
``quick release'' of funds from FHWA's emergency relief
program. Prohibits notifications from involving funds not
available for obligation.
Section 185 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 186 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to be
made available to cover expenses incurred in recovery of such
payments.
Section 187 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 188 allows funds appropriated to modal
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to that modal administration.
Section 189 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 190 prohibits the use of funds to implement any
geographic, economic, or other hiring preference not otherwise
authorized by law, unless certain requirements are met related
to availability of local labor, displacement of existing
employees, and delays in transportation plans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Language is included under Department of Housing and Urban
Development, `Management and administration' which designates
funds for `Executive offices'; designates funds for
`Administrative support offices'; specifies funding for shared
service agreements, the office of the chief operations officer,
the office of the chief financial officer, the office of the
general counsel, the office of administration, the office of
the chief human capital office, the office of field policy and
management, the office of the chief procurement officer, the
office of the departmental equal employment opportunity, the
office of strategic planning and management, and the office of
the chief information officer; provides flexibility to transfer
any remaining funds to any office under the same heading or
under the heading `Program office salaries and expenses';
allows for the transfer of a certain amount to the information
technology fund; limits official reception and representation
expenses to $25,000; allows funds to be used for certain
administrative and non-administrative expenses; and allows
funds to be used for advertising and promotional activities
that directly support program activities funded in this title.
Language is included under Department of Housing and Urban
Development, `Program office salaries and expenses' which
specifies funds for the office of public and indian housing,
the office of community planning and development, the office of
housing, the office of policy development and research, the
office of fair housing and equal opportunity, and the office of
lead hazard control and healthy homes.
Language is included under Department of Housing and Urban
Development, `Tenant-based rental assistance' which specifies
funds for certain programs, activities and purposes and limits
the use and availability of certain funds; specifies the
methodology for allocation of renewal funding; directs the
Secretary to provide renewal funding based on validated voucher
system leasing and cost data for the prior year; prohibits
funds to exceed a public housing agency's authorized level of
units under contract, except for those participating in the
Moving to Work demonstration; directs the Secretary, to the
extent necessary, to prorate each public housing agency's (PHA)
allocation; directs the Secretary to notify PHAs of their
annual budget the later of 60 days after enactment of the Act
or March 1, 2018; allows the Secretary to extend the
notification period with the prior approval of the House and
Senate appropriations committees; specifies the amounts
available to the Secretary to allocate to PHAs that need
additional funds and for fees; specifies the amount for
additional rental subsidy due to unforeseen emergencies and
portability; provides funding for public housing agencies with
vouchers that were not in use during the previous 12 month
period in order to be available to meet a commitment pursuant
to section 8(o)(13); and provides funding for public housing
agencies that despite taking reasonable measures, would
otherwise be required to terminate assistance for families as a
result of insufficient funding.
Language is included under Department of Housing and Urban
Development, `Tenant-based rental assistance' which provides
funds for tenant protection vouchers; sets certain conditions
for the Secretary to provide such vouchers; provides funds for
residents of multi-family properties that would not otherwise
have been eligible for tenant-protection vouchers; sets
eligibility requirements for multi-family properties to
participate in the program; sets conditions for the reissuance
of vouchers, and allows the Secretary to use unobligated and
recaptured funds from prior years.
Language is included under Department of Housing and Urban
Development, `Tenant-based rental assistance' which provides
funds for administrative and other expenses of public housing
agencies to administer the section 8 tenant-based rental
assistance program; sets an amount to be available to PHAs that
need additional funds to administer their section 8 programs,
including fees to administer tenant protection assistance,
disaster related vouchers, Veterans Affairs Supportive Housing
vouchers and other special purpose vouchers; provides for the
distribution of funds; provides for a uniform percentage
decrease of amounts to be allocated if funds are not
sufficient; establishes that `Moving to Work' (MTW) agencies be
funded pursuant to their MTW agreements; provides funds for
section 811 mainstream vouchers; specifies that the Secretary
shall track special purpose vouchers including a minimum
renewal amount for vouchers targeted at veterans; provides
funds for rental assistance and administrative costs associated
with tribal veteran vouchers subject to certain conditions; and
provides funds for the modernization of PHA information
technology systems and allows the Secretary to transfer amounts
to the `Public housing capital fund' account for the same
purpose.
Language is included under Department of Housing and Urban
Development, `Housing certificate fund' which rescinds prior
year funds and allows the Secretary to use recaptures to fund
project-based contracts and contract administrators.
Language is included under Department of Housing and Urban
Development, `Public housing capital fund' which specifies the
total amount available for certain activities; limits the
availability of funds; limits the delegation of certain waiver
authorities; specifies an amount for ongoing Public Housing
Financial and Physical Assessment activities of the Real Estate
Assessment Center; specifies an amount for judicial
receiverships, specifies an amount for emergency capital needs;
specifies an amount for supportive services; specifies the
amount for a Jobs-plus Pilot initiative and specifies that the
initiative shall provide competitive grants; specifies that the
Secretary may waive or specify alternative requirements; and
specifies that the Secretary shall public notice of any waiver
or alternative requirement; establishes a limitation on amounts
that can be transferred; makes funds available for bonuses for
high performing PHAs; and establishes requirements for
notification of public housing agencies' formula allocations.
Language is included under Department of Housing and Urban
Development, `Public housing operating fund' which specifies
the total amount available for certain activities; and modifies
the period of availability.
Language is included under Department of Housing and Urban
Development, `Choice neighborhoods initiative' which allows the
Secretary to make competitive grants for neighborhood
rehabilitation; changes the availability of funds; allows funds
to be used for services, development, and housing; declares
funds not for ``public housing''; requires a period of
affordability; requires local planning and cost share; allows
local governments, tribal entities, public housing authorities
and non-profits to be grantees; allows for-profits to partner
and apply with a public entity; requires grantees to partner
with local organizations; establishes conditions for
environmental review; requires grantees to create partnerships
with other local organizations; requires the Secretary to
consult with other federal agencies; and allows prior year
program funds and HOPE VI funds to be used for this program.
Language is included under Department of Housing and Urban
Development, `Family self-sufficiency' which allows the
Secretary to waive or specify certain requirements, establishes
entities eligible to compete for funding, allows the
establishment of escrow funds, and allows the use of residual
receipt accounts to hire coordinators.
Language is included under Department of Housing and Urban
Development, `Native American housing block grants' which
limits the availability of funds; specifies the formula for
allocation; specifies amounts for training and technical
assistance; specifies an amount to support the inspection of
Indian housing units; specifies an amount to guarantee notes
and obligations as defined in section 502 of the Congressional
Budget Act of 1974; specifies that grantees are to be notified
of their allocation within 60 days of enactment; and makes
adjustments to certain recipient allocations under certain
conditions without a regulation.
Language is included under Department of Housing and Urban
Development, `Indian housing loan guarantee fund program
account' which specifies the amount and availability of funds
to subsidize total loan principal, specifies how to define the
costs of modifying loans, and provides a dedicated amount for
administrative expenses.
Language is included under Department of Housing and Urban
Development, `Housing opportunities for persons with AIDS'
which limits availability of funds and sets forth certain
requirements for the allocation of funds, renewal of contracts,
and grantee notification.
Language is included under Department of Housing and Urban
Development, `Community development fund' which limits the use
and availability of certain funds; specifies the allocation of
certain funds; prohibits grant recipients from selling, trading
or transfer funds; prohibits the provision of funds to for-
profit entities unless certain conditions are met; specifies
the amount made available for grants to federally-recognized
Indian tribes; prohibits funding for grants under the Economic
Development Initiative, Neighborhood Initiatives, Rural
Innovation Fund, and Section 107 of the Housing and Community
Development Act of 1974; and requires grantee notification of
formula allocations within 60 days of enactment.
Language is included under Department of Housing and Urban
Development, `Community development loan guarantees program
account' which limits the principal amount of loan guarantees,
directs the Secretary to collect fees from borrowers adequate
to result in credit subsidy cost of zero, and rescinds all
unobligated balances of budget authority previously
appropriated or recaptured under the account.
Language is included under Department of Housing and Urban
Development, `Home investment partnerships program' which
limits the availability of funds; specifies the allocation of
certain funds for certain purposes; specifies multiple
oversight requirements from prior acts that are not effective
for projects committed on or after August 23, 2013 and shall
instead by governed by the Final Rule entitled `Home Investment
Partnerships Program; Improving Performance and Accountability;
Updating Property Standards'; and requires grantee notification
within 60 days of enactment.
Language is included under Department of Housing and Urban
Development, `Self-help and assisted homeownership opportunity
program' which specified funding amounts for certain programs,
limits the period of availability, and specifies certain
amounts for rural activities and organizations.
Language is included under Department of Housing and Urban
Development, `Homeless assistance grants' which limits the
availability of funds; specifies the allocation of certain
funds for certain purposes; specifies matching requirements;
requires the Secretary to establish minimum performance
thresholds for projects, prohibits the Secretary from funding
continuum of care contract renewals unless certain requirements
are met; requires the Secretary to prioritize funding to grant
applicants that demonstrate a capacity to reallocate funding to
higher performing projects; requires grantees to integrate
homeless programs with other social service providers; allows
certain funds to be administered by private non-profit
organizations; allows unobligated balances and recaptures from
certain project-based rental assistance grants and shelter plus
care renewals to be used; requires notification of formula
allocations within 60 days of enactment; and makes allowances
for youth under the age of 24 who are served by the program.
Language is included under Department of Housing and Urban
Development, `Project-based rental assistance' which limits the
availability of funds and specifies the allocation of certain
funds for certain purposes; and allows the Secretary to
recapture residual receipts from certain properties.
Language is included under Department of Housing and Urban
Development, `Housing for the elderly' which limits the
availability of funds; specifies the allocation of certain
funds; designates certain funds to be used only for certain
grants; allows funds to be used for specified inspections or
inspection-related activities; allows funds to be used to renew
certain contracts; allows the Secretary to waive certain
provisions governing contract terms; allows excess funds held
in residual receipts accounts, after contract termination, to
be deposited in this account, and limits the availability and
use of these funds.
Language is included under Department of Housing and Urban
Development, `Housing for persons with disabilities' which
limits the availability of funds; specifies the allocation of
certain funds; allows funds to be used for inspections or
inspection-related activities; allows funds to be used to renew
certain contracts; allows funds held in residual account, after
contract termination, to be deposited in this account, and
limits the availability and use of these funds.
Language is included under Department of Housing and Urban
Development, `Housing counseling assistance' that provides
funds for described purposes, limits the availability of funds,
specifies amounts to be used for specified purposes, requires
the Secretary to make grants within a specified time frame, and
allows multiyear agreements subject to the availability of
annual appropriations.
Language is included under Department of Housing and Urban
Development, `Rental housing assistance' that limits the
availability of funds and allows the Secretary to use specified
unobligated balances, including recaptures, carryover and other
specified remaining funds for specified purposes.
Language is included under Department of Housing and Urban
Development, `Payment to manufactured housing fees trust fund'
that limits the availability of funds from specified sources;
permits fees to be assessed, modified, and collected; permits
temporary borrowing authority from the general fund of the
Treasury; provides that general fund amounts from collections
offset the appropriation so that the resulting appropriation is
a specified amount; requires fees collected to be deposited
into the Manufactured Housing Fees Trust Fund; allows fees to
be used for necessary expenses; and allows the Secretary to use
approved service providers.
Language is included under the Department of Housing and
Urban Development, `Mutual mortgage insurance program account'
which limits new commitments to issue guarantees, limits the
obligations to make direct loans, specifies funds for specific
purposes, specifies that the Secretary may insure specific
mortgages only under certain conditions; specifies the extent
that the commitment levels allows for additional contract
expenses, and limits the availability of funds.
Language is included under Department of Housing and Urban
Development, `General and special risk program account' which
sets a loan principal limitation on new commitments to
guarantee loans, limits the obligations to make direct loans,
specifies funds for specific purposes, and limits the
availability of funds.
Language is included under Department of Housing and Urban
Development, `Government national mortgage association' which
limits new commitments to issue guarantees, provides funds for
salaries and expenses, allows specified receipts to be credited
as offsetting collections, allows for additional contract
expenses as guaranteed loan commitments exceed certain levels,
and limits the availability of funds.
Language is included under Department of Housing and Urban
Development, `Policy development and research' which limits the
availability of funds, specifies authorized uses, and directs
the submission of a spend plan.
Language is included under Department of Housing and Urban
Development, `Fair housing and equal opportunity' which limits
the availability of funds, authorizes the Secretary to assess
and collect fees, places restrictions on the use of funds for
lobbying activities, and provides funds for programs that
support the assistance of persons with limited English
proficiency.
Language is included under Department of Housing and Urban
Development, `Office of lead hazard control and healthy homes'
which changes the period of availability of funds, specifies
the amount of funds for specific purposes, specifies the
treatment of certain grants, and specifies a matching
requirement for grants.
Language is included under Department of Housing and Urban
Development, `Information technology fund' which changes the
period of availability and purpose of funds, including funds
transferred.
Language is included under Department of Housing and Urban
Development, `Office of Inspector General' which specifies the
use of funds and directs that the IG shall have independent
authority over all personnel issues within the office.
Section 201 splits overpayments evenly between Treasury and
State HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of 1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2019 be submitted in the
identical account and sub-account structure provided in this
Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility and includes consideration for persons
with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 213 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 214 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 215 allows the Section 108 loan guarantee program
to guarantee notes or other obligations issued by any State on
behalf of non-entitlement communities in the State.
Section 216 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 217 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limit established in QHWRA.
Section 218 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 219 requires the Secretary to publish all notice of
funding availability that is competitively awarded on the
internet for fiscal year 2018.
Section 220 limits attorney fees and requires the
Department to submit a spend plan to the House and Senate
Committees on Appropriations.
Section 221 allows the Secretary to transfer up to 10
percent of funds or $4,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Office Salaries and Expenses'' to any other office
funded under such headings.
Section 222 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 223 places a salary and bonus limit on public
housing agency officials and employees.
Section 224 prohibits the use of funds for the doctoral
dissertation research grant program at HUD.
Section 225 extends the HOPE VI program to September 30,
2018.
Section 226 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 227 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 228 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 229 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants.
Section 230 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 231 prohibits funds to be used for financial awards
for employees subject to administrative discipline.
Section 232 allows program income as an eligible match for
2016, 2017, and 2018 Continuum of Care funds.
Section 233 permits HUD to provide one year transition
grants under the continuum of care program.
Section 234 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
Section 235 extends the mark to market program to September
30, 2022.
Section 236 prohibits new guarantees or insurance on
properties with a PACE loan that is or has the potential to be
in a superior lien position compared to the mortgage guaranteed
or insured under the MMI fund.
Section 237 expands authorities under the Rental Assistance
Demonstration program.
TITLE III--RELATED AGENCIES
Language is included for the Access Board, `Salaries and
expenses' that limits funds for necessary expenses and allows
for the credit to the appropriation of funds received for
publications and training expenses.
Language is included for the Federal Maritime Commission,
`Salaries and expenses' that provides funds for services
authorized by 5 U.S.C. 3109, the hire of passenger motor
vehicles, uniforms and allowances; and limits funds for
official reception and representation expenses.
Language is included for the National Railroad Passenger
Corporation, Office of Inspector General, `Salaries and
expenses' that provides funds for an independent, objective
unit responsible for detecting and preventing fraud, waste,
abuse, and violations of law; promotes economy, efficiency and
effectiveness at Amtrak; allows the IG to enter into contracts;
select, appoint or employ officers and employees to carry out
its functions; and requires the IG to submit its budget request
concurrently with the President's budget and in a similar
format.
Language is included under National Transportation Safety
Board, `Salaries and expenses' that provides funds for hire of
passenger motor vehicles and aircraft, services authorized by 5
U.S.C. 3109, uniforms or allowances therefore, limits funds for
official reception and representation expenses and allows funds
to be used to pay for costs associated with a capital lease.
Language is included in the Neighborhood Reinvestment
Corporation (NRC), `Payment to the neighborhood reinvestment
corporation' that specifies the allocation of funds.
Language is included for the United States Interagency
Council on Homelessness, `Operating expenses' that provides
funds for closure of the Council.
Language is included under Surface Transportation Board,
`Salaries and expenses' allowing the collection of a specified
level of fees established by the Chairman of the Surface
Transportation Board, and providing that the sum appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such fees are received.
TITLE IV--GENERAL PROVISIONS, THIS ACT
Section 401 prohibits pay and other expenses for non-
Federal parties intervening in regulatory or adjudicatory
proceedings.
Section 402 prohibits obligations beyond the current fiscal
year and prohibits transfers of funds unless expressly so
provided herein.
Section 403 limits consulting service expenditures in
procurement contracts to those contained in the public record.
Section 404 prohibits employee training not directly
related to the performance of official duty.
Section 405 specifies requirements for reprogramming funds.
Section 406 provides that fifty percent of unobligated
balances for salaries and expenses may remain available for
certain purposes, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this Act.
Section 409 prohibits funds in this Act from being used to
permanently replace an employee intent on returning to his or
her past occupation after completion of military service.
Section 410 prohibits funds in this Act from being used,
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being appropriated or made
available to any person or entity that has been convicted of
violating the Buy American Act.
Section 412 prohibits funds for first-class airline
accommodations in contravention of sections 301-10.122 and 301-
10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
funded in this Act may send to international conferences.
Section 415 caps the amount of fees the Surface
Transportation Board can charge and collect for rate or
practice complaints filed at the amount authorized for court
civil suit filing fees.
Section 416 rescinds unobligated salaries and expenses
balances from various accounts.
Section 417 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 418 establishes a spending reduction account.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned (dollars in
thousands):
Appropriations Not Authorized by Law and Expiring Authorizations
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Appropriations in
Program Last year of Authorization last year of Appropriations in
authorization Level authorization this bill
----------------------------------------------------------------------------------------------------------------
Title I--Department of Transportation\1\
Office of the Secretary:
Payments to Air Carriers\1\..... 2017 $175,000 $150,000 $150,000
Federal Aviation Administration:\1\
Operations...................... 2017 9,909,724 10,025,852 10,185,482
Facilities and Equipment........ 2017 2,855,000 2,855,000 2,855,000
Research, Engineering, and 2017 166,000 176,500 170,000
Development....................
Grant-in-Aid for Airports....... 2017 3,350,000 3,350,000 3,350,000
Federal Railroad Administration:
Safety and Operations........... 2013 293,000 169,254 218,298
Maritime Administration:
Operations and Training\2\...... 2017 224,146 175,560 175,620
Ship Disposal\2\................ 2017 20,000 34,000 9,000
Maritime Security Program\2\.... 2017 299,997 300,000 300,000
Assistance to Small Shipyards... 2017 30,000 10,000 3,000
Title XI\2\..................... 2017 3,000 3,000 3,000
----------------------------------------------------------------------------------------------------------------
\1\The FAA Extension, Safety, and Security Act of 2016 (P.L. 114-190) extends FAA Authorities through September
30, 2017.
\2\Reflects authorized amounts associated with maintaining national security aspects of the merchant marine per
Pub. L. 114-328.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Title II--Department of Housing and Urban Development
Management and Administration....... 1994 $1,029,496 $916,963 $1,350,671
Rental Assistance:
Section 8 Voucher Renewals and 1994 8,446,173 5,458,106 20,486,725
Administrative Expenses........
Public Housing Capital Fund..... 2003 3,000,000 2,712,555 1,850,000
Public Housing Operating Fund... 2003 2,900,000 3,576,600 4,400,000
Native American Housing Block Grants 2013 Such sums as 616,001 654,000
necessary
Indian Housing Loan Guarantee Fund.. 2012 Such sums as 6,000 7,227
necessary
Housing Opportunity for Persons with 1994 156,300 156,000 356,000
Aids...............................
Community Development Fund.......... 1994 4,168,000 4,877,389 2,960,000
Community Development Loan Guarantee 1994 not applicable not applicable [300,000]
Limitation.........................
Home Investment Partnerships Program 1994 2,173,612 1,275,000 850,000
Choice Neighborhoods Initiatives.... never not applicable not applicable 20,000
Self-Help Homeownership Opportunity 2001 Such sums as 48,000 45,000
Program............................ necessary
Homless Assistance.................. 2011 Such sums as 1,901,190 2,383,000
necessary
Housing for the Elderly............. 2003 Such sums as 783,286 573,000
necessary
Housing for Persons with 2015 300,000 135,000 147,000
Disabilities.......................
FHA General and Special Risk Program
Account:
Limitations on Guaranteed Loans. 1995 Such sums as [20,885,072] [30,000,000]
necessary
Limitation on Direct Loans...... 1995 Such sums as [220,000] [5,000]
necessary
GNMA Mortgage Backed Securities Loan
Guarantee Program Account:
Limitations on Guaranteed Loans. 1996 [110,000,000] [110,000,000] [500,000,000]
Administrative Expenses......... 1996 Such sums as 9,101 25,400
necessary
Policy Development and Research..... 1994 36,470 35,000 85,000
Fair Housing Activities, Fair 1994 26,000 20,481 65,300
Housing Program....................
Lead Hazard Reduction Program....... 1994 250,000 150,000 130,000
Title III--Related Agencies
National Transportation Safety Board 2008 92,625 84,499 106,000
Neighborhood Reinvestment 1994 30,714 31,715 140,000
Corporation........................
----------------------------------------------------------------------------------------------------------------
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DIRECTED RULE MAKING
The bill does not direct any rule making.
COMPARISON WITH THE BUDGET RESOLUTION
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and Section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocations under section 302(b) of the Budget
Act:
BUDGET IMPACT OF FY 2017 TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS BILL
PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93-344, AS
AMENDED
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
---------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with Committee allocations
to its subcommittees: Subcommittee on Transportation,
Housing and Urban Development, and Related Agencies
Mandatory............................................... 0 0 0 \1\0
Discretionary........................................... 56,512 121,000 56,512 120,943
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
FIVE-YEAR OUTLAY PROJECTIONS
Pursuant to section 308(a)(1)(B) of the Congressional
Budget Act of 1974, the following table contains five-year
projections prepared by the Congressional Budget Office of
outlays associated with the budget authority provided in the
accompanying bill:
[In millions of dollars]
Projection of outlays associated with the
recommendation:
2018............................................. \2\42,199
2019............................................. 37,122
2020............................................. 15,007
2021............................................. 6,314
2022 and future years............................ 9,091
\2\Excludes outlays from prior-year budget authority.
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
Pursuant to section 308(a)(1)(C) of the Congressional
Budget Act of 1974, the amounts of financial assistance to
State and local governments is as follows:
[In millions of dollars]
------------------------------------------------------------------------
Budget Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and 32,331 \2\32,174
local governments for 2018.......
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
MINORITY VIEWS OF NITA M. LOWEY AND DAVID E. PRICE
The impact of the Republican majority's self-imposed
austerity is on full display in the Fiscal Year 2018
appropriations bill for the Subcommittee on Transportation,
Housing and Urban Development and Related Agencies (T-HUD).
This year's bill includes $56.5 billion for critical
transportation, housing, and community development programs--a
$1.1 billion reduction compared to current levels. This year's
T-HUD allocation is insufficient to address our nation's
housing and infrastructure challenges. Where boldness and
leadership are required, this bill offers timidity and the
status quo.
In each of our districts, we have examples of damaged
roads, structurally deficient bridges, and aging transportation
systems. We have a shortage of affordable housing and aging
public housing properties in need of repair. Robust investments
in infrastructure and community development would address these
shortfalls and put people to work, improve safety and boost
economic growth. The American Society of Civil Engineers' most
recent report gave U.S. infrastructure a D+ grade and
identified a $2 trillion investment gap over the next decade.
Our infrastructure continues to deteriorate at an alarming
rate, causing congestion on our roads, delays at our airports,
and bottlenecks at our ports. Throughout the campaign and in
his first days in office, the President assured Americans that
infrastructure was a priority for his administration. Yet, the
President and his Republican Congress, in an appropriations
bill that should robustly fund the modernization of our
infrastructure, advanced a hollow shell that puts us even
further behind in modernizing American transport.
This bill eliminates the successful and popular TIGER
grants program and drastically cuts Capital Investment Grants
when there is a crisis on the rails for commuters and train
travelers in the New York metro area and around the country. If
the Republican majority continues to neglect infrastructure
that is crumbling before our very eyes, it will only get more
expensive to address in the future and will become more
dangerous for all Americans.
We are in the midst of a housing crisis. Millions of
Americans struggle to pay rent as wages fail to rise as quickly
as housing costs. Yet, Community Development Block Grants
(CDBG) and the HOME program, both lauded by local elected
officials around the country for their flexibility and
effectiveness, are each cut by $100 million. The Public Housing
Capital Fund, Lead Hazard Control, and the Section 4 Capacity
Building Program utilized by Habitat for Humanity and other
nonprofits to expand their reach are all cut. Some estimates
suggest that the funding levels in this bill could result in
the loss of more than 140,000 housing vouchers. This would have
a horrible impact on low-income families, putting them at
immediate risk of eviction and, in the worst cases,
homelessness.
During full committee consideration of the bill, Democrats
offered amendments to improve the bill and invest in America's
infrastructure and working families. Republicans defeated each
of these amendments on a party-line vote.
Mr. Price offered a comprehensive amendment that would
invest $200 billion in America's highways, rail, transit, and
housing infrastructure. It would have provided funding to
repair aging bridges, repair our roads, and to modernize our
airports and our airspace. Rather than confront the
infrastructure challenges head-on, Republicans defeated the
amendment.
Republicans also rejected amendments from Mrs. Lowey that
would have removed more lead hazards from homes and made
commuter railroads safer as well as other Democratic amendments
to increase CDBG and HOME, bolster our public housing stock,
protect vulnerable populations, advance homelessness prevention
efforts, and invest in more transit. We look forward to
addressing these shortcomings as the process moves forward.
The bill also contains several controversial policy riders
that unnecessarily attack high speed rail, roll back
transportation safety protections for the traveling public, and
harm labor rights. Many of these issues were considered and
rejected during consideration of the FY 2017 omnibus
negotiations. Mr. Price offered an amendment to strip these
riders at Full Committee markup, which the majority rejected.
In recent years, this bill has become a Court of Appeals for
the trucking industry, re-litigating issues in the
Appropriations Committee rather than addressing them through
the authorizing process. We strongly object to including these
riders in the bill.
The Chairman was dealt a very difficult hand with an
inadequate allocation, but he deserves recognition for some key
investments. The T-HUD bill sustains basic safety activities at
DOT and provides funding increases to Housing for the Elderly
and Housing for Persons with Disabilities. We also want to
thank the Chairman for including $20 million for the Choice
Neighborhoods Initiative. Funding this program nominally in the
base bill will give us a chance to improve this number as the
process moves forward, even though President Trump suggested
eliminating the program.
While the bill includes language to ensure FTA continues to
rate and review projects in the grant pipeline, this lower
funding level threatens the progress and viability of major
transit projects around the country.
The bill reflects the strong bipartisan consensus within
the Appropriations Committee that we must continue providing
the resources necessary to strengthen and modernize the air
traffic control system. The Federal Aviation Administration
received a $153 million increase over last year and a $434
million increase over the President's request. This consensus
is sorely lacking on the authorizing committee where
Republicans advanced a partisan and controversial plan that, if
implemented, would jeopardize NextGen's progress and hand over
billions of dollars in federal assets and control of the skies
to private industry.
In its current form, the bill represents a step in the
wrong direction. However, we remain hopeful that a new
bipartisan budget deal will be reached that makes it possible
to revise this legislation to garner bipartisan support. We
look forward to working with the Chairman toward this end in
the months ahead.
As the legislative process continues, we will do our best
to address the concerns described here. Without a larger
discussion of the Federal budget, it will be nearly impossible
to pass a Transportation, and Housing and Urban Development
appropriations bill for FY 2018 into law. The inadequacy of
this bill's allocation can only be fixed if Democrats and
Republicans negotiate new caps for spending that do not slash
the investments needed in this bill and others to support
working families and grow the economy. Unfortunately, to date,
Republicans are choosing to close ranks around a partisan
effort to cut programs depended on by millions of Americans
even though they know it will lead to another forced crisis to
keep the government open. Democrats stand ready to work with
Republicans on appropriations bills that invest in the American
people.
We all know that Democratic votes will be needed to reach a
spending agreement that can be enacted, When Republicans get
serious about that, we will be ready and willing to work with
our colleagues to make sure this bill better funds initiatives
that Americans rely on to pursue the American dream.
Nita M. Lowey.
David E. Price.
[all]