[House Report 114-129]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-129
===================================================================
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS BILL, 2016
_______
May 27, 2015.--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. 2577]
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, 2016.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of Transportation...................... 2
5
Title II--Department of Housing and Urban Development...... 71
70
Title III--Related Agencies................................ 141
102
Title IV--General Provisions............................... 148
107
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2016, 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 2016, and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2016.
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 26, 2016. 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 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. In the fiscal year 2015 report (H. Rpt. 113-
464) the Committee highlighted the lack of pertinent
information and detail and provided very clear direction:
the content has shrunk, especially in many salaries and
expenses accounts. Every dollar, full-time equivalent/
full-time position, and activity should be represented
and accounted for. Grant and technical assistance
accounts need more detail on how the funds were spent,
and are proposed to be spent.
However, the response from the various agencies, especially
some of the modal administrations in DOT, is woefully
deficient. This is not a complicated directive--just provide
substantive details on the request.
The Committee continues the direction that justifications
submitted with the fiscal year 2017 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 2017
to the fiscal year 2016 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
2017 budget request.
SURFACE AUTHORIZING LEGISLATION
In order to be aware of how funds are allocated and spent,
the Committee continues the direction to the Department of
Transportation to report to the Committees on Appropriations of
the House of Representatives and the Senate within 45 days of
enactment of any surface extension or reauthorization on how
the Department will enact the provisions of such extension or
reauthorization, the allocations by state, and the effects on
all the accounts in the Highway Trust Fund.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
Appropriation, fiscal year 2015....................... $105,000,000
Budget request, fiscal year 2016...................... 113,657,000
Recommended in the bill............................... 105,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -8,657,000
COMMITTEE RECOMMENDATION
The bill provides $105,000,000 for the salaries and
expenses of the offices comprising the Office of the Secretary
of Transportation (OST). The Committee's recommendation is the
same as the 2015 enacted level and $8,657,000 below the
request. The Committee's recommendation includes individual
funding for each of these offices as has been done in prior
years. The following table (dollars in thousands) compares the
fiscal year 2015 enacted level to the fiscal year 2016 budget
request and the Committee's recommendation by office. The
Committee strongly urges the Department to manage hiring and
attrition in 2015 to meet these levels for 2016. Reductions are
also encouraged in the areas of travel and contracts.
----------------------------------------------------------------------------------------------------------------
2015 Enacted 2016 Request 2016 House Bill
----------------------------------------------------------------------------------------------------------------
Office of the Secretary...................................... $2,696 $2,734 $2,734
Deputy Secretary............................................. 1,011 1,025 1,025
Executive Secretariat........................................ 1,714 1,769 1,769
Policy....................................................... 9,800 11,796 9,310
Small Business............................................... 1,414 -- --
Intelligence and Security.................................... 10,600 10,793 10,793
Chief Information Officer.................................... 15,500 16,880 15,937
General Counsel.............................................. 19,900 20,609 20,066
Government Affairs........................................... 2,500 2,546 2,500
Budget....................................................... 12,500 13,867 12,808
Administration............................................... 25,365 27,611 26,029
Public Affairs............................................... 2,000 2,029 2,029
Innovative Finance........................................... - - - 2,000 - - -
--------------------------------------------------
Total: Salaries and Expenses........................... 105,000 113,657* 105,000
----------------------------------------------------------------------------------------------------------------
*Differences due to rounding.
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 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 Small and Disadvantaged Business Utilization.--
The budget request proposed merging the Office of Small and
Disadvantaged Business Utilization with the appropriation for
Minority Business Outreach to create one office addressing the
needs of these stakeholders. The Committee's recommendation
reflects this reorganization and funds are provided under the
header ``Small and Disadvantaged Business Utilization and
Outreach.''
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. Increases over fiscal year 2015 are provided for
additional contractual services requirements, but not requested
new FTE.
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.
The bill continues a provision (Sec. 185) that requires the
Department to notify the Committees on Appropriations no fewer
than three business days before any discretionary grant award,
letter of intent, loan, loan guarantee, line of credit
commitment or full funding grant agreement totaling $750,000 or
more is announced by the Department or its modal
administrations from: (1) the Federal Highway Administration;
(2) the airport improvement program of the Federal Aviation
Administration; (3) the Federal Railroad Administration; (4)
any program of the Federal Transit Administration other than
the formula grants; (5) the Maritime Administration; and (6)
any grant funded with the National Infrastructure Investments
account. Such notification shall include the date on which the
official announcement of the grant is to be made and no such
announcement shall involve funds that are not available for
obligation. The habit adopted by this Administration of
selecting only certain congressional offices to receive the
benefit of a four day advance notice is disingenuous and
contrary to the spirit of the provision, which was created to
give all offices an equal notice for any award.
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. The funding
recommendation does not include new FTE.
Office of the Assistant Secretary for Budget and
Programs.--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. Increases
over fiscal year 2015 are provided for two new positions (one
FTE).
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. Increases
over fiscal year 2015 are provided to avoid furloughs, fully
fund rent expenses, and add two full year positions.
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 Assistant Secretary for Innovative Finance.--
The Committee's recommendation does not include $2,000,000 as
requested to create this new office. The Department is
encouraged to continue evaluating public-private partnerships
and financing at the modal level and meetings of the Credit
Council.
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.
The Department's fiscal year 2016 OST budget request
contained a number of new offices, FTE, and programs--new
safety offices, a new and expanded permitting office, and a new
group of data and technology experts, just to name a few. In
the view of this Committee, even in a non-sequester budget
environment, these offices are nothing but bureaucratic
redundancy. Nowhere in the budget justifications for the
creation of these new offices did the Department describe what
savings would be achieved by the creation of new offices.
Instead, the Department offered that these new offices would
exist to oversee and coordinate with existing offices, or
formalize and expand on working groups already working well.
The Committee seeks to streamline Department operations and
eliminate waste and duplication in order to keep down the costs
of government. The Committee directs OST specifically, and the
Department as a whole generally, to look across the various
offices to identify how to better coordinate cross-cutting
issues within existing resources. Further, the Committee
directs OST to give a serious look to how the Office of Policy,
the Research and Technology office, and the Transportation
Planning, Research and Development office can realign their
existing resources to better meet critical and relevant issues
and avoid redundancy and duplication. There are plenty of
resources in terms of FTE and funds. The Department needs to
better align those resources to address the Nation's
priorities.
Equipage loan guarantee.--Section 221 of the FAA
Modernization and Reform Act of 2012 proposed a loan guarantee
program to equip aircraft with the avionics required to meet
the mandate that all aircraft be equipped with ``ADS-B Out''
avionics by 2020. The Committee directs the Secretary of
Transportation to work with stakeholders to evaluate how such a
loan guarantee program can address the outstanding need for
general aviation avionics upgrades required to meet the 2020
deadline. In addition, the Secretary is directed to provide a
report to the Committee that outlines the policies, procedures,
and organizational structure required to establish such a loan
guarantee program no later than 180 days after enactment of
this Act.
Congressional budget justifications.--It's a stunning
revelation to consider how much effort and resources are spent
at a staff level every year crafting budgets that are based on
mythical encompassing authorizing legislation that may or may
not get submitted to the Congress, and has little chance of
getting enacted. A better use of resources would be to
effectively and efficiently account for the funds provided and
first submit a budget in line with existing accounts.
The Department is directed to include in the budget
justification funding levels for the prior year, current year,
and budget year for all programs, activities, initiatives, and
program elements. Each budget submitted by the Department must
also include a detailed justification for the incremental
funding increases and additional FTEs being requested above the
enacted level, by program, activity, or program element.
OST must include a discussion in its justification of
changes from the current year to the request, plus a crosswalk
of all accounts, existing and proposed, from one year to the
next. To ensure that each adjustment is identified, the
Committee directs OST in future congressional justifications to
include detailed information in tabular format, which
identifies specific changes in funding from the current year to
the budget year for each office, including each office within
OST, and every mode and office within the Department.
Operating plan.--The Committee directs the Department to
submit an operating plan for fiscal year 2016 signed by the
Secretary for review by the Committees on Appropriations within
60 days of the bill's enactment. 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.
General provisions.--The Committee renews its direction to
justify each general provision proposed either in its relevant
modal congressional justification or in the OST congressional
justification. If the budget proposes to drop or delete a
general provision, the Department is directed to explain the
change as well. Several modal budget volumes, including OST,
failed to comply with this very simple and basic requirement.
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, limits reception and
representation expenses to $60,000, and allows for a transfer
of up to five percent between offices.
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2015....................... $13,000,000
Budget request, fiscal year 2016...................... 14,582,000
Recommended in the bill............................... 11,386,000
Bill compared with:
Appropriation, fiscal year 2015..................... -1,614,000
Budget request, fiscal year 2016.................... -3,196,000
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 $11,386,000 for
research and technology activities, $3,196,000 below the budget
request and $1,614,000 below fiscal year 2015. The
recommendation does not include new FTE or funds to realign
cost share percentages between offices and functions under this
header.
NATIONAL INFRASTRUCTURE INVESTMENT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2015....................... $500,000,000
Budget request, fiscal year 2016...................... 1,250,000,000
Recommended in the bill............................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -400,000,000
Budget request, fiscal year 2016.................... -1,150,000,000
The National Infrastructure Investment program (also know
as TIGER grants) was created in the American Recovery and
Reinvestment Act (ARRA) to provide grants to state and local
governments to improve the Nation's transportation
infrastructure. The infrastructure investment program awards
funds on a competitive basis to grantees selected because of
the significant impact they will have on the Nation, a
metropolitan area, or region.
COMMITTEE RECOMMENDATION
The Committee recommends $100,000,000 for National
Infrastructure Investment grants, $400,000,000 below the 2015
level and $1,150,000,000 below the request. Funds are
discretionary from the General Fund of the Treasury and
available until September 30, 2018.
The Committee provides funds for highway and bridge
projects, transit projects, freight rail projects, and port
infrastructure investments, including land ports of entry--the
most critical areas to preserving, expanding, and improving our
Nation's transportation infrastructure. The bill retains
language directing an equitable distribution of funds and
stipulates that not less than 10 percent of the funds shall be
for projects in rural areas. Further, not more than 20 percent
of the funds may be awarded to projects in a single state. Up
to 20 percent of the funds may be used for the subsidy and
administrative costs of projects eligible for Transportation
Infrastructure Finance and Innovation Act assistance. Bill
language is included to limit grants to a minimum of $2,000,000
and a maximum of $15,000,000 in urban areas, and a minimum of
$1,000,000 in rural areas. The Federal share for projects
funded under this header is limited to 50 percent of the
project cost in urban areas, and 80 percent in rural areas. The
Secretary is directed to give priority to projects that require
a Federal contribution to complete overall financing. All
projects must comply with subchapter IV of chapter 31 of title
40, United States Code. Further, the Secretary may utilize up
to $5,000,000 of the funds available to fund the oversight and
administrative requirements in the various modes.
The Department is directed to report to the Committees on
Appropriations by June 30, 2016 outlining the evaluation
criteria and selection process used for determining TIGER grant
awards. Since 2009, Congress has appropriated billions in
taxpayer dollars to fund TIGER projects that are supposed to
have a significant national or regional impact. After the first
round of awards, GAO and the DOT OIG raised various concerns as
to how the TIGER applications were selected for award. Since
that time, these highly competitive projects have continued to
garner significant interest as a way to address infrastructure
needs throughout the country. Thus it is imperative that the
projects are selected on a transparent, merit-based set of
criteria.
INTERAGENCY INFRASTRUCTURE PERMITTING IMPROVEMENT CENTER
Appropriation, fiscal year 2015....................... - - -
Budget request, fiscal year 2016...................... $4,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -4,000,000
The Interagency Infrastructure Permitting Improvement
Center is requested to more formally expand the interagency
working group created to cut infrastructure permitting and
review timelines, and implement the Presidential Memorandum on
Modernizing Infrastructure Permitting.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include funds for the
creation of a new office. The Department requested $4,000,000
and four new FTE. The Committee encourages the Department to
continue with the existing dashboard working group to
facilitate infrastructure permitting across agencies.
FINANCIAL MANAGEMENT CAPITAL
Appropriation, fiscal year 2015....................... $5,000,000
Budget request, fiscal year 2016...................... 5,000,000
Recommended in the bill............................... 1,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -4,000,000
Budget request, fiscal year 2016.................... -4,000,000
The Financial Management Capital program continues funding
beyond the deployment of DOT's multi-year project to upgrade
DOT's financial systems, processes and reporting capabilities.
COMMITTEE RECOMMENDATION
The Committee recommends $1,000,000 for new reporting
capabilities from the Department's financial management
systems, $4,000,000 below the budget request and the prior
year.
CYBER SECURITY INITIATIVE
Appropriation, fiscal year 2015....................... $5,000,000
Budget request, fiscal year 2016...................... 8,000,000
Recommended in the bill............................... 7,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +2,000,000
Budget request, fiscal year 2016.................... -1,000,000
The Cyber Security Initiative is a new 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 $7,000,000 to support
the Secretary's cyber security initiative, which is $2,000,000
above the fiscal year 2015 enacted level and $1,000,000 below
the budget request.
DATA ACT COMPLIANCE
Appropriation, fiscal year 2015....................... - - -
Budget request, fiscal year 2016...................... $3,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -3,000,000
The Digital Accountability and Transparency Act (DATA Act)
(P.L. 113 101) created another set of requirements for agencies
to report financial data.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include funds for
DATA Act activities. The Department requested $3,000,000. The
Committee encourages the Department to refine existing
reporting and financial statement capabilities to meet DATA Act
goals without expending significant amounts of resources.
U.S. DIGITAL SERVICES
Appropriation, fiscal year 2015....................... - - -
Budget request, fiscal year 2016...................... $9,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -9,000,000
The U.S digital services team is requested to provide
private sector best practices in the disciplines of design,
software engineering, and product management to DOT's most
important services in consultation with DOT's Chief Information
Officer.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include funds for the
creation of this new office. The Department requested
$9,000,000 and 41 term-limited FTE.
OFFICE OF CIVIL RIGHTS
Appropriation, fiscal year 2015....................... $9,600,000
Budget request, fiscal year 2016...................... 9,678,000
Recommended in the bill............................... 9,600,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -78,000
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 $9,600,000 for the Office of Civil
Rights, the same as the fiscal year 2015 funding level and
$78,000 below the budget request.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
Appropriation, fiscal year 2015....................... $6,000,000
Budget request, fiscal year 2016...................... 10,019,000
Recommended in the bill............................... 5,976,000
Bill compared with:
Appropriation, fiscal year 2015..................... -24,000
Budget request, fiscal year 2016.................... -4,043,000
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 $5,976,000 for
transportation planning, research, and development, which is
$24,000 below the fiscal year 2015 enacted level and $4,043,000
below the budget request.
Of the funds provided, the recommendation includes a total
of $4,958,000 for salaries and expenses. Further, the
recommendation provides $888,000 for activities in the
following areas: aviation data modernization, profit essentials
software, the Mexico-U.S. civil aviation forum, air carrier
fitness case management system, the National Export Initiative
($273,000), freight planning for national exports, the
international transportation forum, open skies agreements, and
the business aviation initiative.
Open skies evaluation.--The Committee recommendation
includes $50,000 for international regulatory cooperation and
research, $50,000 for the airline alliance and joint venture
competition research, and $30,000 for global carrier research.
These funds will enable DOT to conduct economic analyses and
review competition and regulatory standards to ensure that U.S.
airlines and consumers realize the benefits of open skies
agreements, especially as they relate to low-cost airlines and
other emerging international competitors.
The Committee is aware of concerns raised by some U.S.
airlines and their employees with regard to existing open skies
agreements and the issue of whether subsidies have resulted in
market distortions. The Committee understands that an
interagency process has been established to allow stakeholders
to provide information to help inform any potential U.S.
Government response to such allegations, including requesting
consultations, as provided for under existing open skies
agreements. The Committee directs the Department to ensure full
consideration of comments from stakeholders and report to the
Committees on Appropriations on its review of stakeholder
input, including any potential corrective actions within the
framework of existing open skies agreements, within 90 days of
enactment.
WORKING CAPITAL FUND
Appropriation, fiscal year 2015....................... $181,500,000
Budget request, fiscal year 2016...................... - - -
Recommended in the bill............................... 181,500,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... +181,500,000
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 $181,500,000 on
the Working Capital Fund (WCF), the same as provided in 2015.
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 2015....... $925,000 ($18,367,000)
Budget request, fiscal year 2016...... 933,000 - - -
Recommended in the bill............... 933,000 (18,367,000)
Bill compared with:
Appropriation, fiscal year 2015..... 8,000 (+18,367,000)
Budget request, fiscal year 2016.... - - - - - -
------------------------------------------------------------------------
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 $933,000 for the
resource center, the same as the budget request and $8,000 more
than the 2015 amounts. Of the funds provided, $336,000 is to
cover the subsidy costs of guaranteed loans and $597,000 is for
administrative expenses to carry out the guaranteed loan
program. The Committee recommends a limitation on guaranteed
loans of $18,367,000, the same as the limitation in fiscal year
2015.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
Appropriation, fiscal year 2015....................... $4,513,000\1\
Budget request, fiscal year 2016...................... 4,518,000
Recommended in the bill............................... 4,518,000
Bill compared with:
Appropriation, fiscal year 2015..................... +5,000
Budget request, fiscal year 2016.................... - - -
\1\The total of the fiscal year appropriations for Small and
Disadvantaged Business Utilization ($1,414,000) and Minority Business
Outreach ($3,099,000).
The fiscal year 2016 budget proposes to merge the salaries
and expenses of the Office of Small and Disadvantaged Business
Utilization 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 the budget request of $4,518,000
for small and disadvantaged business utilization and outreach,
which is $5,000 more than the 2015 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.
SAFE TRANSPORT OF OIL
Appropriation, fiscal year 2015....................... - - -
Budget request, fiscal year 2016...................... $5,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -5,000,000
DOT is requesting funds to address safety concerns emerging
from the transport of the nation's domestic energy products.
Funds could be used for intermodal coordination, research, or
response.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include funds for the
creation of this new office. The Department requested
$5,000,000. The Committee has made investments in specific
modes and encourages the Department to continue working through
the modes to address concerns surrounding the transportation of
energy products.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2015....................... $155,000,000
Budget request, fiscal year 2016...................... 175,000,000
Recommended in the bill............................... 155,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -20,000,000
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 fee will provide $108,379,000 for the EAS
program in fiscal year 2016.
COMMITTEE RECOMMENDATION
For fiscal year 2016, the Committee includes $155,000,000
in discretionary funding for the EAS program, which is equal to
the fiscal year 2015 enacted level and $20,000,000 below the
budget request.
The following table shows the discretionary, mandatory, and
total program levels for the EAS program:
----------------------------------------------------------------------------------------------------------------
Appropriation Mandatory Total program
----------------------------------------------------------------------------------------------------------------
FY 2015 Appropriation........................................... $155,000,000 $108,199,000 $263,199,000
FY 2016 Request................................................. 175,000,000 108,379,000 283,379,000
Committee Recommendation........................................ 155,000,000 108,379,000 263,379,000
----------------------------------------------------------------------------------------------------------------
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
Section 101. The Committee 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. The Committee continues the provision allowing
the Secretary or his designee to work with States and State
legislators to consider proposals related to the reduction of
motorcycle fatalities.
Section 103. The Committee continues the provision allowing
the Department to use the Working Capital Fund to provide
transit benefits to Federal employees.
Section 104. The Committee continues the provision
regarding administrative requirements of DOT's Credit Council.
Section 105. The Committee includes a new provision, as
requested, regarding the timing of Federal transit benefits
payments from the Working Capital Fund.
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.
The FAA Modernization and Reform Act of 2012 authorized FAA
programs through 2015 with several new mandates to improve the
National Airspace System (NAS), including provisions regarding
the NextGen program for Air Traffic Control and provisions
regarding the use of Unmanned Aerial Systems (UAS) in civilian
airspace.
FAA Reform.--The authorization for the programs and
activities of the Federal Aviation Administration is set to
expire on September 30, 2015. A key issue in the
reauthorization of FAA is whether to reform the structure of
the FAA to give the agency more independence and control over
agency resources. The Committee believes that congressional
oversight of agency resources is necessary to ensure
accountability for program performance and a sustained focus on
aviation safety. As reforms are contemplated, the Committee
believes that consideration should be given to the maintenance
of a high standard of air traffic, technical and safety
expertise; the impact of potential reforms on the cost of air
travel for the consumer; the preservation of existing forums of
public input; and the ability to sustain air traffic services
in small communities. The Committee looks forward to engaging
with the authorizing committee and stakeholders as various FAA
reform proposals are considered.
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2015....................... $9,740,700,000
Budget request, fiscal year 2016...................... 9,915,000,000
Recommended in the bill............................... 9,847,700,000
Bill compared with:
Appropriation, fiscal year 2015..................... +107,000,000
Budget request, fiscal year 2016.................... -67,300,000
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 $9,847,700,000 for FAA operations,
which is $107,000,000 above the fiscal year 2015 enacted level
and $67,300,000 less than the budget request.
The following table shows a comparison of the fiscal year
2015 enacted level, the budget request, and the Committee
recommendation by budget activity:
----------------------------------------------------------------------------------------------------------------
Committee
FY 2015 enacted FY 2016 request recommendation
----------------------------------------------------------------------------------------------------------------
Air Traffic Organization............................... $7,396,654,000 $7,505,293,000 $7,505,293,000
Aviation Safety........................................ 1,218,458,000 1,258,411,000 1,258,411,000
Commercial Space Transportation........................ 16,605,000 18,114,000 16,605,000
Finance and Management................................. 756,047,000 764,621,000 725,000,000
NextGen and Operations Planning........................ 60,089,000 60,582,000 60,089,000
Staff Offices.......................................... 292,847,000 207,099,000 282,302,000
Security and Hazardous Materials Safety................ - - - 100,880,0001 - - -
--------------------------------------------------------
Total.............................................. 9,740,700,000 9,915,000,000 9,847,700,000
----------------------------------------------------------------------------------------------------------------
\1\The Budget request breaks out Security and Hazardous Materials Safety from Staff Offices. Recommendation
leaves these resources in Staff Offices.
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 2016 budget to include adequate
information on each proposed general provision.
TRUST FUND SHARE OF FAA BUDGET
The bill derives $8,831,250,000 of the total operations
appropriation from the Airport and Airway Trust Fund. The
balance of the appropriation, $1,016,450,000, will be drawn
from the general fund of the Treasury.
AIR TRAFFIC ORGANIZATION
The bill provides $7,505,293,000 for the air traffic
organization, which is $108,639,000 above the 2015 enacted
level and the same as the budget request.
Contract tower program.--The Committee recommendation
includes $154,400,000 for the contract tower program, including
the contract tower cost-share program. The Committee continues
to support the program as a safe, cost-efficient mechanism for
providing air traffic services to pilots and local communities.
The Committee notes that there are some contract towers that
are more than 40 years of age and are non-compliant with OSHA
standards. FAA should make every effort to address the urgent
capital needs at these aged facilities.
Chicago O'Hare International Airport.--The Committee
directs the FAA to continue to work expeditiously to identify
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.
Aeronautical navigation products.--The Committee directs
the FAA to submit a report to the House and Senate Committees
on Appropriations no later than 90 days after the enactment of
the Act on the Department's plans to competitively develop and
field new, modern digital information products and web services
that in turn will eventually allow the Department to reduce
staffing within the Aeronautical Navigations Products division,
satisfy NextGen data requirements, and improve safety. The plan
should include details on planned funding by fiscal year, the
Department's acquisition strategy and timetable, and how these
modern tools will be integrated into the oversight and
management of these important programs.
AVIATION SAFETY
The Committee provides $1,258,411,000 for aviation safety,
which is $39,953,000 above the fiscal year 2015 enacted level
and the same as 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.
Aircraft certification.--The Committee recommendation
includes $222,336,000 for the Aircraft Certification Service,
an increase of $7,045,000 above the fiscal year 2015 enacted
level and the same as the budget request. This funding level
will provide an additional 29 positions to address the
increased workload in unmanned aircraft systems as well as
support for risk based decision making to advance the use of
Organization Delegation Authorization (ODA) in certification
processes. The Committee remains concerned that delays in FAA
certification of new aircraft and related technologies will
impact the economic health and competitiveness of the U.S.
aerospace industry. The Committee strongly supports the ODA
program. The use of delegated authority in aircraft
certification is a longstanding and essential practice in
aviation. The Committee commends FAA for its intention to move
to a systems and risk-based approach to oversight and allow
manufacturers to fully use the authority provided by existing
laws and regulation. However, doing so represents a significant
shift for the FAA workforce that poses a number of challenges
for the Agency to execute. The impact on the certification
workforce in size and skill sets presents uncertainties that
will need to be addressed by FAA. The Committee expects FAA to
focus on areas that contribute to the greatest improvements
while advancing new technologies into the marketplace without
sacrificing safety. The Committee directs FAA to provide a
status report regarding its efforts to improve the ODA
oversight process, and train its workforce in systems and risk-
based ODA oversight, no later than 180 days after enactment.
Unmanned aircraft systems.--Given the rise in the number of
Unmanned Aircraft Systems (UAS) sightings at our nation's
airports, the Committee urges the FAA to assess the threat
posed by any potential interference with airport operations.
The FAA is directed to assess the feasibility of integrating
proven UAS mitigation technology with airport operations in
order to detect, identify and track both the air vehicle and
ground controller to explicitly identify the UAS without
interference to existing airport operations. This assessment
should review techniques to defeat an errant or hostile UAS
without causing any collateral damage to essential navigation
systems, wireless communications, the general public or other
airport operations. The Committee directs that FAA to provide a
letter report on its findings no later than 180 days after
enactment of this Act.
One engine inoperative policy.--The Committee directs FAA
to carefully consider all comments that are submitted on the
proposed policy regarding the impact of one engine inoperative
procedures in obstruction evaluation aeronautical studies and
to work with relevant stakeholders to preserve safety and
efficiency while balancing the important needs of communities,
airports and airport users.
Global tracking of airline flights and recovery of flight
data.--The Committee is aware that March 2015 marked the one-
year anniversary of the disappearance of Malaysian Airlines
Flight MH 370. This tragedy and the costly, inconclusive search
for the missing aircraft underscore the need for international
standards on flight tracking and the transmission and recovery
of flight data.
Over the past year, the International Civil Aviation
Organization (ICAO) has convened meetings with member states
and industry representatives on the global tracking of airline
flights and has issued a recommendation calling for the
adoption of Global Aeronautical Distress and Safety Systems
(GADSS). Under GADSS, all commercial aircraft built after 2020
would have to be equipped with a series of complimentary,
performance-based technological capabilities, including
deployable recorders, which together would ensure rapid
location of downed aircraft and Black Box recovery. The
National Transportation Safety Board (NTSB) has issued similar
recommendations.
The Committee supports these efforts and believes the
United States must lead the international community on aviation
safety and recovery issues. The Committee therefore expects FAA
to work collaboratively with NTSB and its ICAO partners to
expeditiously identify and implement international standards
for flight tracking in accordance with these recommendations.
Further, the Committee directs FAA to provide a report to the
House and Senate Committees on Appropriations on the agency's
efforts to support ICAO's work in this area, including an
update on the deployment initiative to demonstrate
technological feasibility, as well as an evaluation of the
costs and benefits of installing automatic deployable flight
data recorders and other relevant technologies.
Temporary flight restrictions.--The FAA issues temporary
flight restrictions (TFRs) to restrict aircraft from operating
within a defined area to protect persons or property in the air
or on the ground. The Committee expects FAA to give careful
consideration to the use and duration of TFRs issued for large
events that present increased security risks. In addition, the
Committee requests that the FAA evaluate the impact of any
potential changes to TFRs that would have an impact on air
traffic management.
COMMERCIAL SPACE TRANSPORTATION
The Committee recommends $16,605,000 for the Office of
Commercial Space Transportation, which is the same as the
fiscal year 2015 enacted level and $1,509,000 below the budget
request.
The Committee understands that current FAA regulations
requiring launch providers to clearly obtain insurance to cover
property damage in the event of an accident fail to address the
status of state and local property. With the rapid growth in
the number of state spaceports over the last decade, as well as
anticipated growth over the next several years, the Committee
urges FAA to issue regulations for those developments involving
Federal property assigned to a State government, particularly
those developments located at Federal ranges, the State
government should qualify as a contractor or Government Launch
Participant with the right to make claims under 14 C.F.R.
440.9(d).
The Committee supports utilizing NASA's super heavy-lift
launch capability, the Space Launch System (SLS), to execute
commercial missions to low Earth orbit and beyond low Earth
orbit destinations. The Committee applauds actions taken by the
FAA Office of Commercial Space Transportation confirming the
FAA's willingness to leverage its existing launch licensing
authority to encourage private sector investment in lunar
systems that will work in tandem with SLS and Orion, by
ensuring that commercial activities can be conducted on a non-
interference basis. The Committee urges the FAA to continue to
add details, such as specified zones of exclusive operation on
the lunar surface.
FINANCE AND MANAGEMENT
The Committee recommends $725,000,000 for finance and
management activities, which is $31,047,000 below the fiscal
year 2015 enacted level and $39,621,000 below the budget
request.
Workforce diversity.--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 March 1, 2016.
NEXTGEN AND OPERATIONS PLANNING
The Committee recommends $60,089,000 for NextGen and
Operations Planning, which is the same as the fiscal year 2015
enacted level and the $493,000 below the budget request.
STAFF OFFICES
The budget request proposes to create a new Security and
Hazardous Materials Safety Office with resources from Staff
Offices. The Committee recommends maintaining these resources
within Staff Offices. The Committee recommends $282,302,000 for
Staff Offices, which is $10,545,000 below the enacted level and
$25,677,000 below the budget request for both Staff Offices and
the Security and Hazardous Materials Safety Office.
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.--This bill includes language allowing funds
received from specified public, private, and foreign sources
for expenses incurred to be credited to the appropriation.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2015....................... $2,600,000,000
Budget request, fiscal year 2016...................... 2,855,000,000
Recommended in the bill............................... 2,500,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -100,000,000
Budget request, fiscal year 2016.................... -355,000,000
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
$2,500,000,000, for the FAA's facilities and equipment program,
$100,000,000 below the level provided in fiscal year 2015 and a
decrease of $355,000,000 below the budget request. The bill
provides that, of the total amount recommended, $2,040,000,000
is available for obligation until September 30, 2018 and
$460,000,000 (the amount for personnel and related expenses) is
available until September 30, 2016. These obligation
availabilities are consistent with past appropriations Acts.
The following table provides funding levels for facilities
and equipment activities and budget line items.
------------------------------------------------------------------------
Program FY 2016 Request FY 2016 House
------------------------------------------------------------------------
Activity 1--Engineering, Development,
Test and Evaluation
Advanced Technology Development $21,300,000 $20,000,000
and Prototyping..................
NAS Improvement of System Support 1,000,000 1,000,000
Laboratory.......................
William J. Hughes Technical Center 19,050,000 12,049,000
Facilities.......................
William J. Hughes Technical Center 12,200,000 12,200,000
Infrastructure Sustainment.......
Separation Management Portfolio... 26,500,000 18,000,000
Improved Surface/TFDM Portfolio... 17,000,000 17,000,000
On Demand NAS Portfolio........... 11,000,000 8,000,000
Environment Portfolio............. 1,000,000 1,000,000
Improved Multiple Runway 8,000,000 7,000,000
Operations Portfolio.............
NAS Infrastructure Portfolio...... 11,000,000 11,000,000
NextGen Support Portfolio......... 10,000,000 10,000,000
Performance Based Navigation & 13,000,000
Metroplex Portfolio..............
-----------------------13,000,000
Total Activity 1.............. 151,050,000 130,249,000
Activity 2--Air Traffic Control
Facilities and Equipment
a. En Route Programs
En Route Automation Modernization 79,400,000 75,000,000
(ERAM)--System Enhancements and
Tech Refresh.....................
En Route Communications Gateway 2,650,000 2,650,000
(ECG)............................
Next Generation Weather Radar 6,500,000 6,500,000
(NEXRAD)--Provide................
ARTCC and CERAP Building 74,200,000 50,000,000
Improvements/Plant Improvements..
ARTCC and CERAP Building 13,700,000 5,729,000
Improvements/Plant Improvements..
Air/Ground Communications 9,750,000 3,900,000
Infrastructure...................
Air Traffic Control En Route Radar 5,810,000 5,100,000
Facilities Improvements..........
Voice Switching and Control System 9,900,000 9,900,000
(VSCS)...........................
Oceanic Automation System......... 20,000,000 10,000,000
Next Generation Very High 43,600,000 35,000,000
Frequency Air/Ground
Communications (NEXCOM)..........
System-Wide Information Management 37,400,000 37,400,000
ADS-B NAS Wide Implementation..... 45,200,000 184,600,000
Windshear Detection Service....... 5,200,000 4,300,000
Collaborative Air Traffic 9,800,000 9,800,000
Management Technologies WP2 & WP3
Time Based Flow Management 42,600,000 40,000,000
Portfolio........................
ATC Beacon Interrogator (ATCBI)-- 1,000,000 1,000,000
Sustainment......................
NextGen Weather Processors........ 7,000,000 7,000,000
Airborne Collision Avoidance 10,800,000 10,800,000
System X (ACASX).................
Data Communications in Support of 234,900,000 234,900,000
NG Air Transportation System.....
Subtotal En Route Programs.... 659,410,000 733,579,000
b. Terminal Programs
Airport Surface Detection 13,500,000 5,436,000
Equipment--Model X (ASDE-X)......
Terminal Doppler Weather Radar 4,900,000 1,900,000
(TDWR)--Provide..................
Standard Terminal Automation 81,100,000 81,100,000
Replacement System (STARS) (TAMR
Phase 1).........................
Terminal Automation Modernization/ 159,350,000 159,350,000
Replacement Program (TAMR Phase
3)...............................
Terminal Automation Program....... 7,700,000 3,000,000
Terminal Air Traffic Control 45,500,000 45,500,000
Facilities--Replace..............
ATCT/Terminal Radar Approach 58,990,000 45,040,000
Control (TRACON) Facilities--
Improve..........................
Terminal Voice Switch Replacement 6,000,000 2,000,000
(TVSR)...........................
NAS Facilities OSHA and 39,600,000 39,600,000
Environmental Standards
Compliance.......................
Airport Surveillance Radar (ASR-9) 3,800,000 3,800,000
Terminal Digital Radar (ASR-11) 9,900,000 9,900,000
Technology Refresh and Mobile
Airport Surveillance Radar (MASR)
Runway Status Lights.............. 24,170,000 24,170,000
National Airspace System Voice 53,550,000 45,000,000
System (NVS).....................
Integrated Display System (IDS)... 23,300,000 16,917,000
Remote Monitoring and Logging 4,700,000 3,930,000
System (RMLS)....................
Mode S Service Life Extension 16,300,000 8,100,000
Program (SLEP)...................
Surveillance Interface 23,000,000 4,000,000
Modernization....................
Voice Recorder Replacement Program 3,000,000 1,000,000
(VRRP)...........................
Integrated Terminal Weather System 5,400,000 4,400,000
(ITWS)...........................
Contingency Funding--Flight and 9,000,000 9,000,000
Interfacility ATC Data Interface
Modernization....................
Subtotal Terminal Programs.... 592,760,000 513,143,000
c. Flight Service Programs
Aviation Surface Observation 8,000,000 8,000,000
System (ASOS)....................
Future Flight Services Program.... 3,000,000 3,000,000
Alaska Flight Service Facility 2,650,000 2,650,000
Modernization (AFSFM)............
Weather Camera Program............ 1,000,000 200,000
Subtotal Flight Service 14,650,000 13,850,000
Programs.....................
d. Landing and Navigational Aids
Program
VHF Omnidirectional Radio Range 4,500,000 4,500,000
(VOR) with Distance Measuring
Equipment (DME)..................
Instrument Landing System (ILS)-- 7,000,000 7,000,000
Establish........................
Wide Area Augmentation System 80,600,000 93,600,000
(WAAS) for GPS...................
Runway Visual Range (RVR) and 6,000,000 6,000,000
Enhanced Low Visibility
Operations (ELVO)................
Approach Lighting System 3,000,000 3,000,000
Improvement 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 3,371,000 2,400,000
Automation (IFPA)................
Navigation and Landing Aids-- 3,000,000 3,000,000
Service Life Extension Program
(SLEP)...........................
VASI Replacement--Replace with 5,000,000 5,000,000
Precision Approach Path Indicator
GPS Civil Requirements............ 27,000,000 10,000,000
Runway Safety Areas--Navigational 30,000,000 30,000,000
Mitigation.......................
Subtotal Landing and 174,471,000 169,500,000
Navigational Aids Programs...
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and 18,700,000 10,000,000
Management.......................
Unstaffed Infrastructure 39,640,000 25,000,000
Sustainment......................
Aircraft Related Equipment Program 9,000,000 5,000,000
Airport Cable Loop Systems-- 12,000,000 5,000,000
Sustained Support................
Alaskan Satellite 12,500,000 10,000,000
Telecommunications Infrastructure
(ASTI)...........................
Facilities Decommissioning........ 6,000,000 5,700,000
Electrical Power Systems--Sustain/ 124,970,000 75,000,000
Support..........................
FAA Employee Housing and Life 2,500,000 2,500,000
Safety Shelter System Service....
Energy Management and Compliance 2,000,000 2,000,000
(EMC)............................
Child Care Center Sustainment..... 1,600,000 1,600,000
FAA Telecommunications 1,000,000 1,000,000
Infrastructure...................
Subtotal Other ATC Facilities 229,910,000 142,800,000
Programs.....................
---------------------------------
Total Activity 2.......... 1,671,201,000 1,572,872,000
Activity 3--Non-Air Traffic Control
Facilities and Equipment
a. Support Equipment
Hazardous Materials Management.... 26,400,000 20,000,000
Aviation Safety Analysis System 20,200,000 11,900,000
(ASAS)...........................
Logistics Support Systems and 4,000,000 4,000,000
Facilities (LSSF)................
National Air Space (NAS) Recovery 12,000,000 12,000,000
Communications (RCOM)............
Facility Security Risk Management. 15,000,000 14,300,000
Information Security.............. 12,000,000 12,000,000
System Approach for Safety 18,900,000 18,900,000
Oversight (SASO).................
Aviation Safety Knowledge 7,500,000 7,500,000
Management Environment (ASKME)...
Aerospace Medical Equipment Needs 2,500,000 1,500,000
(AMEN)...........................
System Safety Management Portfolio 17,000,000 17,000,000
National Test Equipment Program... 4,000,000 2,000,000
Mobile Assets Management Program.. 4,800,000 4,000,000
Aerospace Medicine Safety 3,000,000 3,000,000
Information Systems (AMSIS)......
Tower Simulation System (TSS) 7,000,000 4,000,000
Technology Refresh...............
Subtotal Support Equipment.... 154,300,000 132,100,000
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure 15,200,000 12,000,000
Modernization....................
Distance Learning................. 1,500,000 1,000,000
Subtotal Training, Equipment 16,700,000 13,000,000
and Facilities...............
---------------------------------
Total Activity 3.......... 171,000,000 145,100,000
Activity 4--Facilities and Equipment
Mission Support
a. System Support and Services
System Engineering and Development 35,000,000 32,000,000
Support..........................
Program Support Leases............ 46,700,000 40,000,000
Logistics and Acquisition Support 11,000,000 10,000,000
Services.........................
Mike Monroney Aeronautical Center 18,800,000 18,350,000
Leases...........................
Transition Engineering Support.... 19,200,000 14,000,000
Technical Support Services 23,000,000 17,429,000
Contract (TSSC)..................
Resource Tracking Program (RTP)... 4,000,000 3,000,000
Center for Advanced Aviation 60,000,000 50,000,000
System Development (CAASD).......
Aeronautical Information 5,000,000 5,000,000
Management Program...............
Cross Agency NextGen Management... 3,000,000 2,000,000
---------------------------------
Total Activity 4.............. 225,700,000 191,779,000
Activity 5--Personnel and Related
Expenses
Personnel and Related Expenses.... 470,049,000 460,000,000
Activity 6--Sustain ADS-B services and
Wide Area Augmentation Services
(WAAS) GEOs
Activity 6--Sustain ADS-B 166,000,000 0
services, WAAS GEOs..............
---------------------------------
SUB TOTAL ALL ACTIVITIES.. 2,855,000,000 2,500,000,000
------------------------------------------------------------------------
Engineering, development, test and evaluation (Activity
1).--The programs funded in the engineering, development, test
and evaluation activity are considered pre-implementation
funding for various NextGen efforts. Unlike major acquisition
programs, these projects are not provided a baseline by FAA and
do not receive the program oversight given to other procurement
programs. The Committee expects to understand how funding in
this activity has advanced specific NextGen programs for
enhancing capacity and reducing delays at congested airports.
The Committee directs the IG to examine how these investments
are managed and what specific outcomes have been achieved to
improve the Nation's air transportation system.
NextGen--Separation management portfolio.--The Committee
remains interested in space-based Automatic Dependent
Surveillance-Broadcast (ADS-B) as a means to enhance safety,
increase capacity, and further the Equip 2020 initiative
through early benefits. The Committee recommendation includes
the amount in the budget estimate for space-based ADS-B and
directs the FAA to identify resources from unobligated
Facilities and Equipment funds to ensure the agency will be
able to keep pace with neighboring air navigation service
providers in adjacent oceanic airspace who have committed to
using space-based ADS-B in 2018 to track aircraft and offer
reduced separation services over the oceans. The Committee
expects the agency to make a final investment decision
regarding space-based ADS-B no later than May 31, 2016 and
report back to the Committee within 30 days of that decision.
Multi-Function Phased Array Radar program.--The Committee
recognizes the importance of the Multi-Function Phased Array
Radar (MPAR) program in the development and implementation of
the next generation weather and aircraft radar surveillance
network. Significant challenges require the collaborative
inter-agency planning and research and development strategies
for the future success of the program. The Committee directs
that the FAA continue to collaborate with the National Oceanic
and Atmospheric Administration (NOAA) for the MPAR research and
development effort and participate in an interagency committee
with NOAA and other stakeholders to help formulate key
requirements for development and eventual acquisition strategy.
Additionally, the Committee directs the FAA to work with NOAA
to facilitate a full evaluation of operational and other
benefits associated with a fully digital, dual-polarization
MPAR system, including but not limited, to weather
surveillance, fine-scale numerical weather prediction, tracking
of cooperative and uncooperative aircraft, discrimination of
biological targets and small unmanned aerial systems, clutter
suppression, data communication, and system reliability. The
FAA should collaborate with NOAA to create a business case
analysis of the MPAR program which considers operational
feasibility and includes yearly costs and milestones.
Performance-based navigation.--The Committee provides
$13,000,000 for Performance Based Navigation (PBN), which is
$13,500,000 below the fiscal year 2015 enacted level and the
same as the budget request. The Committee recognizes that PBN
is the essential stepping stone to NextGen and a top investment
priority for industry. The IG reported that at the large
airports where the FAA has implemented advanced PBN procedures,
only about 2 percent of eligible airline flights actually used
them. The Committee is concerned about the obstacles that are
hindering FAA's efforts to increase use of PBN routes that have
been highlighted in FAA, industry, and IG reports. Challenges
include outdated controller policies and procedures governing
PBN, the lack of standard training for pilots and controllers,
and the lack of automated controller tools to effectively
manage and sequence aircraft. The FAA has deployed the Time
Based Flow Management automation tool, which can help
controllers manage PBN operations at high altitude, but it is
not yet used consistently across the nation. The Committee
directs FAA to work with air traffic controllers to develop a
plan for when and how it can introduce and widely use
automation that can maximize the benefits of NextGen
initiatives, such as PBN. Further, the Committee urges the FAA
to substantively engage with local communities before the
implementation of new flight paths and procedures, even when
not mandated by law. The Committee believes this will yield
positive benefits.
Automatic dependent surveillance--broadcast.--The Committee
provides $184,600,000 for Automatic Dependent Surveillance-
Broadcast (ADS-B) implementation, the full amount requested for
ADS-B in the ``Air Traffic Control Facilities and Equipment''
activity (Activity 2) and the ``Sustain ADS-B Services'''
(Activity 6). The Committee recommendation rejects the request
to create a new Activity 6, and instead provides ADS-B
resources for both of these activities in Activity 2. ADS-B is
the Agency's effort to transition to satellite-based navigation
systems. FAA has mandated that airspace users equip with new
ADS-B avionics by 2020. FAA is taking steps to work with
industry and address concerns about the mandate through the
``Equip 2020 Work Group''. The Committee requests that the FAA
keep the Committee informed of the outcomes and commitment of
the working group.
Data communications.--The Committee has provided
$234,900,000 for Data Communications (Data Comm), an increase
of $84,560,000 above the fiscal year 2015 enacted level and the
same as the budget request. The Committee notes that the Data
Comm program has been identified at a priority NextGen activity
by the NextGen Advisory Committee for its promise to deliver
near term benefits.
Runway status lights.--Reducing runway incursions is a high
priority for improving aviation safety, and the Committee
commends the FAA for initiating the runway status lights (RWSL)
program to respond to NTSB's safety recommendations. Due to
budget constraints and unanticipated construction costs,
however, in fiscal year 2014, the FAA split the program into
two phases and is currently implementing RWSL at 17 airports.
For the airports in phase II, the FAA has formed surface safety
initiatives teams to recommend approaches for improving surface
safety, including RWSL. The Committee directs FAA to submit a
report to the House and Senate Appropriations Committees no
later than 180 days after enactment that details the status and
analysis of the surface safety initiatives teams for each phase
II airport that has elected to remain in the program. FAA
should review the suitability of installing RWSL at airports
being equipped with airport surface surveillance capabilities
and include strategies for reducing the costs of installing and
supporting RWSL.
Omni-directional range/minimum operating network.--The
Committee commends the FAA on the issuance of the December 15,
2014 market survey to assess the feasibility and effectiveness
of outsourcing the service provision of the Very High Frequency
(VHF) Omni-Directional Range (VOR) Minimum Operating Network
(VOR MON). Based on the responses to the survey, the Committee
urges the FAA to continue this initiative by expanding the
scope of the service based model to include tactical air
navigation (TACAN) and distance measuring equipment (DME). In
addition, the FAA shall provide the Committee with program
milestones for implementation of the service based strategy.
Tactical air navigation system.--The Committee is aware of
the aging en-route TACAN and its continued importance to
military aircraft. This navigation system provides the user
with bearing and distance (slant-range) to a ground or ship-
borne station. The existing TACAN system was installed in the
early 1980s with the FAA en-route VHF Omni-Directional Range
(VOR). While new Area Navigation (RNAV) systems will bring
certain benefits, RNAV upgrades remain several years off for
many military aircraft. The Committee directs the Secretary to
submit a report to the Committee on the Department's long term
en-route TACAN maintenance and modernization plan to address
this aging asset and the significant costs to transition to
RNAV.
ADS-B services and wide area augmentation services.--The
Committee does not include a new activity, as proposed in the
budget, for ADS-B and Wide Area Augmentation System (WAAS)
leases, but instead provides funding for these purposes in the
ADS-B and WAAS core program lines in the ``Air Traffic Control
Facilities and Equipment'' Activity (Activity 2).
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 2015....................... $156,750,000
Budget request, fiscal year 2016...................... 166,000,000
Recommended in the bill............................... 156,750,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -9,250,000
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 recommends $156,750,000, the same as the
enacted level and a decrease of $9,250,000 below the budget
request.
The Committee recommendation includes the following funding
levels for Research, Engineering, and Development programs.
------------------------------------------------------------------------
Program FY 2016 Request FY 2016 House
------------------------------------------------------------------------
Fire Research & Safety................ $6,643,000 $6,000,000
Propulsion & Fuel Systems............. 3,034,000 2,500,000
Advanced Materials/Structural Safety.. 3,625,000 3,000,000
Aircraft Icing/Digital System Safety.. 6,920,000 6,000,000
Continued Air Worthiness.............. 8,987,000 8,987,000
Aircraft Catastrophic Failure 1,433,000 1,433,000
Prevention Research..................
Flightdeck/Maintenance/System 9,947,000 6,802,000
Integration Human Factors............
Safety System Management.............. 6,063,000 6,063,000
Air Traffic Control/Technical 5,995,000 5,410,000
Operations Human Factors.............
Aeromedical Research.................. 10,255,000 8,467,000
Weather Research...................... 18,253,000 15,388,000
Unmanned Aircraft Systems Research.... 9,635,000 12,635,000
NextGen--Alternative Fuels for General 5,833,000 7,000,000
Aviation.............................
---------------------------------
Total Safety...................... 96,623,000 89,685,000
NextGen--Wake Turbulence.............. 8,680,000 8,680,000
NextGen--Air Ground Integration....... 8,875,000 8,875,000
NextGen--Weather Technology in the 4,116,000 4,116,000
Cockpit..............................
Commercial Space (in FY 15 buried in 3,000,000 1,000,000
NextGen Air Ground Integration per FY
14 congressional language)...........
---------------------------------
Total Economic Competiveness...... 24,671,000 22,671,000
Environment & Energy.................. 15,061,000 15,061,000
NextGen Environmental Research-- 23,823,000 23,823,000
Aircraft Technologies, Fuels and
Metrics..............................
Environmental Sustainability.......... 38,884,000 38,884,000
System Planning and Resource 2,377,000 2,100,000
Management...........................
WJHTC Lab Facilities.................. 3,445,000 3,410,000
Mission Support....................... 5,822,000 5,510,000
---------------------------------
Total............................. 166,000,000 156,750,000
------------------------------------------------------------------------
Unmanned aircraft systems research.--The FAA has
established six UAS test sites, which are expected to provide
valuable information for developing the regulatory framework
for UAS integration. However, the FAA will need to ensure it
develops a comprehensive plan to identify research priorities,
including how data from test site operations will be gathered,
analyzed, and used. The Committee recognizes these challenges
and provides $12,635,000 for Unmanned Aircraft Systems
Research, which is $3,000,000 above the budget request. These
additional funds are provided to help meet the FAA's UAS
research goals of system safety and data gathering, aircraft
certification, command and control link challenges, control
station layout and certification, sense and avoid, and
environmental impacts.
NextGen-alternative fuels for general aviation.--The
Committee provides $7,000,000 for alternative fuels research
for general aviation, which is $1,000,000 above the fiscal year
2015 enacted level and $1,167,000 above the budget request.
During the complex transition of the general aviation piston
fleet to an unleaded fuel, an increase in funding above last
year is merited to move from research to a phase focused on
coordinating and facilitating the fleet-wide evaluation,
certification and deployment of an unleaded fuel and to help
overcome any market issues that prevent it from moving forward.
The Committee recognizes this is a multi-year effort and looks
forward to updates on the continued progress on this initiative
as it effectively balances environmental improvement with
aviation safety, technical challenges, and economic impact.
NextGen environmental research--aircraft technologies,
fuels and metrics.--The Committee provides $23,823,000 for the
FAA's NextGen environmental research aircraft technologies,
fuels and metrics program, which is $809,000 above the fiscal
year 2015 enacted level and the same as the budget request. In
addition, the Committee continues to support the FAA's
continuous, lower energy emissions, and noise program (CLEEN).
The CLEEN program has helped to advance the research and
development of advanced engine and airframe technologies that
conserve more fuel and produce fewer emissions than current
technologies.
GRANTS-IN-AID FOR AIRPORTS
(LIMITATION ON OBLIGATIONS)
------------------------------------------------------------------------
Liquidation of
contract Limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year 2015... $3,200,000,000 $3,350,000,000
Budget request, fiscal year 2016.. 3,500,000,000 2,900,000,000
Recommended in the bill........... 3,600,000,000 3,350,000,000
Bill compared to:
Appropriation, fiscal year +400,000,000 - - -
2015.........................
Budget request, fiscal year +100,000,000 +450,000,000
2016.........................
------------------------------------------------------------------------
The bill includes a liquidating cash appropriation of
$3,600,000,000 for grants-in-aid for airports, authorized by
the Airport and Airway Improvement Act of 1982, as amended,
which is $400,000,000 above the fiscal year 2015 level and
$100,000,000 above 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 2016, which is the same as the
fiscal year 2015 enacted level and $450,000,000 above the
budget request.
The Committee understands that current FAA regulations
requiring commercial space launch providers to clearly obtain
insurance to cover property damage in the event of an accident
fail to address the status of state and local property. With
the rapid growth in the number of state spaceports over the
last decade as well as anticipated growth over the next several
years, the Committee believes the FAA should update regulations
for those developments involving Federal property assigned to a
State government, particularly those developments located at
Federal ranges, the State government should qualify as a
contractor or Government Launch Participant with the right to
make claims under 14 C.F.R. 440.9(d).
ADMINISTRATION AND RESEARCH PROGRAMS
Airport administrative expenses.--Within the overall
obligation limitation, the bill includes $107,100,000 for the
administration of the airports program by the FAA. This funding
level is the same as the fiscal year 2015 enacted level and the
budget request.
Airport cooperative research program (ACRP).--The
recommendation includes $15,000,000 which is the same as the
fiscal year 2015 enacted level and the budget request. The ACRP
was established through Section 712 of the Vision 100--Century
of Aviation Reauthorization Act (P.L. 108-176) to identify
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 recommendation includes a
minimum of $31,000,000 for the FAA's airport technology
research program which is $1,250,000 above the 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 2016.
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 retains 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 retains a provision prohibiting
the FAA from paying Sunday premium pay except in those cases
where the individual actually worked on a Sunday.
Section 115. The Committee retains 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 includes 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 includes 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 includes a provision that limits
the number of FAA political appointees to 9.
Section 119. The Committee includes a provision that
prohibits funds for any increase in fees for navigational
products until the FAA has reported a justification for such
fees to the Committees on Appropriations.
Section 119A. The Committee includes a provision that
requires the 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 includes a provision
prohibiting funds to change weight restrictions or prior
permission rules at Teterboro Airport in Teterboro, New Jersey.
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.
AUTHORIZATION FOR FISCAL YEAR 2016
At this time, it remains unclear what authorization law (or
laws) will be effective during fiscal year 2016. Therefore, the
Committee must recommend appropriations for programs without
authorization and the Committee's recommendations for FHWA are
contingent upon reauthorization.
The Committee therefore provides only minimal bill language
that sets the overall FHWA obligation limitation for fiscal
year 2016, contingent upon authorization. It is the Committee's
intention that appropriations made by this bill will be wholly
contingent on a reauthorization of the highway program and will
be distributed only in accordance with the new authorization
law.
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2015\1\.................... $426,100,000
Budget request, fiscal year 2016...................... 442,248,000
Recommended in the bill............................... 429,348,000
Bill compared with:
Appropriation, fiscal year 2015..................... +3,248,000
Budget request, fiscal year 2016.................... -12,900,000
\1\Does not include $3,248,000 transferred to the Appalachian Regional
Commission.
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 $429,348,000 including $3,248,000
transferred to the Appalachian Regional Commission (ARC). After
accounting for $3,248,000 transferred to ARC in fiscal year
2015, the recommendation is the same as the enacted level. The
recommendation is $12,900,000 below the budget request.
Adequate oversight.--The Committee believes that FHWA must
carefully balance mission priorities with oversight
responsibilities when exercising discretion over budgetary
resources. The agency requires adequate administrative funding
to maintain its leadership and oversight role. Without
qualified staff and necessary operational investments, FHWA
will not be able to maintain the many functions critical to
supporting its state and local partners in the delivery of a
safe and efficient transportation network. Recent hiring
freezes and delays in key information technology investments
threaten to undermine FHWA's ability to administer core
Federal-aid highway and highway safety programs. The Committee
directs the Department to allocate contract authority adequate
to support the Committee's recommendation for administrative
expenses and the Appalachian Regional Commission.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2015 Fiscal year 2016 Recommended in
Program enacted request\1\ the bill
----------------------------------------------------------------------------------------------------------------
Federal-aid highways (obligation limitation)........... 40,256,000 50,568,248 40,256,000
Exempt contract authority.............................. 739,000 739,000 739,000
Total program level................................ 40,995,000 51,307,248 40,995,000
----------------------------------------------------------------------------------------------------------------
\1\Includes $500,000,000 requested for a new program called Fixing and Accelerating Surface Transportation.
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.
Because the structure of the federal-aid highways program
for fiscal year 2016 is unknown at this time due to lack of
authorizing legislation, the Committee includes no detailed
summaries of particular programs.
COMMITTEE RECOMMENDATION
The Committee recommends a total program level of
$40,995,000,000 for the activities of FHWA in fiscal year 2016,
contingent upon reauthorization. This amount is the same as
fiscal year 2015 and $10,312,248,000 below the budget request.
Included within the recommended amount is an obligation
limitation of $40,256,000,000 and $739,000,000 in contract
authority that is exempt from the obligation limitation.
Railway-highway crossings.--The Committee directs the
Secretary to encourage states to prioritize projects involving
grade separation, with special emphasis on high-risk junctions
involving rail and road traffic.
Comprehensive freight networks.--The safe and efficient
transportation of freight across our nation is vital to our
economy. Section 1115 of the Moving Ahead for Progress in the
21st Century Act (MAP-21) required FHWA to establish a 27,000-
mile primary freight network to help focus resources to improve
the movement of freight. DOT's proposed freight network
includes gaps particularly with regard to the connections to
international land ports of entry. DOT has indicated that a
41,000-mile network would be more comprehensive and would
result in a connected and multimodal freight network system.
The Committee encourages the authorizing committees of
jurisdiction to consider expanding the freight network system
in the upcoming surface transportation reauthorization bill.
The Committee directs FHWA to work with the authorizing
committees to identify a freight network that connects to high-
volume land ports of entry.
Streamlining of environmental impact reviews.--The
Committee continues to monitor FHWA efforts to carry out the
provisions of MAP-21. The Committee recognizes the efforts by
the Department to implement provisions designed to streamline
environmental impact review processes and encourages the
Department to continue efforts to work cooperatively with other
federal and state agencies. The Committee urges the Department
to continue participating in the facilitation of environmental
impact process improvements for regional and national
transportation projects, and to coordinate with relevant
federal agencies, state and local governments, and other public
interest groups.
Marine highway infrastructure.--The Committee encourages
FHWA to study the inclusion of marine highway infrastructure
projects, such as the design and construction of innovative
barge designs and adaptable port terminal infrastructure,
within the surface transportation program or national highway
performance program, and what impact such projects would have
on the Department's goals for those programs.
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 the nation's transportation
infrastructure. The Committee also notes the growing need to
accelerate the adoption of proven practices, technologies, and
materials that lead to faster construction, such as the use of
carbon fiber composite materials in bridge replacement and
rehabilitation. The Committee encourages FHWA to continue to
support these innovative technologies.
Other technologies such as GIS-based asset management
practices on a cloud-based platform can help improve and
optimize traffic through real-time traffic information,
advanced structural monitoring of key assets, electrochemical-
based fatigue crack growth detection, map-based identification
of assets and construction plans, and regional and corridor-
based truck traffic routing. These technologies, when applied
as part of a comprehensive asset management plan, can save
money, extend service life, and support risk-informed
prioritization of capital expenditures. The Committee
encourages the Department to use funds authorized under 503(c)
of title 23, United States Code, for the demonstration and
deployment of innovative asset management technologies.
Accelerated bridge construction.--According to FHWA, nearly
one fourth of the nation's bridges require repair,
rehabilitation, or replacement, or are not designed to current
standards. On-site construction can lead to significantly
decreased mobility and safety. To help reduce these impacts,
and produce long-lasting bridges, the Committee encourages the
Department to have one of the TIER-1 University Transportation
Centers focus on accelerated bridge construction.
Transportation infrastructure finance and innovation act
program.--The Committee notes the significant role of
Transportation Infrastructure Finance and Innovation Act credit
assistance in expanding the capacity of the federal-aid
highways program to deliver projects. The Committee encourages
FHWA to fully obligate amounts available for credit assistance,
and to complete new credit agreements with eligible project
sponsors in a timely manner.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2015..................... $40,995,000,000
Budget request, fiscal year 2016\1\................. 51,307,248,000
Recommended in the bill............................. 40,995,000,000
Bill compared with:
Appropriation, fiscal year 2015................... - - -
Budget request, fiscal year 2016.................. -10,312,248,000
\1\Includes $500,000,000 requested for a new program called Fixing and
Accelerating Surface Transportation.
COMMITTEE RECOMMENDATION
The Committee recommends a liquidating cash appropriation
of $40,995,000,000, which is the same as fiscal year 2015
enacted and $10,312,248,000 below 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.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120. The Committee continues a provision that
distributes obligation authority among federal-aid highway
programs. The provision has been updated to be consistent with
changes to the underlying authorizing statute and is contingent
on reauthorization.
Section 121. The Committee continues a provision that
credits funds received by the Bureau of Transportation
Statistics to the federal-aid highways account.
Section 122. The Committee continues a provision that
provides requirements for any waiver of the Buy America Act.
Section 123. The Committee continues a provision that
requires congressional notification before the Department
provides credit assistance under the TIFIA program.
Section 124. The Committee adds a provision that aligns
certain federal and state truck weight requirements in the
State of Idaho.
Section 125. The Committee adds a provision that modifies
certain federal truck trailer length requirements.
Section 126. The Committee adds a provision that includes
the State of Kansas under an agricultural exemption from
federal truck trailer length requirements.
Section 127. The Committee adds a provision that increases
the set-aside for highway-railroad grade crossings.
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.
AUTHORIZATION FOR FISCAL YEAR 2016
It remains unclear what authorization law (or laws) will be
effective during fiscal year 2016. Therefore, the Committee
must recommend appropriations for programs without
authorization and the Committee's recommendations for FMCSA are
contingent upon reauthorization.
It is the Committee's intention that appropriations made by
this bill will be wholly contingent on reauthorization and will
be distributed only in accordance with the new authorization
law.
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 $271,000,000 ($271,000,000)
2015.......................
Budget request, fiscal year 329,180,000 (329,180,000)
2016.......................
Recommended in the bill..... 259,000,000 (259,000,000)
Bill compared with:
Appropriation, fiscal year -12,000,000 (-12,000,000)
2015.......................
Budget request, fiscal -70,180,000 (-70,180,000)
year 2016..................
------------------------------------------------------------------------
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, grants to States and local partners, safety
education and outreach, and the safety and consumer telephone
hotline.
COMMITTEE RECOMMENDATION
The Committee recommends $259,000,000 in liquidating cash
for motor carrier safety operations and programs. The Committee
also recommends limiting obligations from the highway trust
fund to $259,000,000 for motor carrier safety operations and
programs in fiscal year 2016. These levels, which are
contingent upon reauthorization, are $12,000,000 below fiscal
year 2015 and $70,180,000 below the budget request.
Within the amounts provided for operations and programs,
the Committee recommends $1,000,000 for commercial motor
vehicle operator grants, which provide commercial motor vehicle
operators with critical safety training. This amount, which is
contingent upon reauthorization, is $1,300,000 below fiscal
year 2015 and $1,000,000 above the budget request. These funds
are not moved into the Motor Carrier Safety Grants account as
requested.
The Committee continues bill language specifying funding
amounts for the research and technology program and for
information management, and making those amounts available
until September 30, 2018.
Commercial driver license tests.--New drivers must obtain a
commercial driver license (CDL) in order to begin work as a
commercial vehicle operator but in some states CDL applicants
are unnecessarily forced to wait up to 45 days to take their
skills test. The Committee is concerned that these CDL testing
delays are causing many qualified drivers to endure an
unnecessarily long wait to be eligible for employment. The
Committee directs FMCSA to consider steps it can take to ensure
that qualified drivers are able to promptly enter the
workforce. The Committee urges FMCSA to work with states to
lower skills testing wait times to no more than seven days. The
Committee encourages FMCSA to inform states with current delay
times of more than seven days of the availability of third-
party testers including schools, carriers, or other approved
contractors that administer CDL skills tests. Anecdotal
evidence indicates that states currently using the full range
of testing options, including third-party testing, often have
more reasonable wait times.
Advanced safety technologies.--The Committee supports the
use of safety features on all motor vehicles and is concerned
about the need for commercial operators to receive exemptions
every two years from regulations that have not been updated for
advances in safety technology such as lane departure warning
and autonomous emergency braking. The need to renew these
exemptions is unnecessarily burdensome for industry and creates
uncertainty for both manufacturers and drivers. The Committee
believes these exemptions could be revised to be without ending
dates until such time as FMCSA determines a reason for
revocation. This would allow FMCSA to continue its review of
these safety matters without imposing unnecessary costs and
uncertainty on the industry.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of Contract Limitation on
Authorization Obligations
------------------------------------------------------------------------
Appropriation, fiscal year $313,000,000 ($313,000,000)
2015.......................
Budget request, fiscal year 339,343,000 (339,343,000)
2016.......................
Recommended in the bill..... 313,000,000 (313,000,000)
Bill compared with:
Appropriation, fiscal year - - - - - -
2015.......................
Budget request, fiscal -26,343,000 (-26,343,000)
year 2016..................
------------------------------------------------------------------------
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 safety enforcement at the U.S. borders,
improvement of state commercial driver's license oversight
activities, and improvements in linking states' motor vehicle
registration systems and carrier safety data.
COMMITTEE RECOMMENDATION
The Committee recommends $313,000,000 in liquidating cash
for this program, as well as a $313,000,000 limitation on
obligations, in fiscal year 2016. These levels, which are
contingent upon reauthorization, are the same as fiscal year
2015 enacted and $26,343,000 below the budget request.
The Committee recommends the following obligation
limitations for grants funded under this account:
------------------------------------------------------------------------
------------------------------------------------------------------------
Motor carrier safety assistance program.............. ($218,000,000)
Commercial driver's license program improvement (30,000,000)
grants..............................................
Border enforcement grants program.................... (32,000,000)
Performance and registration information system (5,000,000)
management grants...................................
Commercial vehicle information systems and networks (25,000,000)
deployment program..................................
Safety data improvement grants....................... (3,000,000)
------------------------------------------------------------------------
New entrant audits.--Of the funds made available for the
motor carrier safety assistance program, the Committee
recommends $32,000,000 for audits of new entrant motor
carriers, which is the same as fiscal year 2015.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130. The Committee continues language subjecting
the funds appropriated in this Act to the terms and conditions
included in prior appropriations Acts regarding Mexico-
domiciled motor carriers.
Section 131. The Committee continues language that requires
FMCSA to send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or some other manner of
delivery which records receipt of the notice by the persons
responsible for the violations.
Section 132. The Committee continues with modification
language to suspend enforcement of the restart provisions of
the hours of service regulation that went into effect on July
1, 2013 unless the Secretary and the Department of
Transportation Inspector General determine that a mandated
study has met statutory requirements and that the results of
such study demonstrate improvements across all outcomes.
Section 133. The Committee continues language that
prohibits funds from being used to deny an application to renew
a hazardous materials safety permit unless a carrier has the
opportunity to present its own corrective actions and the
Secretary determines such actions are insufficient.
Section 134. The Committee adds language that prohibits
funds from being used to issue regulations that increase levels
of minimum financial responsibility for motor carriers.
Section 135. The Committee adds language that prohibits
funds from being used for a wireless roadside inspection
program until 180 days after the Secretary makes specific
certifications to the House and Senate Committees on
Appropriations.
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.
AUTHORIZATION FOR FISCAL YEAR 2016
At this time, it remains unclear what authorization law (or
laws) will be effective during fiscal year 2016. Therefore, the
Committee must recommend appropriations for programs without
authorization and the Committee's recommendations for NHTSA are
contingent upon reauthorization.
It is the Committee's intention that appropriations made by
this bill will be wholly contingent on reauthorization and will
be distributed only in accordance with the new authorization
law.
COMMITTEE RECOMMENDATION
The Committee recommends $836,500,000, which is $6,500,000
above fiscal year 2015 and $71,500,000 below the budget
request.
The following table summarizes the Committee's
recommendations:
----------------------------------------------------------------------------------------------------------------
2015 enacted Committee
2016 request recommendation
----------------------------------------------------------------------------------------------------------------
Operations and research (general fund and highway trust fund) $268,500,000 $331,000,000 $275,000,000
Highway traffic safety grants (highway trust fund)........... 561,500,000 577,000,000 561,500,000
Total.................................................... 830,000,000 908,000,000 836,500,000
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
(General (Highway trust
fund)\1\ fund) Total
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2015.............................. $130,000,000 $138,500,000 $268,500,000
Budget request, fiscal year 2016............................. 179,000,000 152,000,000 331,000,000
Recommended in the bill...................................... 150,000,000 125,000,000 275,000,000
Bill compared to:
Appropriation, fiscal year 2015............................ +20,000,000 -13,500,000 +6,500,000
Budget request, fiscal year 2016........................... -29,000,000 -27,000,000 -56,000,000
----------------------------------------------------------------------------------------------------------------
\1\For comparison purposes, the table does not reflect the budget proposal to fund all of NHTSA's Operations and
Research activities with mandatory budget authority.
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, and development of improved
accident investigation procedures.
COMMITTEE RECOMMENDATION
The Committee recommends $275,000,000, which is $6,500,000
above fiscal year 2015 enacted and $56,000,000 below the budget
request. Of this total, $150,000,000 is from the general fund
for operations and vehicle safety research, and $125,000,000 is
from the highway trust fund for operations and behavioral
highway safety research. The Committee rejects the request to
fund vehicle safety activities out of the highway trust fund
rather than the general fund. The recommendation includes a
$2,000,000 increase for the new car assessment program, a
$5,000,000 increase for safety defects investigation, a
$3,000,000 increase for crash avoidance, and a $4,100,000
increase for vehicle electronics and emerging technologies.
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 provides $6,500,000 for NHTSA to develop 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.
Emerging technology research.--As vehicle safety features
continue to advance, it is imperative that NHTSA have a clear
understanding of various new technologies and implications for
cybersecurity. Understanding how these advances are evolving
and converging will ensure that consumers, regulators, and
safety advocates are best able to navigate and implement these
technologies. To forward this understanding, the Committee
recommendation funds amounts requested for vehicle electronics
and emerging technology research, and amounts requested for
crash avoidance.
Drug-impaired driving.--The Committee is concerned that
incidents of impaired driving are rising, especially as states
consider measures to decriminalize marijuana. A 2015 GAO report
on drug-impaired driving found that NHTSA's public awareness
programs do not explicitly include information on the dangers
of drug-impaired driving and that a reliance on terms like
``sober'' and ``drunk'' in campaign slogans excludes the
dangers of driving after consuming drugs like marijuana. GAO
also found that state officials cite a need for public
education more explicitly focused on drugged driving,
particularly on impairment due to marijuana, prescription
drugs, and over-the-counter medications. GAO recommends that
NHTSA identify specific actions that the agency can take, in
addition to its currently planned efforts, to support state
efforts to increase public awareness of drug-impaired driving.
The Committee directs NHTSA to follow GAO's recommendation.
NHTSA shall deliver a plan to the House and Senate Committees
on Appropriations within 90 days of enactment that identifies
and details these additional actions and provides a schedule of
when and how they will be implemented.
Distracted driving research alternatives.--NHTSA continues
to conduct and rely on diverse research methodologies,
including laboratory, simulator, test track, and naturalistic
studies to understand and address the complex nature of
distracted driving. NHTSA has a long history of using
laboratory, simulator and test track methodologies as evidenced
by 19 studies the agency has conducted over the past 12 years
and has recently added naturalistic studies to expand its
understanding of distracted driving. The Committee encourages
NHTSA to continue conducting and using diverse methodologies in
the agency's efforts to address this challenging and risky
driving behavior.
Plastics and polymer-based composite materials.--The
Committee recognizes the importance that plastics and polymer-
based composite materials play in reducing vehicle weight and
improving fuel economy. They provide vehicle manufacturers with
innovative tools to reduce fuel consumption and, by
association, vehicle emissions. As manufacturers plan for
future fleets, composite materials offer benefits for meeting
new targets established under federal fuel efficiency
standards. The Committee recognizes that composite
manufacturing is a new and growing industry and encourages
NHTSA to work with industry partners to accelerate the
advancement of the state of the art for computer modeling of
advanced plastic and polymer composites. This includes testing
and evaluation techniques as well as validation of polymer-
based composite safety performance in structural applications
for the automotive industry. NHTSA should help facilitate
cooperation between DOT, the Department of Energy, and industry
stakeholders for the development of safe, light-weight
automotive designs.
Vehicle safety and fuel economy rulemaking and research
priority plan.-- The Committee commends NHTSA for its effort to
keep the public abreast of its long term plans for ensuring
motor vehicle safety. Documents such as the NHTSA Vehicle
Safety and Fuel Economy Rulemaking and Research Priority Plan
2011-2013 published in 2011 provide researchers, manufacturers,
and consumers with a road map and timeline of how the agency
plans to proceed with specific reforms. The Committee
encourages NHTSA to reengage the public through biennial
updates of the priority plan in an effort to ensure that all
stakeholders are prepared for actions being considered.
Child vehicle heatstroke prevention.--The Committee
commends NHTSA for its work to educate the public on the
dangers involving heatstroke in young children. These efforts
have raised awareness and resulted in changes in behavior by
parents and others. In order to sustain this progress, the
Committee urges NHTSA to continue its prevention campaign
including engagement with stakeholders. The Committee further
urges NHTSA to focus on those states that experience the most
child deaths per capita, and to utilize existing communications
platforms, such as dynamic highway message signs, to enhance
ongoing awareness programs during the hot weather season.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of
contract Limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year 2015. $561,500,000 ($561,500,000)
Budget request, fiscal year 2016 577,000,000 (577,000,000)
Recommended in the bill......... 561,500,000 (561,500,000)
Bill compared with:
Appropriation, fiscal year - - - (- - -)
2015...........................
Budget request, fiscal year -15,500,000 (-15,500,000)
2016...........................
------------------------------------------------------------------------
The highway traffic safety state grant programs authorized
under MAP-21 include: highway safety programs, national
priority safety programs, 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 $561,500,000 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 2016 for the highway traffic safety grants
programs to $561,500,000. These levels are the same as fiscal
year 2015 enacted and $15,500,000 below the budget request. The
recommendation includes $5,574,000 for in-vehicle alcohol
detection device research.
The Committee recommends the following funding allocations
for grant programs:
Highway safety programs.............................. ($235,000,000)
National priority safety programs.................... (272,000,000)
High visibility enforcement program.................. (29,000,000)
Administrative expenses.............................. (25,500,000)
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140. The Committee continues a provision that
provides limited funding for travel and related expenses
associated with state management reviews and highway safety
core competency development training.
Section 141. The Committee continues a provision that
exempts from the current fiscal year's obligation limitation
any obligation authority that was made available in previous
public laws.
Section 142. The Committee continues a provision that
prohibits funding for the national highway safety advisory
committee.
Section 143. The Committee continues a provision that
prohibits funding for NHTSA's national roadside survey.
Section 144. The Committee continues a provision that
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 2015....................... $186,870,000
Budget request, fiscal year 2016...................... 203,800,000
Recommended in the bill............................... 186,870,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -16,930,000
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 $186,870,000 for safety and
operations, which is equal to the fiscal year 2015 enacted
level and $16,930,000 below the budget request. Of the amount
provided under this heading, $15,400,000 is available until
expended. Funding includes $1,060,000 to hire 16 new grade
crossing managers and $265,000 to hire four trespass prevention
managers.
FRA hiring and vacancies.--Retaining employees and filling
vacant positions has been an on-going challenge for FRA. On
September 25, 2014, FRA finalized its Strategic Human Capital
Plan, a document that includes strategies to recruit, retain,
and align personnel with a changing environment. FRA has
employed new strategies and appears to be making some progress
in filling positions. However, as of April 10, 2015, the agency
had 99 vacancies, a total of 11 percent of the agency's 933
authorized positions. More than half of the vacancies (56) are
in the office of railroad safety, and the overwhelming majority
of those (43) are safety inspectors. The Committee directs FRA
to provide the House and Senate Committees on Appropriation
with comprehensive hiring and vacancy reports on a quarterly
basis.
Grade crossing safety.--According to FRA, from fiscal year
2013 to 2014, the number of collisions at highway-railroad
grade crossings increased by 12 percent and the number of
fatalities remained a constant 249. However, on a calendar year
basis, the number of fatalities increased by more than 15
percent. Since the beginning of this year, three tragic
collisions in New York, North Carolina and California resulted
in 7 fatalities and dozens of injuries. Rail grade crossing
safety is a multi-modal safety challenge for the Department of
Transportation. The Committee notes that the Acting FRA
Administrator has reached out to law enforcement officials to
increase awareness of the dangers at highway-railroad grade
crossings and to urge additional oversight at crossings that
present the highest risk. The Committee directs the FRA to
require each State to develop and implement a State grade
crossing action plan, which identifies specific solutions to
improve safety at high risk crossings. In addition, the
Committee directs FRA to require completion of plans no later
than 18 months after enactment of this Act and to make each
plan publicly available on its website. Further, FRA should
collaborate with the National Highway Traffic Safety
Administration on efforts to increase public awareness of the
dangers at highway-railroad grade crossings and with the
Federal Highway Administration to urge States to utilize
highway safety improvement program funds to eliminate the grade
crossings that pose the greatest risk.
Congestion at international rail crossings.--Last year, the
Committee directed the Government Accountability Office (GAO)
to conduct an assessment of the best practices to reduce rail
border crossing times and associated street blockage on the
United States side of the border. The Committee understands
GAO's review will examine the impact of reduced staff changing
times, pre-clearance options for train operators on either side
of the border, and train operator locations. GAO has commenced
its review and the Committee looks forward to the final report
and findings.
Passenger Rail between Mexico & United States.--The
Committee understands that standards or protocols for passenger
rail between the United States and Mexico do not currently
exist. The Committee encourages FRA to work with all relevant
state and Federal agencies and their Mexican counterparts to
study what standards and protocols are needed to facilitate a
passenger and freight rail line between the United States and
Mexico, in Texas, and other international land crossings.
Transportation of crude oil by rail.--There have been three
accidents involving crude oil shipments since the beginning of
2015, occurring in West Virginia, Illinois, and North Dakota.
On April 17, 2015, the FRA Acting Administrator, in
coordination with the Pipeline and Hazardous Material Safety
Administration, announced a package of targeted actions to
address some of the issues identified in recent crude oil and
ethanol train accidents. It issued a new emergency order
limiting trains carrying large amounts of class 3 flammable
liquid through highly populated areas to 40 mph in High Threat
Urban Areas. In addition, it issued a safety advisory that
strengthened brake and mechanical inspections on trains
transporting large quantities of flammable liquids, and
directed the industry to decrease the threshold for wayside
detectors that measure wheel impacts. Another safety advisory
directed that information about the train and its cargo
immediately be available for use by emergency responders and
Federal investigators. In addition, on May 1, 2015 DOT
announced a final and comprehensive rule aimed at improving the
safe transport of high hazard flammable liquids.
Positive train control (PTC).--Section 104 of the Rail
Safety Improvement Act (RSIA) of 2008 required specified
freight and passenger railroads to deploy positive train
control systems by December 31, 2015, on regularly scheduled
passenger commuter lines and lines that carry poisonous or
toxic-inhalation-hazard materials. During the Committee's March
25, 2015 hearing on FRA's fiscal year 2016 budget request,
FRA's Acting Administrator acknowledged that full system build-
out of PTC will not occur by the deadline. The Committee notes
that the authorizing committees of jurisdiction are considering
legislation that could address some of the issues associated
with the PTC deadline. Full implementation of PTC will enhance
the safety and efficiency of railroad operations; therefore,
the Committee urges affected railroads to move aggressively to
implement this important technology. The Committee directs FRA
to provide progress updates on railroads' PTC implementation.
Multi-state planning.--The Committee urges the FRA to
engage stakeholders in the southeastern region of the United
States to develop a multi-state planning process for improving
the intercity passenger rail network. The Committee directs FRA
to provide an update on this effort to the House and Senate
Appropriations Committees within 180 days of enactment.
State-supported passenger rail.--Section 209 of the
Passenger Rail Improvement and Investment Act (PRIIA) required
Amtrak and affected states to develop and implement a
standardized methodology for establishing and allocating
operating and capital costs for State-supported Amtrak routes.
As states and Amtrak progress in implementation of the section
209 cost-allocation methodology, the Committee urges FRA to
provide the Section 209 Working Group appropriate technical and
operational assistance.
RAILROAD RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2015....................... $39,100,000
Budget request, fiscal year 2016...................... 39,250,000
Recommended in the bill............................... 39,100,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -150,000
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 $39,100,000
for railroad research and development, which is $150,000 below
the fiscal year 2016 budget request and equal to the fiscal
year 2015 enacted level.
The funding level 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.
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 the program,
because a non-federal partner may contribute the subsidy amount
required by the Credit Reform Act of 1990 in the form of a
credit risk premium.
The Committee maintains 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 2016.
RAIL SERVICE IMPROVEMENT PROGRAM
Appropriation, fiscal year 2015....................... - - -
Budget request, fiscal year 2016...................... $2,325,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -2,325,000,000
\1\The Administration's budget requested $2,325,000,000 in mandatory
spending from the Highway Trust Fund for a new rail service
improvement program.
The FRA budget documents include a new rail service
improvement program. The program is a new, unauthorized
program.
COMMITTEE RECOMMENDATION
The Committee recommends no funding for the rail service
improvement program in fiscal year 2016. The recommendation is
the same as the fiscal year 2015 enacted level, and
$2,325,000,000 below the budget request.
CURRENT PASSENGER RAIL SERVICE PROGRAM
Appropriation, fiscal year 2015....................... - - -
Budget request, fiscal year 2016...................... \1\$2,450,000,00
0
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -2,450,000,000
\1\The Administration requested $2,450,000,000 in mandatory spending
from the Highway Trust Fund for a rail service improvement program,
which includes funding for both capital and operating grants.
In fiscal year 2016, the FRA requested a new current
passenger rail service program that replaces the National
Passenger Rail program.
COMMITTEE RECOMMENDATION
The Committee recommends no funding for the current
passenger rail service program in fiscal year 2016 instead; the
Committee provides funds for this purpose under the heading,
``Grants to the National Passenger Railroad Program''. The
recommendation is the same as the fiscal year 2015 enacted
level and $2,450,000,000 below the budget request.
Grants to the National Railroad Passenger Corporation (AMTRAK)
Amtrak operates trains over 20,000 miles of track owned by
freight railroad carriers, and over about 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 74-110
miles per hour.
Amtrak runs a deficit each year and requires a federal
subsidy to cover both operating losses and capital investments.
In the past, it was impossible to discern from Amtrak's or
FRA's budget request or other publically available data,
Federal funding required to operate Amtrak's network by line of
business. In fact, funding requests consistently exceeded
operating losses by one-third. Amtrak is requesting funds in a
clearer structure, by four lines of business. Amtrak budget
request details revenues and expenses by each line of business.
It is now transparent to Congress and the American taxpayers
where Amtrak is using its Federal appropriations.
Congressional budget justification.--The Committee
appreciates the level of detail in the fiscal year 2016 budget
justifications and directs Amtrak to continue to submit
justifications with a similar level of detail in all future
budget years.
The Passenger Rail Reform and Investment Act of 2015 (PRRIA
2015).--The U.S. House of Representatives passed PRRIA 2015 by
a 316:101 margin on March 4, 2015. The bill developed a new
structure for Amtrak that delineated the funding for Amtrak
into two lines of business: the Northeast Corridor Improvement
Fund; and the National Network, which includes long-distance
trains and state supported routes; and overhead. It also
includes authorizations for national infrastructure
investments, or capital projects. The Committee looks forward
to the enactment of a final bill.
Operating Grants to the National Railroad Passenger Corporation
Appropriation, fiscal year 2015....................... \1\$250,000,000
Budget request, fiscal year 2016...................... \2\0
Recommended in the bill............................... \3\288,500,000
Bill compared with:
Appropriation, fiscal year 2015..................... +38,500,000
Budget request, fiscal year 2016.................... - - -
\1\The Consolidated and Further Continuing Appropriations Act, 2015,
allowed Amtrak to transfer up to $50,000,000 if and to the extent that
operating losses exceeded $250,000,000. Amtrak's operating loss
totaled $289,600,000 in fiscal year 2015. A total of $39,600,000 of
capital funds were transferred to offset operating losses.
\2\FRA's budget request for Amtrak assumed a new structure for the
Corporation. It requested $2,450,000,000 for the Current Passenger
Rail account, which includes both operating and capital funds for
Amtrak.
\3\The appropriation allows transfers of up to $20,000,000 if and to the
extent that Amtrak's operating losses exceed $288,500,000 in fiscal
year 2016.
Northeast Corridor profits are expected to increase to
$366,800,000, an all-time high. However, losses on long-
distance and state supported routes increased slightly and
result in a total operating loss of $288,500,000 for the
Corporation, mainly due to losses on the long-distance routes.
The Corporation expects to require $1,100,000 fewer Federal
dollars to subsidize the operation in fiscal year 2016 than it
required in fiscal year 2015. The table below reflects the
profitability, or lack thereof, of each of Amtrak's lines of
business.
AMTRAK'S OPERATING PROFIT/(LOSS)
By Line of Business
FY 2011-FY 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2015 FY 2016
Line of business FY 2011 FY 2012 FY 2013\1\ FY 2014 (Forecast) (Request)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northeast Corridor................................ $255,000,000 $283,000,000 $289,600,000 $286,300,000 $356,900,000 $366,800,000
State Corridors................................... (148,000,000) (156,000,000) (161,400,000) (88,600,000) (94,900,000) (93,100,000)
Long Distance Routes.............................. (554,000,000) (558,000,000) (587,000,000) (614,700,000) (628,400,000) (639,200,000)
National Assets................................... 1,000,000 69,000,000 100,400,000 77,000,000 76,900,000 76,900,000
Total Profit/(Loss)............................... (446,000,000) (362,000,000) (358,400,000) (340,000,000) (289,600,000) (288,500,000)
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\The fiscal year 2013 figures include Hurricane Sandy impacts, which resulted in an operating loss of $50,000,000.
COMMITTEE RECOMMENDATION
The Committee recommends $288,500,000 for operating grants
for Amtrak, equal to the amount of operating losses Amtrak
expects to sustain in fiscal year 2016. This amount is
$38,500,000 above the fiscal year 2015 enacted appropriation;
but $1,100,000 less than the total operating subsidy after
accounting for $39,600,000 in capital funds transfers in fiscal
year 2015. For fiscal year 2016, the Committee includes a
provision allowing Amtrak to transfer up to $20,000,000 in
capital funds to the extent that the corporation's operating
losses exceed $288,500,000.
Food, beverage and first class services.--Although Amtrak
has consistently incurred losses on its food and beverage and
first class service, the Corporation has developed a food and
beverage plan that will end losses on food and beverage service
in 2019. As the table below demonstrates, total food and
beverage revenue has increased, and costs are fairly stable,
resulting in some improvement in cost recovery. The Corporation
continues to incur losses in this area, as expenses--
particularly labor expenses--overwhelm revenues. In fiscal year
2016, Amtrak anticipates that losses will decrease to
$53,200,000, and cost recovery will increase to 74 percent.
AMTRAK'S FOOD AND BEVERAGE LOSSES AND COST RECOVERY
FISCAL YEAR 2011-FY 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
FY 2015 FY 2016
FY 2011 FY 2012 FY 2013 FY 2014 (Forecast) (Forecast)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revenue................................................. $121,500,000 $132,900,000 $134,400,000 $138,600,000 $143,900,000 $153,100,000
Expenses................................................ 206,000,000 204,900,000 207,400,000 214,400,000 203,800,000 206,300,000
Loss.................................................... (84,600,000) (72,000,000) (73,000,000) (75,800,000) (59,900,000) (53,200,000)
Cost Recovery........................................... 59% 65% 65% 65% 71% 74%
--------------------------------------------------------------------------------------------------------------------------------------------------------
As the tables below indicate, the major contributor to food
and beverage losses is labor costs. The average fully loaded
hourly compensation for the nearly 1,300 food and beverage
employees ranged from $38.91 to $50.46 in fiscal year 2015.
Amtrak's last negotiated labor agreement expired in January
2015, and a new one is currently under negotiation.
The Committee notes that on March 26, 2015, Amtrak's
president announced that the corporation will make changes to
non-agreement retirement benefits, specifically pension and
retiree medical plans, effective this summer. The new policy
will not eliminate any benefits that employees have already
accrued. Amtrak's press release stated that the Corporation is
an outlier compared to its competitors and can no longer
sustain the growing financial burden of its retirement
benefits. Amtrak stated that after modification, retiree
benefits will be more consistent with other companies in the
industry and other for-profit companies. These changes will
affect approximately 3,000 managers, or about 15 percent of the
workforce. It will result in almost $7,000,000 cash and
$150,000,000 non-cash (liability) savings in fiscal year 2016
and additional amounts in the outyears. The Committee applauds
Amtrak for making these hard choices and encourages Amtrak to
consider similar measures to save taxpayers funds.
FOOD AND BEVERAGE LOSSES BY ROUTE TYPE
FISCAL YEAR 2015 (FORECAST)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revenues Expenses
----------------------------------------------------------------
Routes Food and Profit/Loss Cost Recovery
Beverage On-Board Labor Commissary Total Direct
Revenue Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northeast Corridor...................................... $44,500,000 $14,400,000 $19,400,000 $33,800,000 $10,700,000 131.6%
State-supported......................................... 27,300,000 17,400,000 16,000,000 33,400,000 (6,100,000) 81.7
Long-Distance........................................... 72,200,000 85,700,000 50,900,000 136,600,000 (64,400,000) 52.8
Total 143,900,000 117,500,000 86,300,000 203,800,000 (59,900,000) 70.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
FOOD AND BEVERAGE LOSSES BY ROUTE TYPE
FISCAL YEAR 2016 (FORECAST)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Revenues Expenses
----------------------------------------------------------------
Routes Food and Profit/Loss Cost Recovery
Beverage On-Board Labor Commissary Total Direct
Revenue Costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Northeast Corridor...................................... $47,200,000 $15,000,000 $19,500,000 $34,600,000 $12,600,000 136.4%
State-supported......................................... 29,300,000 18,100,000 15,700,000 33,800,000 (4,500,000) 86.6
Long-Distance........................................... 76,600,000 87,300,000 50,600,000 137,900,000 (61,300,000) 55.1
Total............................................... 153,100,000 120,500,000 85,800,000 206,300,000 (53,200,000) 74.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Long distance routes accounted for the majority of food and
beverage losses. While the Northeast Corridor will fully cover
its costs and make a profit, the long distance routes will
incur a loss and only recover a little over half of its food
and beverage costs.
Amtrak has implemented some efficiency improvements and
continues to do so. Amtrak's OIG report dated October 31, 2013
stated that past actions resulted in limited efficiency gains
because they were applied to the existing business model and
were balanced by increased labor costs.
Amtrak Overtime.--Overtime expenses rose in calendar year
2014 to $213,212,097, an increase of 14 percent above calendar
year 2013. Overtime earned constituted nearly 17 percent of
total wages for the corporation in calendar year 2014.
AMTRAK WAGES AND OVERTIME
AGREEMENT EMPLOYEES
Calendar Year 2011-Calendar Year 2014
----------------------------------------------------------------------------------------------------------------
CY 2011 CY 2012 CY 2013 CY 2014
----------------------------------------------------------------------------------------------------------------
Straight time Wages................. $957,800,000 $977,200,000 $1,022,700,000 $1,046,300,000
Overtime Wages...................... 201,773,400 163,539,500 186,808,700 213,212,100
Total Wages......................... 1,159,573,400 1,140,739,500 1,209,508,700 1,259,512,100
Overtime as a Percentage of Wage.... 17.4% 14.3% 15.4% 16.9%
----------------------------------------------------------------------------------------------------------------
The Committee has included a provision for four years that
limits overtime to $35,000 per employee, and allows Amtrak's
president to waive this restriction for specific employees for
safety or operational efficiency reasons. As the table below
shows, the number of employees that earned more than $35,000 in
overtime totaled 1,197, an increase of 17 percent above
calendar year 2013. Amtrak overtime payments to those that
exceeded $35,000 per year totaled $58,648,300, an increase of
nearly 20 percent above 2013. According to the corporation,
overtime for employees earning over $35,000 per year increased
because of the deterioration of on-time performance of many
long-distance trains and vacancies and absences.
AMTRAK OVERTIME
OVERTIME EARNINGS EXCEEDING $35,000 PER YEAR
Calendar Year 2011-Calendar Year 2014
----------------------------------------------------------------------------------------------------------------
CY 2011 CY 2012 CY 2013 CY 2014
----------------------------------------------------------------------------------------------------------------
Total Overtime Wages for employees $54,818,000 $32,681,000 $49,082,458 $58,648,000
that exceed $35,000 per year.......
Number of Employees with Overtime 1,123 703 1,022 1,197
Exceeding $35,000 per year.........
----------------------------------------------------------------------------------------------------------------
To ensure the Corporation continues to make progress
managing its personnel and focusing on overtime reduction, the
Committee includes bill language consistent with prior years,
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 quarterly regarding waivers granted. It also
requires Amtrak to submit an annual report summarizing overtime
payments incurred by the corporation for calendar year 2015 and
the three prior years. The summary shall include total number
of employees that received waivers, total overtime payments
paid to employees receiving waivers for each month for 2015 and
the prior three calendar years.
Reduced price fares.--The bill continues a provision that
prohibits funding on routes where Amtrak is offering 50 percent
or more off the normal, peak fare.
CAPITAL AND DEBT SERVICE GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
Appropriation, fiscal year 2015....................... $1,140,000,000
Budget request, fiscal year 2016\1\................... - - -
Recommended in the bill............................... 850,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -290,000,000
Budget request, fiscal year 2016.................... - - -
\1\FRA's budget request for Amtrak assumed a new structure for the
Corporation. It requested $2,450,000,000 for the Current Passenger
Rail account, which includes both operating and capital funds for
Amtrak.
COMMITTEE RECOMMENDATION
The Committee recommends $850,000,000 for capital grants
and debt service compliance with the Americans with
Disabilities Act. The Committee's recommendation is
$290,000,000 below the level enacted in fiscal year 2015.
Northeast Corridor Infrastructure and Operations Advisory
Commission.--The Committee recommends up to $3,000,000. The
Committee directs the Northeast Corridor Infrastructure and
Operations Advisory Commission to submit its fiscal year 2017
budget request to the Appropriations Committees in similar
format and substance as those submitted by other executive
agencies of the federal government.
Capital planning.--Amtrak OIG's report dated September 27,
2013 found that Amtrak had significant weaknesses in its
capital planning process, and did not consistently employ sound
business practices. The report stated that Amtrak approved
purchases without a needs assessment or without identifying how
a project would relate the financial and non-financial goals of
the company. In the summer of 2014, Amtrak issued a corporate-
wide policy for developing sound project proposals and
improving business practices. The corporation has continued to
strengthen that document. To ensure Amtrak continues to focus
on sound financial practices, the Committee includes bill
language requiring a business case analysis on capital
investments that exceed $10,000,000 in life cycle costs.
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Section 150. The Committee retains a provision which allows
FRA to receive and use cash or spare parts to repair and
replace damaged automated track inspection cars and equipment
in connection with the automated track inspection program.
Section 151. 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 2015 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 2015 and
the prior three calendar years.
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 Moving Ahead
for Progress in the 21st Century Act (MAP-21) (P.L. 112-141)
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 the FTA's administrative
expenses, research programs, and capital investment grants. The
transit programs authorized under MAP-21 expire on May 31,
2015.
ADMINISTRATIVE EXPENSES
Appropriation, fiscal year 2015....................... $105,933,000
Budget request, fiscal year 2016...................... 114,400,000
Recommended in the bill............................... 102,933,000
Bill compared with:
Appropriation, fiscal year 2015..................... -3,000,000
Budget request, fiscal year 2016.................... -11,467,000
COMMITTEE RECOMMENDATION
The Committee recommends a total of $102,933,000 for FTA's
administrative expenses, a decrease of $11,467,000 below the
budget request and $3,000,000 below the 2015 enacted level. Of
the funds provided, up to $4,000,000 is for authorized safety
activities and not less than $750,000 is for asset management
activities. The Committee's recommendation provides these funds
from the General Fund, as usual, and rejects the proposal to
fund basic salaries and expenses from a trust fund.
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 the 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 2016.
Budget justifications.--If the quality of the congressional
budget justification documents was directly related to the
funding recommendation of the Committee, FTA would be looking
an administrative expenses level of $100. However, that
wouldn't allow for the timely release of formula funds and
transit agencies across the country would suffer as a
consequence, so the Committee is holding administrative
expenses to near last year's funding level.
The Committee is open to considering increases, where
appropriate, with careful and thoughtful justification provided
by the agency. Asking for a 50 FTE increase with only one half-
page chart comparing the number of staff against mythical
program levels proposed in the budget is absurd. If FTA
continues to seek additional staffing resources in fiscal year
2017, the budget justifications must improve.
The Committee continues the direction to FTA to submit
future budget justifications in a format consistent with the
instruction provided in House Report 109-153. FTA is free to
submit a budget in alternate formats, but must also include the
information required by the Committee. Further, consistent with
the direction provided in Office of the Secretary--
Transportation, FTA is directed to justify each general
provision proposed. If the budget proposes to drop or delete a
general provision, the Department is directed to explain the
change as well. FTA failed to comply fully with this very
simple and basic requirement in the fiscal year 2016 budget
documents. The Committee reminds FTA to provide this
information.
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, 2016.
Transit security.--The Committee continues bill language
prohibiting FTA from creating a permanent office of transit
security.
Full funding grant agreements (FFGAs).--TEA-21 required
that the 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 the 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 2020; (4) a
detailed analysis of annual commitments for current and
anticipated FFGAs against the program authorization; (5) an
evaluation of whether the alternatives analysis made by the
applicant fully assessed all viable alternatives; (6) 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; (7) the source
and security of all public- and private-sector financial
instruments; (8) the project's operating plan, which enumerates
the project's future revenue and ridership forecasts; and (9) 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. Considering the scale of the proposed
projects, the changes to the program in MAP-21 and any future
authorization acts, and the massive growth in this account, the
Committee finds monthly oversight reports particularly useful.
Core capacity.--FTA's Rail Modernization Study in 2009
highlighted the state-of-good repair needs of our nation's
oldest transit systems and the challenges of increasing
capacity on established legacy fixed-guideway systems to meet
ridership demand. This study provided the framework for the
eventual authorization of the core capacity program, and the
Committee is interested in FTA's implementation of this new,
MAP-21 program. The Committee directs FTA to report within 180
days of enactment of this Act on how the new core capacity
program could address both increased ridership and constrained
infrastructure expansion challenges, particularly in legacy
heavy rail systems.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORITY)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
Liquidation of Limitation on
contract authorization obligations
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2015............................... $9,500,000,000 $8,595,000,000
Budget request, fiscal year 2016.............................. 13,800,000,000 13,800,000,000
Recommended in the bill....................................... 9,500,000,000 8,595,000,000
Bill compared with:
Appropriation, fiscal year 2015........................... - - - - - -
Budget request, fiscal year 2016.......................... -4,300,000,000 -5,205,000,000
----------------------------------------------------------------------------------------------------------------
MAP-21 provided 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 safety oversight program, 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 facility formula grants, the bus testing facility,
planning programs, transit oriented development, National
Transit Institute, 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
$8,595,000,000 for the formula programs and activities, which
is the same as the fiscal year 2015 enacted level. The
Committee's recommendation also includes $9,500,000,000 in
liquidating funds. Funds are consistent with the final year of
MAP-21 and contingent on authorization.
Transit formula allocations.--The Committee stands by the
principle that small and mid-sized cities should have equal
opportunity to access Federal transit dollars as larger cities
do, and supports efforts to recalculate funding formulas in
order to ensure parity for these systems. The Committee is
still awaiting the report due October 1, 2015 as requested in
H. Report 113-136 regarding the transit formula allocation to
medium and small cities.
PUBLIC TRANSPORTATION EMERGENCY RELIEF PROGRAM
Appropriation, fiscal year 2015....................... - - -
Budget request, fiscal year 2016...................... $25,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -25,000,000
MAP-21 authorized a new program to provide funds to transit
agencies after disaster events to restore service. Both capital
and operating costs are eligible.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include funds for
emergency relief program. The Committee will make funding
determinations for emergency funds on a case-by-case basis.
TRANSIT RESEARCH
Appropriation, fiscal year 2015....................... $33,000,000
Budget request, fiscal year 2016...................... 33,000,000
Recommended in the bill............................... 26,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -7,000,000
Budget request, fiscal year 2016.................... -7,000,000
MAP-21 authorizes FTA to provide funds under Sec. 5312 of
title 49 to invest in the development, testing, and deployment
of innovative technologies, materials and processes; and under
Sec. 5313 of title 49 to fund the National Academy of Sciences
to conduct investigative research on subjects related to public
transportation.
COMMITTEE RECOMMENDATION
The Committee recommends $26,000,000 for transit research
authorized, $7,000,000 below last year and the budget request.
Funds are available for activities under Sec. 5312 of title 49.
The 2016 budget proposed $60,000,000 in one research account
instead of the two account structure provided last year and in
this bill. Of the total request, $33,000,000 was identified for
innovative technologies and research.
The Committee requires FTA to report by May 15, 2016, on
all FTA-sponsored research projects from fiscal year 2015 and
2016 at the National Academy of Sciences.
TECHNICAL ASSISTANCE AND TRAINING
Appropriation, fiscal year 2015....................... $4,500,000
Budget request, fiscal year 2016...................... 27,000,000
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -1,500,000
Budget request, fiscal year 2016.................... -24,000,000
MAP-21 authorizes FTA to provide technical assistance under
Sec. 5314 of title 49 to the public transportation industry and
to develop standards for transit service provision, with an
emphasis on improving access for all individuals and
transportation equity; and under Sec. 5222 of title 49 for
human resource and training activities, and workforce
development programs.
COMMITTEE RECOMMENDATION
The Committee recommends $3,000,000 for technical
assistance and training, $1,500,000 below the 2015 level, and
$24,000,000 below the request. Funds are available for
activities under Sec. 5312 of title 49. The 2016 budget
proposed $60,000,000 in one research account instead of the two
account structure provided last year and in this year's bill.
Of the total request, $27,000,000 was identified for innovative
technologies and research.
Public transportation options for seniors.--The Committee
encourages FTA to continue exploring improvements for the
transportation options for seniors, including public
transportation options where available, but also including
software programs that leverage unused private transportation
capacity to promote transportation for seniors in small and
rural communities.
CAPITAL INVESTMENT GRANTS
Appropriation, fiscal year 2015....................... $2,120,000,000
Budget request, fiscal year 2016...................... 3,250,000,000
Recommended in the bill............................... 1,921,395,000
Bill compared with:
Appropriation, fiscal year 2015..................... -198,605,000
Budget request, fiscal year 2016.................... -1,328,605,000
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 $1,921,395,000 for capital
investment grants which is $198,605,000 below the fiscal year
2015 enacted level and $1,328,605,000 below the budget request.
The fiscal year 2016 recommendation provides $1,250,000,000
for all current and on-going full funding grant agreements
(FFGA) consistent with the agreed-upon payout schedules for
each project.
------------------------------------------------------------------------
Signed FFGAs Fiscal Year 2016 Funds
------------------------------------------------------------------------
CA--Regional Connector Transit Corridor........ $100,000,000
CA--Third Street Light Rail Phase 2--Central... 150,000,000
CA--Silicon Valley Berryessa Extension......... 150,000,000
CO--RTD Eagle Denver........................... 150,000,000
MA--Cambridge to Medford, Green Line........... 150,000,000
HI--Honolulu................................... 250,000,000
NC--Blue Line Extension, NE Corridor........... 100,000,000
OR--Portland Milwaukie LRT..................... 100,000,000
CA--Westside Subway Extension.................. 100,000,000
------------------------
Signed FFGA Total.......................... $1,250,000,000
------------------------------------------------------------------------
The Committee's recommendation provides $250,000,000 for
projects that will be signed under a FFGA by September 30,
2016. In addition, $353,000,000 is provided for nine new small
start projects proposed in the budget.
------------------------------------------------------------------------
Small Starts Fiscal Year 2016 Funds
------------------------------------------------------------------------
CA--FAX Blackstone/Kings Canyon Fresno......... $11,000,000
CA--Van Ness Ave San Francisco................. 30,000,000
CA--San Rafael to Larkspur San Rafael.......... 20,000,000
NC--CityLYNX Gold Line Charlotte............... 75,000,000
NV--4th St/Prater Way Reno..................... 6,000,000
OH--Cleveland Ave Columbus..................... 38,000,000
TX--Montana Corridor El Paso................... 27,000,000
UT--Provo Orem Provo........................... 71,000,000
WA--Tacoma Link Tacoma......................... 75,000,000
------------------------
New Small Starts Total..................... $353,000,000
------------------------------------------------------------------------
Further, the Committee recommends $40,000,000 for the core
capacity program authorized in MAP-21 and provides a total
$28,395,000 (about 1.5 percent) for oversight activities
related to the investments of this account.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
Appropriation, fiscal year 2015....................... $150,000,000
Budget request, fiscal year 2016...................... 150,000,000
Recommended in the bill............................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -50,000,000
Budget request, fiscal year 2016.................... -50,000,000
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. Fiscal year 2016 represents the 7th year of payments
under PRIIA.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $100,000,000 for
preventive maintenance and capital grants for WMATA, which is
$50,000,000 below both the budget request and last year's
enacted level.
The Committee does not make this recommendation lightly,
and remains committed to assisting WMATA with its capital and
safety needs. However, the Committee is looking to WMATA, FTA,
and the governments of Maryland, Virginia and the District of
Columbia to demonstrate their commitment to the region's
transit system, it's financial health and sound planning, and
actions to address infrastructure and safety concerns.
Recruiting a strong leader to address the concerns raised by
the National Transportation Safety Board (NTSB) and FTA would
be a step in the right direction.
The Committee directs WMATA to continue addressing the
safety issues within the agency, specifically, those identified
by the NTSB. WMATA is further directed to implement any and all
corrective actions to address financial, contracting, and
accounting concerns raised by FTA's financial management
oversight audit.
As the fiscal year 2016 process continues, WMATA and FTA
are directed to update the Committee monthly about any
improvements made to WMATA's financial and contracting systems
and addressing material weaknesses. Should FTA indicate
substantial improvement at WMATA in addressing these issues,
the Committee will reevaluate the funding recommendation as the
bill moves to conference.
Finally, should the WMATA board endorse any effort to defer
maintenance, or move funds from maintenance and safety to
operating 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, 2020, 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 that
prohibits a full funding grant agreement for a project with a
new starts share greater than 50 percent.
Section 164. The Committee includes a provision regarding a
certain fixed guideway project in Houston, Texas.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND)
Appropriation, fiscal year 2015....................... $32,042,000
Budget request, fiscal year 2016...................... 36,400,000
Recommended in the bill............................... 32,042,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -4,358,000
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
$32,042,000 to fund the operations, maintenance, and capital
asset renewal needs of the SLSDC. This funding level is the
same as the fiscal year 2015 appropriation and $4,358,000 below
the budget request. 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.
The Committee's recommendation includes funds as requested
for the replacement of the Robinson Bay tugboat due to the
safety, emergency response, and ice breaking missions of the
vessel. While the Committee's recommendation does not include
new funds for the hands-free mooring system installation at
Snell Lock, the SLSDC is free to utilize prior year unobligated
funds for the project.
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 2015....................... $186,000,000
Budget request, fiscal year 2016...................... 211,000,000
Recommended in the bill............................... 186,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -25,000,000
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 $186,000,000 for this account,
consistent with the authorized funding level and the amount
provided in fiscal year 2015, and $25,000,000 below the
request. Funds are available until expended.
The Committee does not provide $25,000,000 requested for
new payments to shippers as the Congress has not adopted
changes to the food aid program.
OPERATIONS AND TRAINING
Appropriation, fiscal year 2015....................... $148,050,000
Budget request, fiscal year 2016...................... 184,637,000
Recommended in the bill............................... 164,158,000
Bill compared with:
Appropriation, fiscal year 2015..................... +16,108,000
Budget request, fiscal year 2016.................... -20,479,000
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 $164,158,000 for MARAD operations
and training expenses, $16,108,000 more than the fiscal year
2015 funding level and $20,479,000 below the fiscal year 2016
budget request.
MARAD operations.--Of the funds provided, a total of
$46,758,000 is for headquarters and regional office operations,
of which $46,758,000 is for maritime environment and compliance
program expenses. 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 2016 budget submission.
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 continues to
include language requiring all funding for the Academy go
directly to the Secretary, and that 50 percent of the funding
will not be available until MARAD submits a plan detailing how
the funding will be spent. The Committee's funding
recommendation includes a total of $83,800,000 in fiscal year
2016 for the USMMA, of which up to $64,100,000 is for Academy
operations and not less than $19,700,000 is for capital
improvements. The committee's recommendation includes
$15,000,000 as requested for the renovation of Gibbs Hall, but
not the $5,000,000 requested for architecture and engineering
work associated with renovations of Melville and Fulton Halls.
State maritime academies.--The Committee recommends
$33,600,000 for the state maritime academies. Of the funds
provided, $3,000,000 is for direct payments, $2,400,000 is for
student payments, and $1,200,000 is for fuel assistance. Funds
requested for enhanced mariner compliance and training are not
included in the funding recommendation.
Schoolships.--Per the direction in last year's report,
MARAD has examined the state of repair of all schoolships
across the country and reported back to the Committee. The
situation is dire. As suspected, the training ships at the
various maritime academies are at the end of, if not beyond,
their useful life. Extensive and expensive repairs are required
to simply keep vessels safe. Schoolships are vital to a quality
maritime education. The Committee's recommendation for the
state maritime academies includes $22,000,000 for the repair
and maintenance of existing schoolships. Further, another
$5,000,000 is recommended, as requested, for the design of a
common schoolship design for all maritime academies under
MARAD.
SHIP DISPOSAL
Appropriation, fiscal year 2015....................... $4,000,000
Budget request, fiscal year 2016...................... 8,000,000
Recommended in the bill............................... 4,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -4,000,000
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 $4,000,000 for ship disposal
activities, the same as the fiscal year 2015 funding level and
$4,000,000 below budget request. Funds are available until
expended. Considering MARAD has routinely exceeded its own
performance goals for ship disposal in years past, this funding
level should be sufficient to meet the 2017 deadline for ship
disposal. The Committee encourages MARAD to continue all
efforts to sell ships slated for disposal. Finally, MARAD
should explore shifting costs associated with maintenance of
the NS Savannah to the National Maritime Heritage Grant Program
in either this year's budget or the 2017 request.
MARITIME GUARANTEED LOAD (TITLE XI) PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2015....................... $3,100,000
Budget request, fiscal year 2016...................... 3,135,000
Recommended in the bill............................... 3,135,000
Bill compared with:
Appropriation, fiscal year 2015..................... 35,000
Budget request, fiscal year 2016.................... - - -
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.
Funds for administrative expenses for the Title XI program are
appropriated to this account, and then paid to operations and
training to be obligated and expended.
COMMITTEE RECOMMENDATION
The Committee recommends the budget request of $3,135,000
for the Maritime Guaranteed Loan (Title XI) Program, which is
$35,000 more than the amount provided in fiscal year 2015.
Funds are transferred to the ``Operations and Training''
account.
ADMINISTRATIVE PROVISIONS
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.
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 2015....................... $22,225,000
Budget request, fiscal year 2016...................... 22,500,000
Recommended in the bill............................... 20,725,000
Bill compared with:
Appropriation, fiscal year 2015..................... -1,500,000
Budget request, fiscal year 2016.................... -1,775,000
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 $20,725,000 for PHMSA operational
expenses. This is $1,500,000 below fiscal year 2015 enacted,
and $1,775,000 below the budget request. The recommendation
does not include funding for pipeline information grants to
communities.
HAZARDOUS MATERIALS SAFETY
Appropriation, fiscal year 2015....................... $52,000,000
Budget request, fiscal year 2016...................... 64,254,000
Recommended in the bill............................... 60,500,000
Bill compared with:
Appropriation, fiscal year 2015..................... +8,500,000
Budget request, fiscal year 2016.................... -3,754,000
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 $60,500,000, $8,500,000 above
fiscal year 2015 enacted and $3,754,000 below the request. This
funding level supports the agency's existing hazardous
materials safety program as well as increases requested to
support the safe transport of energy products initiative.
Increases requested for the risk management framework are not
provided. The Committee recommends $7,570,000 of the total to
remain available for three years for long-term research and
development contracts.
Special permits and approval fee proposal.--The Committee
does not include the request for new special permits and
approval fees. Additional fees within this account should be
considered in the context of authorizing legislation
originating in the committees of jurisdiction.
Crude oil stabilization.--In order to better understand the
energy product transportation safety problem, the Committee
encourages the Federal Railroad Administration and PHMSA to
jointly study the issue of vapor pressure, a measure of crude
oil volatility during transport. The agencies are encouraged to
also study potential options for stabilizing crude prior to
transfer and costs associated with each option. The Department
shall update the House and Senate Committees on Appropriations
on their joint findings within 180 days of enactment of this
Act.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
--------------------------------------------------------------------------------------------------------------------------------------------------------
(Oil spill (Pipeline
(Pipeline liability trust safety design (General fund) Total
safety fund) fund) review fund)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2015.................................... $124,500,000 $19,500,000 $2,000,000 $0 $146,000,000
Budget request, fiscal year 2016................................... 152,104,000 19,500,000 2,000,000 1,500,000 175,104,000
Recommended in the bill............................................ 124,500,000 19,500,000 0 1,870,000 145,870,000
Bill compared to:
Appropriation, fiscal year 2015................................ - - - - - - -2,000,000 +1,870,000 -130,000
Budget request, fiscal year 2016............................... -27,604,000 - - - -2,000,000 +370,000 -29,234,000
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 $145,870,000 to continue pipeline
safety operations, research and development, and state grants-
in-aid, which is $130,000 below fiscal year 2015 enacted and
$29,234,000 below the budget request. Of the total, $19,500,000
is from the oil spill liability trust fund, $124,500,000 is
from the pipeline safety fund, and $1,870,000 is from the
general fund.
The Committee recommends $66,309,000 of the funds provided
to remain available until September 30, 2018.
The Committee recommendation provides $12,000,000 for
research and development. $46,000,000 is provided for state
pipeline safety grants, $1,000,000 is provided for state one-
call grants, and $1,500,000 is provided for state damage
prevention grants. Funding is provided for full year costs of
additional staff hired in 2015, net of attrition. However, no
additional program or personnel increases are funded in 2016.
Funding requested for a national pipeline safety exchange is
not provided. PHMSA shall deliver a report to the House and
Senate Committees on Appropriations within 120 days of
enactment that details staffing and hiring plans for fiscal
year 2016 as well as actual turnover and hiring in fiscal year
2015.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
------------------------------------------------------------------------
(Emergency (Emergency
preparedness preparedness
fund) grant program)
------------------------------------------------------------------------
Appropriation, fiscal year 2015....... $188,000 ($28,318,000)
Budget request, fiscal year 2016...... 188,000 (28,318,000)
Recommended in the bill............... 188,000 (28,318,000)
Bill compared to:
Appropriation, fiscal year 2015..... - - - (- - -)
Budget request, fiscal year 2016.... - - - (- - -)
------------------------------------------------------------------------
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 fiscal year
2015 enacted and the budget request.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
The Inspector General's office 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.
Appropriation, fiscal year 2015....................... $86,223,000
Budget request, fiscal year 2016...................... 87,472,000
Recommended in the bill............................... 86,223,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -1,249,000
COMMITTEE RECOMMENDATION
The Committee recommendation provides $86,223,000 for the
Office of Inspector General, which is the same as the fiscal
year 2015 enacted level and $1,249,000 below the budget
request. The Committee continues to highly value the work of
the IG in 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 IG 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
which 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 conduct an audit into
the financial solvency of the Metropolitan Transit Authority of
Harris County, Texas (Houston METRO). As part of this audit,
the IG should conduct a stress test to determine if Houston
Metro has adequate finances to pay for the construction of new
rail lines, as well as the operation and maintenance of
existing rail lines and the operation and maintenance of buses.
Surface Transportation Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2015....................... $31,375,000
Budget request, fiscal year 2016...................... 32,499,000
Recommended in the bill............................... 31,375,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -1,124,000
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. The STB is decisionally
independent, although it is administratively affiliated with
the Department of Transportation. The Passenger Rail Investment
and Improvement Act of 2008, Pub. L. 110-432, (PRIIA), included
new responsibilities for the STB.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $31,375,000
for fiscal year 2016, which is equal to the fiscal year 2015
enacted level and 1,124,000 less than the request. The STB is
estimated to collect $1,250,000 in fees which will offset the
appropriation for a total program cost of $30,125,000.
GENERAL PROVISIONS--DEPARTMENT OF TRANSPORTATION
Section 180. The Committee continues the provision allowing
the Department of Transportation (DOT) to use funds for
aircraft, motor vehicles, liability insurance, uniforms, or
allowances, as authorized by law.
Section 181. The Committee continues the provision limiting
appropriations for services authorized by 5 U.S. C. 3109 to the
rate for an Executive Level IV.
Section 182. The Committee continues the provision
prohibiting funds from being used for salaries and expenses of
more than 110 political and Presidential appointees in DOT. The
provision also requires that none of the personnel covered by
this provision may be assigned on temporary detail outside DOT.
Section 183. The Committee continues the provision
prohibiting recipients of funds made available in this Act from
releasing certain personal information and photographs from a
driver's license or motor vehicle record without express
consent of the person to whom such information pertains, and
prohibits the withholding of funds provided in this Act for any
grantee if a state is in noncompliance with this provision.
Section 184. The Committee continues the provision
permitting funds received by specified DOT agencies from states
or other private or public sources for expenses incurred for
training to be credited to certain specified agency accounts.
Section 185. The Committee continues the provision
prohibiting funds for loans, loan guarantees, lines of credit,
or grants unless the Secretary of Transportation notifies the
House and Senate Committees on Appropriations no less than
three days in advance, and directs the Secretary to give
concurrent notification for any ``quick release'' of funds from
the Federal Highway Administration's emergency release program.
Section 186. The Committee continues the provision allowing
funds received from rebates, refunds, and similar sources to be
credited to appropriations of the DOT.
Section 187. The Committee continues the provision allowing
amounts from improper payments to a third party contractor that
are lawfully recovered by the DOT to be available to cover
expenses incurred in the recovery of such payments, and allows
the Secretary to credit an account that is associated with such
improper payments.
Section 188. The Committee continues the provision
mandating that reprogramming action notifications shall be
transmitted solely to the House and Senate Committees on
Appropriations, and are to be approved or denied solely by the
House and Senate Committees on Appropriations.
Section 189. The Committee continues the provision capping
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 190. The Committee continues the provision allowing
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 191. The Committee continues the provision
authorizing DOT to set uniform standards for transit benefits
for agency transit passes and transit benefits.
Section 192. The Committee includes a provision prohibiting
the Surface Transportation Board to take any actions with
respect to the construction of the high speed rail in
California unless the Board has jurisdiction over the entire
project.
Section 193. The Committee includes a provision prohibiting
funds to be used to facilitate scheduled air transportation to,
or pass through, property confiscated by the Cuban Government.
TITLE II--DEPARMENT 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.
Shared service agreements.--The Committee supports the
Department's efforts to improve its financial management and
human capital operations by establishing shared service
arrangements with the Department of Treasury. Dedicated funding
is specifically provided to fully fund the request for these
agreements. Because costs are based on transaction volumes that
are uncertain, recommended funding for shared service
agreements is available until expended and can be used to
support payments in future fiscal years should transaction
volumes in 2016 fall short of projections. Similarly, should
shared service agreement costs exceed projections, funding
provided to the Office of the Chief Financial Officer and the
Office of the Chief Human Capital Officer is also available for
this same purpose. The Committee expects the Department to
offset the cost of outsourcing this transaction work with
significant reductions or reallocations of HUD staff previously
dedicated to delivering these services. The Department shall
deliver a report to the House and Senate Committees on
Appropriations within 60 days of enactment that includes
current and projected shared service agreement transaction
volume and cost data for the fiscal year, as well as a staff
reorganization plan that demonstrates cost reductions and staff
reorganizations planned in conjunction with this new operating
model.
Budget presentation.--The Committee commends HUD for
improvements made to the structure and clarity of its budget
request. However, inconsistencies in the classification of
resources by function continue to make it difficult to
distinguish baseline activities from new activities or to draw
comparisons across fiscal years. The Committee directs HUD 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 so that year-over-year
comparisons are possible. 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.
Budgetary resource planning and oversight.--The Committee
remains concerned with HUD's ability to consistently establish
and execute budgetary resource plans across its various offices
and across fiscal years. HUD consistently requests to reprogram
funds late in the fiscal year to resolve deficiencies and other
financial management problems. The Department continues to
over-rely on transfer authorities that undermine internal
fiscal discipline and the resource allocation process. Further,
actual budget execution often differs dramatically from what is
projected in the budget request and inconsistencies across
budget years call into question whether HUD offices
consistently track resources. It is critical that HUD senior
management hold offices accountable to resource demands made
both during formulation of the budget and throughout the fiscal
year. While HUD should be commended for progress made to reduce
amounts left unobligated, management of resources at fiscal
yearend remains a challenge. To improve budgetary resource
planning and execution, transfer and reprogramming authorities
provided in previous fiscal years are eliminated. Instead, a
portion of funding provided under this heading is eligible for
transfer across all HUD offices and is available through
September 30, 2017. HUD is directed to include in its annual
operating plan a transfer plan for these funds that delineates
the purpose and timing of transfers by office. The operating
plan shall also include a review of how management will track
budget execution and what conditions or milestones will be used
to determine when the transfer plan requires amendment. In
addition, HUD shall report to the House and Senate Committees
on Appropriations quarterly on any amendments made to the
transfer plan and include an explanation for each change.
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.
Executive Offices
Appropriation, fiscal year 2015....................... $14,500,000
Budget request, fiscal year 2016...................... 14,646,000
Recommended in the bill............................... 14,500,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -146,000
The Executive Offices account funds the salaries and
expenses of the Immediate Office of the Secretary, the
Immediate 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 Immediate 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 Immediate 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 $14,500,000, which is the same as
fiscal year 2015 enacted and $146,000 below the budget request.
The bill also provides that no more than $25,000 provided
under the immediate Office of the Secretary shall be available
for official reception and representation expenses as the
Secretary may determine.
ADMINISTRATIVE SUPPORT OFFICES
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2015....................... $518,100,000
Budget request, fiscal year 2016...................... 577,861,000
Recommended in the bill............................... 547,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +28,900,000
Budget request, fiscal year 2016.................... -30,861,000
The Administrative Support Offices 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, and the Office of the Chief Information Officer.
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, Freedom of Information Act (FOIA)
processing, records management, Privacy Act administration,
protective and physical security for HUD's Secretary and Deputy
Secretary, and disaster and emergency response coordination.
The Office of the Chief Human Capital Officer provides
human resource services to all offices and divisions throughout
HUD. 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's (OCPO)
mission is to provide high-quality acquisition support services
to all HUD program offices by purchasing necessary operational
and mission-related goods and services; provide advice,
guidance and technical assistance to all departmental offices
on matters concerning procurement; assist program offices in
defining and specifying their procurement needs; develop and
maintain all procurement guidance including regulations,
policies, and procedures; and assist in the development of
sound acquisition strategies.
The Office of the Chief Financial Officer (OCFO) 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 Office of the Chief Information Officer (OCIO) 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.
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.
The mission of the Office of Departmental Equal Employment
Opportunity (ODEEO) is to ensure the enforcement of Federal
laws relating to the elimination of all forms of discrimination
in the Department's employment practices. The mission is
carried out through the functions of three divisions: the
Affirmative Employment division, the Alternative Dispute
Resolution division, and the Equal Employment Opportunity
division.
The Office of Strategic Planning and Management drives
organizational, programmatic, and operational change across the
Department to maximize efficiency and performance. The office
will facilitate HUD's strategic planning process by identifying
the Department's strategic priorities and transformational
change initiatives, create and manage work plans for targeted
transformation projects, and develop key program performance
measures and targets for monitoring.
COMMITTEE RECOMMENDATION
The Committee recommends $547,000,000 for this account,
which is $28,900,000 above fiscal year 2015 enacted and
$30,861,000 below the budget request.
The Committee recommendation reflects full funding for the
Department's promise zone initiative. Additional funding
requested to support administration of the housing trust fund
program, expansion of the rental assistance demonstration, and
establishment of a digital services team are not provided.
Funding specified for each office is as follows:
------------------------------------------------------------------------
Office Amount
------------------------------------------------------------------------
Office of Administration................................ $199,000,000
Office of the Chief Financial Officer................... 39,000,000
Office of the General Counsel........................... 93,000,000
Office of the Chief Human Capital Officer............... 40,000,000
Office of Field Policy and Management................... 49,000,000
Office of the Chief Procurement Officer................. 16,000,000
Office of the Departmental Equal Employment Opportunity. 3,000,000
Office of Strategic Planning and Management............. 4,000,000
Office of the Chief Information Officer................. 44,000,000
------------------------------------------------------------------------
Program Office Salaries and Expenses
PUBLIC AND INDIAN HOUSING
Appropriation, fiscal year 2015....................... $203,000,000
Budget request, fiscal year 2016...................... 210,002,000
Recommended in the bill............................... 203,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -7,002,000
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 $203,000,000 for this account,
which is the same as the level enacted in fiscal year 2015, and
$7,002,000 below the fiscal year 2016 budget request.
COMMUNITY PLANNING AND DEVELOPMENT
Appropriation, fiscal year 2015....................... $102,000,000
Budget request, fiscal year 2016...................... 112,115,000
Recommended in the bill............................... 102,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -10,115,000
The Office of Community Planning and Development (CPD)
assists communities in their efforts to provide affordable
housing and expanded economic opportunities for low- and
moderate-income persons. 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 Partnerships (HOME), Homeless
Assistance Grants and other HUD community development programs.
COMMITTEE RECOMMENDATION
The Committee recommends $102,000,000 for this account,
which is the same as the level enacted in fiscal year 2015, and
$10,115,000 below the budget request. The Committee
recommendation reflects full funding for the Department's
promise zone initiative.
Office of economic resilience.--No funding is provided for
activities requested under the office of economic resilience
and the Department is directed to eliminate this office. No
funding is provided for any activities previously conducted
under the office of sustainable communities.
HOUSING
Appropriation, fiscal year 2015....................... $379,000,000
Budget request, fiscal year 2016...................... 397,174,000
Recommended in the bill............................... 372,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -7,000,000
Budget request, fiscal year 2016.................... -25,174,000
The Office of Housing implements programmatic, regulatory,
financial, and operational responsibilities under the
leadership of six deputy assistant secretaries and the field
staff for activities related to Federal Housing Administration
(FHA) multifamily and single family homeownership programs, and
assisted rental housing programs.
COMMITTEE RECOMMENDATION
The Committee recommends $372,000,000 for this account,
which is $7,000,000 below the level enacted in fiscal year
2015, and $25,174,000 below the budget request. The Committee
expects the Department to leverage the reorganization of the
office of multifamily to realize budgetary savings and to
reallocate resources to other baseline functions.
POLICY DEVELOPMENT AND RESEARCH
Appropriation, fiscal year 2015....................... $22,700,000
Budget request, fiscal year 2016...................... 23,907,000
Recommended in the bill............................... 22,700,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -1,207,000
The Office of Policy Development and Research (PDR) 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 $22,700,000 for this account,
which is the same as the level enacted in fiscal year 2015 and
$1,207,000 below the budget request.
FAIR HOUSING AND EQUAL OPPORTUNITY
Appropriation, fiscal year 2015....................... $68,000,000
Budget request, fiscal year 2016...................... 81,132,000
Recommended in the bill............................... 73,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +5,000,000
Budget request, fiscal year 2016.................... -8,132,000
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 $73,000,000 for this account,
which is $5,000,000 above the level enacted in fiscal year 2015
and $8,132,000 below the budget request. The Committee
recommendation provides additional resources to support
implementation of the affirmatively furthering fair housing
rule.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES
Appropriation, fiscal year 2015....................... $6,700,000
Budget request, fiscal year 2016...................... 7,812,000
Recommended in the bill............................... 6,700,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -1,112,000
The Office of Healthy Homes and Lead Hazard Control
(OHHLHC) 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.
COMMITTEE RECOMMENDATION
The Committee recommends $6,700,000 for this account, which
is the same as fiscal year 2015 enacted and $1,112,000 below
the budget request.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2015....................... $19,304,160,000
Budget request, fiscal year 2016...................... 21,123,496,000
Recommended in the bill............................... 19,918,643,000
Bill compared with:
Appropriation, fiscal year 2015..................... +614,483,000
Budget request, fiscal year 2016.................... -1,204,853,000
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 $19,918,643,000 for tenant-based
rental assistance, which is $614,483,000 above the fiscal year
2015 enacted level and $1,204,853,000 below 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, 2016.
Voucher Renewals.--The Committee provides $18,151,000,000
for the renewal of tenant-based vouchers. This level is
$665,000,000 above the fiscal year 2015 enacted level and
$182,816,000 below 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.
The Committee recommendation does not include bill language
proposed in the budget request for new special purpose
vouchers, including targeted vouchers for the Family
Unification Program, homeless veterans, and vouchers authorized
by the Violence Against Women Act (VAWA). However, the
Committee encourages HUD to facilitate the issuance of vouchers
for these and other vulnerable populations as vouchers become
available to PHAs upon turnover.
Tenant protection.--The Committee provides $130,000,000 for
tenant protection vouchers, which is the same as the fiscal
year 2014 enacted level and $20,000,000 below the budget
request.
Administrative fees.--The Committee provides $1,530,000,000
for allocations to Public Housing Authorities (PHAs) to conduct
activities associated with placing and maintaining individuals
under Section 8 assistance. This amount is equal to the fiscal
year 2015 enacted level and $490,037,000 below the budget
request.
Mainstream voucher renewals.--The Committee provides
$107,643,000 to renew expiring Section 811 tenant-based
subsidies. This level is $24,483,000 above the fiscal year 2015
enacted level and equal to the budget request. The Committee
directs HUD to issue guidance to the housing agencies
administering these vouchers to continue to serve people with
disabilities upon turnover.
The Committee continues in bill language the direction to
the Department to communicate to each PHA, within 60 days of
enactment, the fixed amount that will be made available to each
PHA for fiscal year 2016. 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.
Section 8 reforms.--The budget request includes a number of
authorizing provisions to reform the Housing Choice Voucher
(HCV) program, including provisions that result in cost-saving
measures that provide administrative relief to PHAs. Any
reforms that make significant changes to the Housing Act of
1937 and its amendments are more properly addressed by the
authorizing committee. The Committee is fully supportive of
reforms that relieve administrative burdens, enable housing
authorities to serve more families, and promote work
opportunities and self-sufficiency. The Authorizing Committee
is urged to consider reforms that address both the growing
liability of housing programs and the administrative burdens
imposed on local housing authorities.
Housing quality standards.--The Committee is concerned that
HUD's housing quality standards do not effectively protect the
health and safety of Housing Choice Voucher residents. They
have not been updated in two decades to reflect the latest
science on health and safety threats in the home. The Committee
encourages the Secretary to update the standards.
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.
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 increase administrative
burdens on PHAs and appear to have no operational benefit for
local housing programs.
Veterans affairs supportive housing (VASH) on tribal
lands.--The Committee directs the Department to submit a report
to the Committee on the progress that it has made in
implementing the HUD-VASH pilot program for homeless Native
American veterans on tribal lands. The report should include an
update on the status of the pilot and compare regional
variation in implementing the program on different
reservations.
Equal access rule guidance.--The Committee encourages the
Department to continue its work to support the lesbian, gay,
bisexual, transgender (LGBT) community by further clarifying
the Equal Access Rule published in 2012. This guidance will
ensure HUD programs are open to all eligible individuals
regardless of actual or perceived sexual orientation, gender
identity, or marital status. The Committee requests the
Secretary to submit a report within 90 days of enactment of
this Act detailing: (1) the Department's strategy for
continuing to ensure that LGBT individuals have access to HUD
programs for which they are eligible; and (2) the plan for
disseminating this information to PHAs.
RENTAL ASSISTANCE DEMONSTRATION
Appropriation, fiscal year 2015....................... $0
Budget request, fiscal year 2016...................... 50,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -50,000,000
The Rental Assistance Demonstration (RAD) was authorized in
fiscal year 2012 to preserve public housing by enabling Public
Housing Authorities to use a portion of their operating and
capital funds to leverage private sector funding to
recapitalize their housing stock and maintain their units of
affordable housing primarily through the conversion to long-
term Section 8 rental assistance contracts. The budget request
includes a request of $50,000,000 for an expansion of the
program to public housing properties that cannot convert their
housing under this program at their existing funding levels.
COMMITTEE RECOMMENDATION
The Committee does not provide a separate line of funding
for this program. The Committee notes that the fiscal year 2015
enacted bill extended the Rental Assistance Demonstration (RAD)
program to 2018 and raised the cap on units eligible for
conversion from 60,000 units to 185,000 units. This expansion
of the program in fiscal year 2015, along with the availability
of operating and capital funds in fiscal year 2016, will allow
a significant number of PHAs to undertake RAD conversions. The
Committee will continue to monitor RAD conversions and expects
HUD to provide regular updates on the number of units
converted, as well as the impact to the operating, capital and
project-based rental assistance accounts.
HOUSING CERTIFICATE FUND
(RESCISSION)
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 may be used to renew or amend Project-Based
Rental Assistance contracts.
PUBLIC HOUSING CAPITAL FUND
Appropriation, fiscal year 2015....................... $1,875,000,000
Budget request, fiscal year 2016...................... 1,970,000,000
Recommended in the bill............................... 1,681,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -194,000,000
Budget request, fiscal year 2016.................... -289,000,000
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 $1,681,000,000 for the public
housing capital fund, which is $194,000,000 below the fiscal
year 2015 enacted level and $289,000,000 below the budget
request.
Within the amounts provided the Committee directs that:
--No more than $3,000,000 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 continues to include 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 2016;
--$30,000,000 is for the Resident Opportunity and Self-
Sufficiency (ROSS) program; and
--$15,000,000 is provided for the Jobs Plus program to
improve employment opportunities and earnings of public housing
residents.
PUBLIC HOUSING OPERATING FUND
Appropriation, fiscal year 2015....................... $4,440,000,000
Budget request, fiscal year 2016...................... 4,600,000,000
Recommended in the bill............................... 4,440,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -160,000,000
The public housing operating fund subsidizes the costs
associated with operating and maintaining public housing. This
subsidy supplements funding received by public housing
authorities (PHA) 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 $4,440,000,000 for the Federal
share of PHA operating expenses. This amount is the same as the
fiscal year 2015 enacted level and $160,000,000 below the
budget request. The Committee does not include language in the
budget request that would allow PHAs to entirely merge their
Capital and Operating Funds and use those funds for either
purpose. While the Committee supports the idea of giving high
performing PHAs regulatory relief so they can operate more
efficiently, HUD has provided limited information on how it
would identify and budget for capital and operating needs in
the future if this authority to merge funds were approved.
CHOICE NEIGHBORHOODS INITIATIVE
Appropriation, fiscal year 2015....................... $80,000,000
Budget request, fiscal year 2016...................... 250,000,000
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -60,000,000
Budget request, fiscal year 2016.................... -230,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for the Choice
Neighborhoods Initiative Program, which is $60,000,000 below
the 2015 enacted level and $230,000,000 below the budget
request.
FAMILY SELF SUFFICIENCY
Appropriation, fiscal year 2015....................... $75,000,000
Budget request, fiscal year 2016...................... 85,000,000
Recommended in the bill............................... 75,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -10,000,000
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
2015 enacted level and $10,000,000 below 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. The
Committee also expects the Department to report to the House
and Senate Committees on Appropriations the best practices of
the program that result in increased rent contributions of
program participants, and practices that result in residence
achieving full self-sufficiency in meeting their housing needs,
no later than March 31, 2016.
NATIVE AMERICAN HOUSING BLOCK GRANTS
Appropriation, fiscal year 2015....................... $650,000,000
Budget request, fiscal year 2016...................... 660,000,000
Recommended in the bill............................... 650,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -10,000,000
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 se.), 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 $650,000,000 for Native American
Housing Block Grants, which is the same as the fiscal year 2015
enacted level and $10,000,000 below 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 Tribal Designated
Housing Entities (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
$17,452,000.
Timely expenditure of funds.--The Committee continues
language requiring fiscal year 2016 funds to be spent within 10
years.
Bill language is included to withhold reduce formula
allocation funding from any grantee that has an unexpended
balance greater than three times its formula allocation, unless
that grantee's formula allocation is less than $5,000,000.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
Credit subsidy:
Appropriation, fiscal year 2015..................... $7,000,000
Budget request, fiscal year 2016.................... 8,000,000
Recommended in the bill............................. 8,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +1,000,000
Budget request, fiscal year 2016.................... - - -
Limitation on guaranteed loans:
Appropriation, fiscal year 2015..................... 744,047,000
Budget request, fiscal year 2016.................... 1,269,841,000
Recommended in the bill............................. 1,269,841,000
Bill compared with:
Appropriation, fiscal year 2015..................... +525,794,000
Budget request, fiscal year 2016.................... - - -
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 $8,000,000 in new credit subsidy
for the Section 184 loan guarantee program, which is $1,000,000
above the fiscal year 2015 enacted level and the same as the
budget request. This will guarantee a loan volume of
$1,269,841,000, which is $525,794,000 above the fiscal year
2015 enacted level and the same as the budget request.
Community Planning and Development
Appropriation, fiscal year 2015....................... $6,477,627,000
Budget request, fiscal year 2016...................... 6,752,000,000
Recommended in the bill............................... 6,392,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -85,627,000
Budget request, fiscal year 2016.................... -360,000,000
The Office of Community Planning and Development (CPD) is
responsible for administering the Community Development Block
Grants (CDBG), the Home Investment Partnerships program (HOME),
Housing Opportunities for Persons with AIDS (HOPWA) program,
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 $6,392,000,000 for community
planning and development programs, which is $85,627,000 below
fiscal year 2015 enacted and $360,000,000 below the budget
request.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Appropriation, fiscal year 2015....................... $330,000,000
Budget request, fiscal year 2016...................... 332,000,000
Recommended in the bill............................... 332,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +2,000,000
Budget request, fiscal year 2016.................... - - -
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 $332,000,000 for the
HOPWA program, which is $2,000,000 above fiscal year 2015
enacted and the same as 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. The Committee
encourages ongoing efforts at the Department for stronger
coordination between HOPWA and the Department's other homeless
prevention and support programs. However, the Committee directs
the Department to review the level of technical assistance that
has been provided to HOPWA grantees in prior years and to make
certain that it is maintaining the same level of service in
fiscal year 2016.
Formula modernization.--The current HOPWA formula, which is
based on cumulative AIDS cases and area incidence, no longer
reflects the nature of an epidemic that has been transformed by
both advances in HIV health care and surveillance, and by the
increasingly disproportionate impact of the virus on
communities of poverty and color. The Committee encourages the
Department to work with the authorizing committees on any
additional statutory authority needed to modernize the HOPWA
formula.
COMMUNITY DEVELOPMENT FUND
Appropriation, fiscal year 2015....................... $3,066,000,000
Budget request, fiscal year 2016...................... 2,880,000,000
Recommended in the bill............................... 3,060,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -6,000,000
Budget request, fiscal year 2016.................... +180,000,000
The Community Development Fund, authorized by the Housing
and Community Development Act of 1974 (42 U.S. C. 5301 et se.),
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 $3,060,000,000 for the
Community Development Fund account, which is the $6,000,000
below fiscal year 2015 enacted and $180,000,000 above the
budget request.
Of the amounts made available:
--$3,000,000,000 is for the community development block
grants (CDBG) formula program for entitlement communities and
states. This is the same as fiscal year 2015 enacted and
$200,000,000 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 $6,000,000 below fiscal year 2015 enacted and
$20,000,000 below the budget request. No funding is provided
for the teacher housing set-aside requested in the budget.
$7,000,000 of the amount provided for the CDBG formula
program is for insular areas, per 42 U.S. C. 5306(a)(2), which
is the same as fiscal year 2015 enacted 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.
Entitlement community eligibility.--The Committee does not
support the changes to entitlement community eligibility
referenced in the budget as such changes may have adverse
effects on smaller communities. Communities that would
otherwise have received direct funding would only be eligible
for funding allocated to their state. Assuming allocations
remain unchanged, states would be forced to support a greater
number of communities without additional funds. The Committee
further notes that communities that have voluntarily joined an
urban county for purposes of CDBG allocations have already
achieved efficiencies similar to those referenced in the budget
as benefits of reform.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
(INCLUDING RESCISSIONS)
------------------------------------------------------------------------
Limitation on
Budget Authority guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2015. - - - ($500,000,000)
Budget request, fiscal year 2016 - - - (300,000,000)
Recommended in the bill......... - - - (300,000,000)
Bill compared with:
Appropriation, fiscal year - - - (200,000,000)
2015...........................
Budget request, fiscal year - - - - - -
2016...........................
------------------------------------------------------------------------
The section 108 loan guarantee program is a source of
variable and fixed-rate financing for communities undertaking
projects eligible under the community development block grant
(CDBG) program. Such activities may include economic
development, housing rehabilitation, public facilities, and
large-scale physical development projects. By pledging their
current and future CDBG allocations to cover the loan amount as
security, communities are able to finance large-scale projects
with a federally guaranteed loan. HUD may require additional
security for a loan, as determined on a case-by-case basis.
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, which is
the same as fiscal year 2015 enacted and the budget request.
The Committee also accepts the request to lower the limit on
guaranteed loan volume from $500,000,000 to $300,000,000 which
is $200,000,000 below fiscal year 2015. With the conversion to
a borrower-paid subsidy program structure complete, the
Committee recommends the rescission of all unobligated balances
of subsidy budget authority.
HOME INVESTMENT PARTNERSHIPS PROGRAM
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2015....................... $900,000,000
Budget request, fiscal year 2016...................... 1,060,000,000
Recommended in the bill............................... 900,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -160,000,000
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 $900,000,000 for activities funded
under this account, which is the same as fiscal year 2015
enacted and $160,000,000 below the budget request. Of the total
amounts provided, $767,000,000 is directly appropriated and the
remainder is derived from a transfer of budgetary resources
from the housing trust fund.
Statutory reforms.--The Committee does not include the
statutory reforms to HOME requested in the budget that would
eliminate communities from the program that receive less than
$500,000. HOME funding is a vital resource for communities
working to meet the needs of low-income families and
individuals in need of supportive housing, including veterans,
persons with disabilities, seniors and persons experiencing
homelessness. The program allows states and localities to
respond to individuals' most pressing housing needs. HOME
provides gap financing that is critical to the creation and
provision of affordable housing for the families who need it
the most.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
Appropriation, fiscal year 2015....................... $50,000,000
Budget request, fiscal year 2016...................... - - -
Recommended in the bill............................... 50,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... +50,000,000
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 $50,000,000 for this account which
includes $10,000,000 for SHOP, $35,000,000 for Section 4
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
recommended funding level for each of these activities is the
same as fiscal year 2015 enacted. The Committee rejects the
request to support these activities through other programs.
Energy star.--The Committee is concerned that energy
efficiency requirements imposed on SHOP grantees is undermining
the affordability of the units supported by the program.
Therefore, the recommendation includes a general provision that
prohibits HUD from requiring any grantee, including SHOP
grantees, to meet energy star building standards or any other
energy efficiency standard that is beyond what is required
under applicable state and local building codes.
HOMELESS ASSISTANCE GRANTS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2015....................... $2,135,000,000
Budget request, fiscal year 2016...................... 2,480,000,000
Recommended in the bill............................... 2,185,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +50,000,000
Budget request, fiscal year 2016.................... -295,000,000
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 funding the homeless assistance
grant programs at $2,185,000,000, which is $50,000,000 above
fiscal year 2015 enacted and $295,000,000 below the budget
request. The recommendation includes funding to support
continuum of care project renewals of no less than
$1,905,000,000 as well as at least $250,000,000 in emergency
solutions grants. Up to $5,000,000 is available for the
national homeless data analysis project.
Minimum project performance standards.--HUD cannot afford
to blindly renew all projects based solely on the fact that
they were once funded in the past. Holding projects accountable
to their ability to demonstrate effectiveness is essential to
getting the most out of limited federal resources. The
recommendation includes language which directs the Secretary to
establish minimum project performance thresholds based on
program performance data. These thresholds should reflect what
is required to improve system-wide performance for each
continuum of care and should also take into consideration what
subpopulations are served. The Committee also includes language
that prohibits funding for projects that fail to meet minimum
performance standards.
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.
Reallocation drives higher return on investment and can also
serve as a mechanism for containing annual inflation.
Training, education, and other services.--The Committee has
heard concerns from community housing providers that the
`Housing First' approach to homelessness under the continuum of
care program is compromising training, education, and
continuity of integration efforts. HUD should consider the
value of housing providers that deliver a full spectrum of
resources under this program.
Highly vulnerable populations study.--Certain groups of
Americans are particularly vulnerable to homelessness. As the
federal government works toward ending homelessness, it is
important to identify particular populations that should
receive extra attention. Further, the Committee is concerned
about the ability of HUD's outreach and prevention programs to
target subpopulations most vulnerable to homelessness beyond
those who are chronically homeless. Therefore, the Committee
directs HUD, in coordination with the Interagency Council on
Homelessness, to report to the House and Senate Committees on
Appropriations within 180 days of enactment on what populations
beyond the chronically homeless are highly vulnerable to
homelessness. This report shall identify highly vulnerable
subpopulations, identify for each subpopulation barriers to
access across all federal outreach and prevention programs, and
recommend policies to address these barriers. This report shall
be completed within six months of enactment.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2015....................... $9,730,000,000
Budget request, fiscal year 2016...................... 10,760,000,000
Recommended in the bill............................... 10,654,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +924,000,000
Budget request, fiscal year 2016.................... -106,000,000
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 $10,654,000,000,
including $400,000,000 provided as advance appropriations, for
the annual renewal of project-based contracts. This funding
level is $924,000,000 above the enacted level for fiscal year
2015 and $106,000,000 below the budget request. Up to
$150,000,000 is available for performance-based contract
administrators (PBCA). The Committee once again rejects the
budget proposal to administer PBCA funds as grants or
cooperative agreements, and assumes that HUD will realize cost
savings in fiscal year 2015 and fiscal year 2016 by procuring
contracts for PBCA services as required by law.
HOUSING FOR THE ELDERLY
Appropriation, fiscal year 2015....................... $420,000,000
Budget request, fiscal year 2016...................... 455,000,000
Recommended in the bill............................... 414,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -6,000,000
Budget request, fiscal year 2016.................... -41,000,000
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 $414,000,000, which is $6,000,000
below the fiscal year 2015 enacted level and $41,000,000 below
the budget request. In addition, to these funds, HUD shall use
a total of $47,000,000 in uncommitted funds from prior year
appropriations for the program. This includes $20,000,000
available from an elderly demonstration program, $20,000,000
available from supportive housing capital advance program
funds, and $7,000,000 of the $16,000,000 available in fiscal
year 2015 residual receipt recaptures.
The total appropriation plus uncommitted balances provide a
total program level of $461,000,000, which will fully fund
contract renewals and amendments in fiscal year 2016 for the
elderly program. The Committee rejects the budget proposal to
fund $16,000,000 of the section 202 program under the project-
based rental assistance account and instead funds them under
this heading.
The recommendation allocates available funding as follows:
$381,000,000 for the renewal and amendment of
project rental assistance contracts (PRAC);
Up to $77,000,000 for service coordinators and
the continuation of congregate services grants; and
$3,000,000 is 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 these funds
to be used for inspections and analysis of data by HUD's REAC
program office.
HOUSING FOR PERSONS WITH DISABILITIES
Appropriation, fiscal year 2015....................... $135,000,000
Budget request, fiscal year 2016...................... 177,000,000
Recommended in the bill............................... 152,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +17,000,000
Budget request, fiscal year 2016.................... -25,000,000
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 (PRAC) to support
operational costs for such units.
COMMITTEE RECOMMENDATION
The Committee recommends $152,000,000 for Section 811
activities, $17,000,000 above the fiscal year 2015 enacted
level and $25,000,000 below the budget request. This level will
fully fund the project rental assistance and project assistant
contract renewals and amendments in fiscal year 2016. The
Committee continues to include bill language allowing these
funds to be used for inspections and analysis of data by HUD's
REAC program office, and provides $2,000,000 for this purpose.
HOUSING COUNSELING ASSISTANCE
Appropriation, fiscal year 2015....................... $47,000,000
Budget request, fiscal year 2016...................... 60,000,000
Recommended in the bill............................... 47,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -13,000,000
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 $47,000,000 for housing
counseling, equal to the fiscal year 2015 enacted level and
$13,000,000 below the budget request.
The Committee retains bill language that provides two year
funding availability to allow HUD flexibility to reprogram
unobligated balances and re-obligate any recaptures to support
counseling activity rather than expire. The bill retains
language that requires HUD to make grants within 180 days of
enactment, 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 2015....................... $18,000,000
Budget request, fiscal year 2016...................... 30,000,000
Recommended in the bill............................... 30,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +12,000,000
Budget request, fiscal year 2016.................... - - -
The Rental Housing Assistance account includes existing
long-term project-based rental assistance contracts covering
approximately 18,000 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 provided is required 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 $30,000,000 in funding for the
Rental Housing Assistance program, which is $12,000,000 above
the level enacted in fiscal year 2015 and the same as the
budget request. This appropriation plus projected carryover
will fully fund contract amendment and extension needs in
fiscal year 2016. The increase reflects a greater number of
expirations scheduled to occur in fiscal year 2016 (7,000)
relative to fiscal year 2015 (3,500). 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 2015....................... $10,000,000
Budget request, fiscal year 2016...................... 11,000,000
Recommended in the bill............................... 11,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... +1,000,000
Budget request, fiscal year 2016.................... - - -
The National Manufactured Housing Construction and Safety
Standards Act of 1974, as amended by the Manufactured Housing
Improvement Act of 2000, authorized 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 $1,000,000 above the fiscal year 2015 enacted
level, and equal to the budget request.
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
(INCLUDING TRANSFER OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Limitation of Limitation of Administrative
direct loans guaranteed loans contract expenses
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2015..................... $20,000,000 $400,000,000,000 $130,000,000
Budget request, fiscal year 2016.................... 5,000,000 400,000,000,000 174,000,000
Recommended in the bill............................. 5,000,000 400,000,000,000 130,000,000
Bill compared to:
Appropriation, fiscal year 2015................... -15,000,000 - - - - - -
Budget request, fiscal year 2016.................. - - - - - - -44,000,000
----------------------------------------------------------------------------------------------------------------
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 Funds (CMHI). 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 $130,000,000 for administrative
contract expenses.
The Committee's recommendation for administrative contract
expenses is $44,000,000 below the budget request and equal to
the level enacted in fiscal year 2015. The Committee denies a
transfer of administrative contract expense funding to the
Management and Administration account.
The Committee includes bill language that lifts the
statutory aggregate cap of 275,000 HECM loan guarantees in
fiscal year 2016. The Committee has carried similar language in
prior years.
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.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation of Limitation of
direct loans guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2015. $20,000,000 $30,000,000,000
Budget request, fiscal year 2016 5,000,000 30,000,000,000
Recommended in the bill......... 5,000,000 30,000,000,000
Bill compared to:
Appropriation, fiscal year -15,000,000 - - -
2015...........................
Budget request, fiscal year - - - - - -
2016...........................
------------------------------------------------------------------------
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 be otherwise 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, the same as the fiscal year 2015 level and
equal to the budget request. It includes a limitation of
$5,000,000 for direct loans, which is $15,000,000 below the
fiscal year 2015 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 2015. $500,000,000,000 $23,000,000
Budget request, fiscal year 2016 500,000,000,000 28,320,000
Recommended in the bill......... 500,000,000,000 23,000,000
Bill compared to:
Appropriation, fiscal year - - - - - -
2015...........................
Budget request, fiscal year - - - -5,320,000
2016...........................
------------------------------------------------------------------------
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 $23,000,000 for the personnel costs of GNMA, to
be funded by Commitment and Multiclass fees. The recommendation
for personnel costs is equal to the fiscal year 2015 enacted
level and $5,320,000 below the budget request.
Policy Development and Research
Appropriation, fiscal year 2015....................... $72,000,000
Budget request, fiscal year 2016...................... 50,000,000
Recommended in the bill............................... 52,500,000
Bill compared with:
Appropriation, fiscal year 2015..................... -19,500,000
Budget request, fiscal year 2016.................... +2,500,000
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. Additionally, this
appropriation is used to support HUD evaluation and monitoring
activities and to conduct housing surveys.
COMMITTEE RECOMMENDATION
The Committee recommends $52,500,000 for this account,
which is $2,500,000 more than the budget request and
$19,500,000 below last year's level.
Of the activities proposed in the budget, the Committee
recommends $41,500,000 for market surveys, $5,700,000 for
research support and dissemination, $600,000 for data
acquisition, $1,000,000 for housing finance studies, $1,000,000
for research partnerships, $200,000 for housing technology, and
$2,500,000 for an evaluation of programs serving homeless
youth, which is to be conducted in partnership with the
Department of Health and Human Resources.
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 new 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.
Unlike the prior year, funds are not provided under this
heading for the purposes of technical assistance.
Fair Housing and Equal Opportunity
Appropriation, fiscal year 2015....................... $65,300,000
Budget request, fiscal year 2016...................... 71,000,000
Recommended in the bill............................... 65,300,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -5,700,000
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 this account,
which is the same as fiscal year 2015 and $5,700,000 below the
request. Of the funds provided, $24,300,000 is for the fair
housing assistance programs, $300,000 is for the limited
english proficiency initiative and $1,500,000 is for the
National Fair Housing Training Academy. Of the $39,200,000 for
the fair housing initiative programs, not less than $7,450,000
is education and outreach programs. The Committee directs the
Department to focus resources on education, outreach, and
training initiatives, and supporting local and state
organizations that conduct investigations and adjudicate
claims.
The Committee directs the Department to provide a spend
plan for all funds and activities in this account concurrent
with the fiscal year 2016 operating plan and provide 3 days'
notice prior to the announcement of any grant.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
Appropriation, fiscal year 2015....................... $110,000,000
Budget request, fiscal year 2016...................... 120,000,000
Recommended in the bill............................... 75,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -35,000,000
Budget request, fiscal year 2016.................... -45,000,000
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 $75,000,000 for the lead programs,
which is $35,000,000 below the level enacted in fiscal year
2015 and $45,000,000 below the budget request.
The Committee recommends no more than $15,000,000 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 2016 operating plan and provide 3 days'
notice prior to the announcement of any grant.
Information Technology Fund
Appropriation, fiscal year 2015....................... $250,000,000
Budget request, fiscal year 2016...................... 334,000,000
Recommended in the bill............................... 100,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -150,000,000
Budget request, fiscal year 2016.................... -234,000,000
While HUD's Working Capital Fund (WCF) was established
pursuant to 42 U.S.C. 3535 to provide necessary capital for the
development of, modifications to, and infrastructure for
Department-wide information technology systems, and for the
continuing operation of both Department-wide and program-
specific information technology systems, HUD has never created
the cost-accounting structure to operate a true WCF, and the
Committee changed the name of the account from ``Working
Capital Fund'' to the ``Information Technology Fund'' in 2015.
COMMITTEE RECOMMENDATION
The Committee recommends $100,000,000 in direct
appropriations for the IT Fund to support Department-wide
information technology system activities, $150,000,000 less
than the fiscal year 2015 enacted level and $234,000,000 below
than the budget request. The Department requires approximately
$250,000,000 simply to operate basic telecommunication services
and existing information technology contracts, plus another
$40,000,000 to $60,000,000 to transition over to the new
information technology contract in fiscal year 2016--a
requirement for the Department. The Committee strongly urges
the Department to establish a true Working Capital Fund in 2015
so that in fiscal year 2016 the Department is able to
appropriately charge the various offices for the services used
to make up the funding difference and keep the systems running.
The Department's leadership has made great strides in
focusing the scarce information technology resources available
to achieve the highest priorities in terms of systems
development and investment. The Committee sees a surprising and
encouraging emphasis on oversight, management, planning, and
accountability; and should additional resources become
available, the Committee would recommend further investment in
this area.
The Committee directs HUD to continue with efforts to
retire obsolete, unproductive, and expensive information
technology systems in an effort to direct resources for higher
priority and more effective systems.
Office of Inspector General
Appropriation, fiscal year 2015....................... $126,000,000
Budget request, fiscal year 2016...................... 129,000,000
Recommended in the bill............................... 126,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -3,000,000
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 $126,000,000 for the Office of
Inspector General, which is the same as the fiscal year 2015
enacted level and $3,000,000 below the budget request.
The Committee has found the reports and investigations
undertaken by the IG over the past couple of years to be
interesting and pertinent to the work of the Committee. The
reduction from the budget request is taken without prejudice.
Transformation Initiative
Appropriation, fiscal year 2015....................... - - -
Budget request, fiscal year 2016...................... \1\120,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -120,000,000
\1\The budget proposes to transfer up to $120,000,000 from other
accounts into the Transformation Initiative.
The Transformation Initiative is the Department's attempt
to improve and streamline the systems and operations at HUD.
Managed by the Office of Strategic Planning and Management,
this initiative proposes three elements: (1) research,
evaluation, and program metrics; (2) program demonstrations;
and (3) technical assistance and capacity building.
COMMITTEE RECOMMENDATION
The Committee continues to withhold funds for the
Transformation Initiative.
First, the tired and many times over rejected mass take
down and transfer of funds is an awkward method of funding the
activities proposed under this account, and distorts the
resources required and available under the various donor
program accounts.
Second, the Department has failed year after year to
articulate effectively the need for a transfer funded
``transformation.'' Research projects and demonstrations should
be planned, requested, and accounted for under the Policy,
Demonstration, and Research (PDR) account, and the Committee
has made its funding recommendation and direction under the
header ``Policy, Demonstration, and Research.''
Finally, the Department has demonstrated that even with
direction and directly appropriated dollars, their
interpretation of what is technical assistance, and what
activities should be funded by contract or a notice of funding
available (NOFA) is suspect. Technical assistance funds and
authorities are available under many existing HUD accounts and
the Committee directs HUD to limit technical assistance to
those accounts.
General Provisions--Department of Housing and Urban Development
(INCLUDES RESCISSION OF FUNDS)
Section 201. The Committee continues with modification a
provision regarding certain overpayments to be returned to
Treasury.
Section 202. The Committee continues the provision
prohibiting the use of funds to investigate or prosecute legal
activities under the Fair Housing Act.
Section 203. The Committee continues the provision
extending HOPWA formula modifications affecting certain
jurisdictions in New York, New Jersey, and North Carolina.
Section 204. The Committee continues the provision
requiring that funds be distributed on a competitive basis
unless specified otherwise in statute.
Section 205. The Committee continues the provision allowing
HUD to use funds to reimburse the Government National Mortgage
Association (GNMA), Fannie Mae and other Federal entities for
services and facilities.
Section 206. The Committee continues the provision
requiring HUD to comport with the budget estimates except as
otherwise provided in this Act or through an approved
reprogramming.
Section 207. The Committee continues the provision
providing authorization for HUD corporations to utilize funds
under certain conditions and restrictions.
Section 208. The Committee continues the provision
requiring a report on available balances each quarter.
Section 209. The Committee continues the provision
requiring that the Administration's budget and the Department's
budget justifications for fiscal year 2017 be submitted in the
identical account and sub-account structure provided in this
Act.
Section 210. The Committee continues the provision
exempting PHA Boards in Alaska, Iowa, and Mississippi and the
County of Los Angeles from the public housing resident
representation requirement, and provides alternative
requirements.
Section 211. The Committee continues the provision
exempting GNMA from certain requirements of the Federal Credit
Reform Act of 1990.
Section 212. The Committee continues the provision
authorizing HUD to transfer debt and use agreements from an
obsolete project to a viable project, provided certain
conditions are met.
Section 213. The Committee continues the provision setting
forth the requirements for eligibility for section 8 voucher
assistance.
Section 214. The Committee continues the provision
distributing Native American Housing Block Grant funds to the
same Native Alaskan recipients as in Fiscal Year 2005.
Section 215. The Committee continues the provision
authorizing the Secretary to insure mortgages under section 255
of the National Housing Act.
Section 216. The Committee continues the provision
instructing HUD on managing and disposing of any multifamily
property that is owned or held by HUD.
Section 217. The Committee continues the provision allowing
amounts provided under the Section 108 loan guarantee program
to be used to guarantee notes or other obligations issued by
any State on behalf of non-entitlement communities in the
State.
Section 218. The Committee continues the provision allowing
PHAs that own and operate 400 or fewer units of public housing
to be exempt from asset management requirements.
Section 219. The Committee continues the provision
restricting the Secretary from imposing any requirement or
guideline relating to asset management that restricts or limits
the use of capital funds for central office costs, up to the
limits established in the Quality Housing and Work
Responsibility Act of 1998.
Section 220. The Committee continues the provision
directing that no HUD employee, including those working in the
offices of the IG and GNMA, shall be designated as an allotment
holder unless the Chief Financial Officer determines that they
have received training.
Section 221. The Committee continues the provision
requiring that the Secretary publish all notice of funding
availability on the internet for fiscal year 2016.
Section 222. The Committee continues the provision
requiring that attorney fees for programmatic litigation must
be paid from the personnel and benefits accounts of affected
offices and the Office of General Counsel, and be restricted to
payment of attorney fees only.
Section 223. The Committee continues the provision allowing
the Disaster Housing Assistance Programs to be considered a
program of HUD for the purpose of income verifications and
matching.
Section 224. The Committee continues the provision
requiring HUD to take certain actions against owners receiving
rental subsidies that do not maintain safe properties.
Section 225. The Committee continues the provision placing
a salary and bonus limit on public housing agency officials and
employees.
Section 226. The Committee continues the provision
prohibiting funds from being used for the doctoral dissertation
research grant program at HUD.
Section 227. The Committee continues the provision
requiring the Secretary to provide the Committees on
Appropriations advance notice of discretionary awards.
Section 228. The Committee continues the provision
prohibiting funds from being used to require or enforce the
physical needs assessment (PNA).
Section 229. The Committee continues the provision
prohibiting funds for HUD financing of mortgages for properties
that have been subject to eminent domain.
Section 230. The Committee continues the provision
prohibiting funds from being used to terminate the status of a
unit of local government as a metropolitan city, as defined
under section 102 of the Housing and Community Development Act
of 1974, with respect to grants under section 106 of such Act.
Section 231. The Committee includes a provision requiring
unexpended funding for research, evaluation and statistical
purposes at the completion of a contract, grant or cooperative
agreement to be deobligated and reobligated for additional
research, subject to reprogramming requirements in this Act.
Section 232. The Committee includes a provision prohibiting
the Secretary from requiring Energy Star standards or any other
energy efficiency standards that exceed the requirements of
applicable State and local building codes.
Section 233. The Committee includes a provision rescinding
unobligated balances appropriated in section 1497(a) of the
Dodd-Frank Wall Street Reform and Consumer Protection Act and
section 2301(a) of title III of division B of the Housing and
Economic Recovery Act of 2008.
Section 234. The Committee includes a provision rescinding
unobligated balances remaining from funds appropriated under
the headings ``Rural Housing and Economic Development'',
``Management and Administration'', and ``Program Office
Salaries and Expenses'''.
TITLE III--RELATED AGENCIES
United States Access Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2015....................... $7,548,000
Budget request, fiscal year 2016...................... 8,023,000
Recommended in the bill............................... 7,548,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -475,000
The United States Access Board (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 $7,548,000 for the operations of
the Access Board, which is equal to the fiscal year 2015 level
and $475,000 below the request.
Federal Maritime Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2015....................... $25,660,000
Budget request, fiscal year 2016...................... 27,387,000
Recommended in the bill............................... 25,660,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -1,727,000
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. FMC policy focuses on (1) maintaining an
efficient and competitive international ocean transportation
system; and (2) protecting the public from unlawful, unfair,
and deceptive ocean transportation practices. 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),
and Public Law 89-777 (46 U.S.C. 44101-44106).
COMMITTEE RECOMMENDATION
The Committee recommends $25,660,000 for the Federal
Maritime Commission, which is equal to the fiscal year 2015
appropriation and $1,727,000 less than the budget request. Of
the funds provided, not less than $527,637 is available for the
Office of Inspector General.
National Railroad Passenger Corporation (Amtrak)
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2015....................... $23,999,000
Budget request, fiscal year 2016...................... 24,499,000
Recommended in the bill............................... 23,999,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -500,000
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 $23,999,000 for Amtrak's Office of
Inspector General (Amtrak OIG), which is equal to the fiscal
year 2015 enacted level and $500,000 below the amount proposed
in the fiscal year 2016 budget. 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 2015....................... $103,981,000
Budget request, fiscal year 2016...................... 105,170,000
Recommended in the bill............................... 103,981,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... -1,189,000
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 $103,981,000 for the salaries and
expenses of the NTSB, which is the same as the fiscal year 2015
enacted level and $1,189,000 below 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 2017 budget request.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
Appropriation, fiscal year 2015....................... $185,000,000
Budget request, fiscal year 2016...................... 182,300,000
Recommended in the bill............................... 177,000,000
Bill compared with:
Appropriation, fiscal year 2015..................... -8,000,000
Budget request, fiscal year 2016.................... -5,300,000
The Neighborhood Reinvestment Corporation 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 $177,000,000
for fiscal year 2016, which is $5,300,000 below the request and
$8,000,000 below the fiscal year 2015 enacted level.
Of the funds provided, $135,000,000 is for the core
program, which is equal to the fiscal year 2015 enacted level,
and $1,000,000 below the request. In addition, there is a total
of $42,000,000 for the National Foreclosure Mitigation
Counseling (NFMC) Program, which is $3,700,000 below the budget
request and $8,000,000 below the fiscal year 2015 enacted
level.
----------------------------------------------------------------------------------------------------------------
Fiscal Year 2016
Program Fiscal Year 2015 Fiscal Year 2016 Committee
Enacted Budget Request Recommendation
----------------------------------------------------------------------------------------------------------------
Core................................................... $135,000,000 $136,600,000 $135,000,000
NFMC................................................... 50,000,000 45,700,000 42,000,000
Total.............................................. 185,000,000 182,300,000 177,000,000
----------------------------------------------------------------------------------------------------------------
The Committee notes that in fiscal year 2007, Congress
provided ``one-time funding'' for NFMC in response the housing
foreclosure crisis. According to RealtyTrac's Year-End Year-End
2014 U.S. Foreclosure Market Report, which shows foreclosure
filings--default notices, scheduled auctions and bank
repossessions--were reported on 1.1 million properties in 2014,
down 18 percent from 2013 and down 61 percent from the peak of
2.9 properties with foreclosure filings in 2010. The
foreclosure filings in 2014 were at the lowest annual total
since 2006, when there were 717,522 properties with foreclosure
filings nationwide.
Recognizing the continuing improvement in the housing
market and the reduction in foreclosures, the Committee reduces
funding for NFMC.
United States Interagency Council on Homelessness
OPERATING EXPENSES
Appropriation, fiscal year 2015....................... $3,530,000
Budget request, fiscal year 2016...................... 3,530,000
Recommended in the bill............................... 3,530,000
Bill compared with:
Appropriation, fiscal year 2015..................... - - -
Budget request, fiscal year 2016.................... - - -
The mission of the United States Interagency Council on
Homelessness (USICH) is to coordinate the Federal response to
homelessness and to create a national partnership at every
level of government and with the private sector to reduce and
end homelessness in the nation while maximizing the
effectiveness of the Federal government in contributing to the
end of homelessness.
COMMITTEE RECOMMENDATION
The Committee recommends $3,530,000 for the USICH, which is
the same as fiscal year 2015 enacted and the budget request.
The Committee does not include requests to make this program
permanent or to increase the salary for the executive director.
The Committee encourages the nineteen USICH member agencies
to use the next year to establish permanent working
relationships and interagency efficiencies that will endure
USICH's sunset date in 2017. The Committee directs USICH to
facilitate this work and to establish a plan for transition of
its coordination function to permanently authorized agencies.
USICH is directed to assist those agencies in conducting
reorganization activities necessary to carry out interagency
coordination beyond 2017 on Opening Doors: the Federal
Strategic Plan to Prevent and End Homelessness. The Committee
directs USICH to provide a report within 90 days of enactment
of this Act on how it plans to transition its functions in
anticipation of the sunset date.
General Provision--This Act
Section 401. The Committee continues the provision
prohibiting pay and other expenses for non-Federal parties in
regulatory or adjudicatory proceedings funded in this Act.
Section 402. The Committee continues the provision
prohibiting obligations beyond the current fiscal year and
prohibits transfers of funds unless expressly so provided
herein.
Section 403. The Committee continues the provision limiting
consulting service expenditures through a procurement contract
to contracts where such expenditures are a matter of public
record, with exceptions.
Section 404. The Committee continues the provision
prohibiting employee training not specifically related to the
performance of official duties.
Section 405. The Committee continues the provision
specifying reprogramming procedures and requires tables to
include prior year enacted levels.
Section 406. The Committee continues the provision allowing
up to fifty percent of unobligated balances appropriated for
salaries and expenses to remain available for certain purposes,
contingent upon approval by the House and Senate Committees on
Appropriations.
Section 407. The Committee continues the provision
prohibiting funds from being used for any project that seeks to
use the power of eminent domain unless eminent domain is
employed only for a public use.
Section 408. The Committee continues the provision denying
the transfer of funds made available in this Act, except
pursuant to a transfer made by this Act or by authority granted
in this Act.
Section 409. The Committee continues the provision
prohibiting 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. The Committee continues the provision
prohibiting funds in this Act from being used unless the
expenditure is in compliance with the Buy American Act.
Section 411. The Committee continues the provision
prohibiting funds from being made available to any person or
entity that has been found to have violated the Buy American
Act.
Section 412. The Committee continues the provision
prohibiting funds for first-class airline accommodations in
contravention of section 301-10.122 and 301-10.123 of title 41,
C.F.R.
Section 413. The Committee continues the provision
prohibiting 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 of Article 17 bis
of the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
specifies that nothing in this section shall prohibit,
restrict, or preclude the Secretary of DOT from granting a
permit or exemption where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Treaty and U.S. law.
Section 414. The Committee includes a provision prohibiting
funds to be used by the Federal Maritime Commission or the
Administrator of the Maritime Administration to issue a license
or certificate for a commercial vessel that was docked or
anchored within 7 miles of a port on property confiscated by
the Cuban Government.
Section 415. The Committee includes a provision that
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:
Such sums that are available from ``Housing
Certificate Fund'';
$7,000,000 of budget authority from the
Neighborhood Stabilization Program;
Such sums that are available from ``Rural Housing
and Economic Development'';
Such sums that are available from ``Management and
Administration'';
Such sums that are available from ``Program Office
Salaries and Expenses''; and
Such sums that are available from ``Community
Development Loan Guarantees Program Account''.
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 5% of certain
Secretary. funds subject to
conditions
Office of the Secretary, Federal Highway Up to $5,000,000
National Infrastructure Administration,
Investments. Federal Transit
Administration,
Federal Railroad
Administration,
Maritime
Administration.
Federal Aviation Administration, Federal Aviation 2% of certain
Operations. Administration, funds subject to
Operations. conditions
FHWA: Limitation on Appalachian $3,248,000
administrative expenses. Regional
Commission.
Maritime Administration, Maritime $3,135,000
Maritime Guaranteed Loan (Title Administration,
XI) Program Account. Operations and
Training.
------------------------------------------------------------------------
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.. Program Office $14,400,000
Salaries and subject to
Expenses. conditions
Housing Trust Fund.............. Home Investment Such sums as
Partnerships available
Program.
Shelter Plus Care Renewal....... Homeless Such sums as
Assistance Grants. available
------------------------------------------------------------------------
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 italics, existing law in which no change
is proposed is shown in roman):
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)(2) of
this title.
(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) he 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 through December 31,
2031.
(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 through December 31, 2031.
(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).
(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) Longer Combination Vehicles in Idaho.--No limit or other
prohibition under this section, except as provided in this
subsection, applies to a longer combination vehicle operating
on a segment of the Interstate System in the State of Idaho if
such vehicle--
(1) has a gross vehicle weight of 129,000 pounds or
less;
(2) 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.
* * * * * * *
Sec. 130. Railway-highway crossings
(a) Subject to section 120 and subsection (b) of this
section, the entire cost of construction of projects for the
elimination of hazards of railway-highway crossings, including
the separation or protection of grades at crossings, the
reconstruction of existing railroad grade crossing structures,
and the relocation of highways to eliminate grade crossings,
may be paid from sums apportioned in accordance with section
104 of this title. In any case when the elimination of the
hazards of a railway-highway crossing can be effected by the
relocation of a portion of a railway at a cost estimated by the
Secretary to be less than the cost of such elimination by one
of the methods mentioned in the first sentence of this section,
then the entire cost of such relocation project, subject to
section 120 and subsection (b) of this section, may be paid
from sums apportioned in accordance with section 104 of this
title.
(b) The Secretary may classify the various types of projects
involved in the elimination of hazards of railway-highway
crossings, and may set for each such classification a
percentage of the costs of construction which shall be deemed
to represent the net benefit to the railroad or railroads for
the purpose of determining the railroad's share of the cost of
construction. The percentage so determined shall in no case
exceed 10 per centum. The Secretary shall determine the
appropriate classification of each project.
(c) Any railroad involved in a project for the elimination of
hazards of railway-highway crossings paid for in whole or in
part from sums made available for expenditure under this title,
or prior Acts, shall be liable to the United States for the net
benefit to the railroad determined under the classification of
such project made pursuant to subsection (b) of this section.
Such liability to the United States may be discharged by direct
payment to the State transportation department of the State in
which the project is located, in which case such payment shall
be credited to the cost of the project. Such payment may
consist in whole or in part of materials and labor furnished by
the railroad in connection with the construction of such
project. If any such railroad fails to discharge such liability
within a six-month period after completion of the project, it
shall be liable to the United States for its share of the cost,
and the Secretary shall request the Attorney General to
institute proceedings against such railroad for the recovery of
the amount for which it is liable under this subsection. The
Attorney General is authorized to bring such proceedings on
behalf of the United States, in the appropriate district court
of the United States, and the United States shall be entitled
in such proceedings to recover such sums as it is considered
and adjudged by the court that such railroad is liable for in
the premises. Any amounts recovered by the United States under
this subsection shall be credited to miscellaneous receipts.
(d) Survey and Schedule of Projects.--Each State shall
conduct and systematically maintain a survey of all highways to
identify those railroad crossings which may require separation,
relocation, or protective devices, and establish and implement
a schedule of projects for this purpose. At a minimum, such a
schedule shall provide signs for all railway-highway crossings.
(e) Funds for Protective Devices.--
(1) In general.--Before making an apportionment under
section 104(b)(3) for a fiscal year, the Secretary
shall set aside, from amounts made available to carry
out the highway safety improvement program under
section 148 for such fiscal year, at least
[$220,000,000] $350,000,000 for the elimination of
hazards and the installation of protective devices at
railway-highway crossings. At least 1/2 of the funds
authorized for and expended under this section shall be
available for the installation of protective devices at
railway-highway crossings. Sums authorized to be
appropriated to carry out this section shall be
available for obligation in the same manner as funds
apportioned under section 104(b)(1) of this title.
(2) Special rule.--If a State demonstrates to the
satisfaction of the Secretary that the State has met
all its needs for installation of protective devices at
railway-highway crossings, the State may use funds made
available by this section for other highway safety
improvement program purposes.
(f) Apportionment.--
(1) Formula.--Fifty percent of the funds set aside to
carry out this section pursuant to subsection (e)(1)
shall be apportioned to the States in accordance with
the formula set forth in section 104(b)(3)(A) as in
effect on the day before the date of enactment of the
MAP-21, and 50 percent of such funds shall be
apportioned to the States in the ratio that total
public railway-highway crossings in each State bears to
the total of such crossings in all States.
(2) Minimum apportionment.--Notwithstanding paragraph
(1), each State shall receive a minimum of one-half of
1 percent of the funds apportioned under paragraph (1).
(3) Federal share.--The Federal share payable on
account of any project financed with funds set aside to
carry out this section shall be 90 percent of the cost
thereof.
(g) Annual Report.--Each State shall report to the Secretary
not later than December 30 of each year on the progress being
made to implement the railway-highway crossings program
authorized by this section and the effectiveness of such
improvements. Each State report shall contain an assessment of
the costs of the various treatments employed and subsequent
accident experience at improved locations. The Secretary shall
submit a report to the Committee on Environment and Public
Works and the Committee on Commerce, Science, and
Transportation, of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives, not later than April 1, 2006, and every 2
years thereafter,, on the progress being made by the State in
implementing projects to improve railway-highway crossings. The
report shall include, but not be limited to, the number of
projects undertaken, their distribution by cost range, road
system, nature of treatment, and subsequent accident experience
at improved locations. In addition, the Secretary's report
shall analyze and evaluate each State program, identify any
State found not to be in compliance with the schedule of
improvements required by subsection (d) and include
recommendations for future implementation of the railroad
highway crossings program.
(h) Use of Funds for Matching.--Funds authorized to be
appropriated to carry out this section may be used to provide a
local government with funds to be used on a matching basis when
State funds are available which may only be spent when the
local government produces matching funds for the improvement of
railway-highway crossings.
(i) Incentive Payments for At-Grade Crossing Closures.--
(1) In general.--Notwithstanding any other provision
of this section and subject to paragraphs (2) and (3),
a State may, from sums available to the State under
this section, make incentive payments to local
governments in the State upon the permanent closure by
such governments of public at-grade railway-highway
crossings under the jurisdiction of such governments.
(2) Incentive payments by railroads.--A State may not
make an incentive payment under paragraph (1) to a
local government with respect to the closure of a
crossing unless the railroad owning the tracks on which
the crossing is located makes an incentive payment to
the government with respect to the closure.
(3) Amount of state payment.--The amount of the
incentive payment payable to a local government by a
State under paragraph (1) with respect to a crossing
may not exceed the lesser of--
(A) the amount of the incentive payment paid
to the government with respect to the crossing
by the railroad concerned under paragraph (2);
or
(B) $7,500.
(4) Use of state payments.--A local government
receiving an incentive payment from a State under
paragraph (1) shall use the amount of the incentive
payment for transportation safety improvements.
(j) Bicycle Safety.--In carrying out projects under this
section, a State shall take into account bicycle safety.
(k) Expenditure of Funds.--Not more than 2 percent of funds
apportioned to a State to carry out this section may be used by
the State for compilation and analysis of data in support of
activities carried out under subsection (g).
(l) National Crossing Inventory.--
(1) Initial reporting of crossing information.--Not
later than 1 year after the date of enactment of the
Rail Safety Improvement Act of 2008 or within 6 months
of a new crossing becoming operational, whichever
occurs later, each State shall report to the Secretary
of Transportation current information, including
information about warning devices and signage, as
specified by the Secretary, concerning each previously
unreported public crossing located within its borders.
(2) Periodic updating of crossing information.--On a
periodic basis beginning not later than 2 years after
the date of enactment of the Rail Safety Improvement
Act of 2008 and on or before September 30 of every year
thereafter, or as otherwise specified by the Secretary,
each State shall report to the Secretary current
information, including information about warning
devices and signage, as specified by the Secretary,
concerning each public crossing located within its
borders.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
Subtitle VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
* * * * * * *
Subchapter II--LENGTH AND WIDTH LIMITATIONS
* * * * * * *
Sec. 31111. Length limitations
(a) Definitions.--In this section, the following definitions
apply:
(1) Automobile transporter.--The term ``automobile
transporter'' means any vehicle combination designed
and used specifically for the transport of assembled
highway vehicles, including truck camper units.
(2) Maxi-cube vehicle.--The term ``maxi-cube
vehicle'' means a truck tractor combined with a
semitrailer and a separable property-carrying unit
designed to be loaded and unloaded through the
semitrailer, with the length of the separable property-
carrying unit being not more than 34 feet and the
length of the vehicle combination being not more than
65 feet.
(3) Truck tractor.--The term ``truck tractor''
means--
(A) a non-property-carrying power unit that
operates in combination with a semitrailer or
trailer; or
(B) a power unit that carries as property
only motor vehicles when operating in
combination with a semitrailer in transporting
motor vehicles.
(4) Driveaway saddlemount vehicle transporter
combination.--The term ``driveaway saddlemount vehicle
transporter combination'' means a vehicle combination
designed and specifically used to tow up to 3 trucks or
truck tractors, each connected by a saddle to the frame
or fifth-wheel of the forward vehicle of the truck or
truck tractor in front of it. Such combination may
include one fullmount.
(b) General Limitations.--(1) Except as provided in this
section, a State may not prescribe or enforce a regulation of
commerce that--
(A) imposes a vehicle length limitation of less than
45 feet on a bus, of less than 48 feet on a semitrailer
operating in a truck tractor-semitrailer combination,
[or of less than 28 feet on a semitrailer or trailer
operating in a truck tractor-semitrailer-trailer
combination,] or, notwithstanding section 31112, of
less than 33 feet on a semitrailer or trailer operating
in a truck tractor-semitrailer-trailer combination, on
any segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways (except a segment
exempted under subsection (f) of this section) and
those classes of qualifying Federal-aid Primary System
highways designated by the Secretary of Transportation
under subsection (e) of this section;
(B) imposes an overall length limitation on a
commercial motor vehicle operating in a truck tractor-
semitrailer or truck tractor-semitrailer-trailer
combination;
(C) has the effect of prohibiting the use of a
semitrailer or trailer of the same dimensions as those
that were in actual and lawful use in that State on
December 1, 1982;
(D) imposes a vehicle length limitation of not less
than or more than 97 feet on all driveaway saddlemount
vehicle transporter combinations;
(E) has the effect of prohibiting the use of an
existing semitrailer or trailer, of not more than 28.5
feet in length, in a truck tractor-semitrailer-trailer
combination if the semitrailer or trailer was operating
lawfully on December 1, 1982, within a 65-foot overall
length limit in any State; or
(F) imposes a limitation of less than 46 feet on the
distance from the kingpin to the center of the rear
axle on trailers used exclusively or primarily in
connection with motorsports competition events.
(2) A length limitation prescribed or enforced by a State
under paragraph (1)(A) of this subsection applies only to a
semitrailer or trailer and not to a truck tractor.
(c) Maxi-Cube and Vehicle Combination Limitations.--A State
may not prohibit a maxi-cube vehicle or a commercial motor
vehicle combination consisting of a truck tractor and 2
trailing units on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways (except a segment
exempted under subsection (f) of this section) and those
classes of qualifying Federal-aid Primary System highways
designated by the Secretary under subsection (e) of this
section.
(d) Exclusion of Safety and Energy Conservation Devices.--
Length calculated under this section does not include a safety
or energy conservation device the Secretary decides is
necessary for safe and efficient operation of a commercial
motor vehicle. However, such a device may not have by its
design or use the ability to carry cargo.
(e) Qualifying Highways.--The Secretary by regulation shall
designate as qualifying Federal-aid Primary System highways
those highways of the Federal-aid Primary System in existence
on June 1, 1991, that can accommodate safely the applicable
vehicle lengths provided in this section.
(f) Exemptions.--(1) If the chief executive officer of a
State, after consulting under paragraph (2) of this subsection,
decides a segment of the Dwight D. Eisenhower System of
Interstate and Defense Highways is not capable of safely
accommodating a commercial motor vehicle having a length
described in subsection (b)(1)(A) of this section or the motor
vehicle combination described in subsection (c) of this
section, the chief executive officer may notify the Secretary
of that decision and request the Secretary to exempt that
segment from either or both provisions.
(2) Before making a decision under paragraph (1) of this
subsection, the chief executive officer shall consult with
units of local government in the State in which the segment of
the Dwight D. Eisenhower System of Interstate and Defense
Highways is located and with the chief executive officer of any
adjacent State that may be directly affected by the exemption.
As part of the consultations, consideration shall be given to
any potential alternative route that serves the area in which
the segment is located and can safely accommodate a commercial
motor vehicle having a length described in subsection (b)(1)(A)
of this section or the motor vehicle combination described in
subsection (c) of this section.
(3) A chief executive officer's notification under this
subsection must include specific evidence of safety problems
supporting the officer's decision and the results of
consultations about alternative routes.
(4)(A) If the Secretary decides, on request of a chief
executive officer or on the Secretary's own initiative, a
segment of the Dwight D. Eisenhower System of Interstate and
Defense Highways is not capable of safely accommodating a
commercial motor vehicle having a length described in
subsection (b)(1)(A) of this section or the motor vehicle
combination described in subsection (c) of this section, the
Secretary shall exempt the segment from either or both of those
provisions. Before making a decision under this paragraph, the
Secretary shall consider any possible alternative route that
serves the area in which the segment is located.
(B) The Secretary shall make a decision about a specific
segment not later than 120 days after the date of receipt of
notification from a chief executive officer under paragraph (1)
of this subsection or the date on which the Secretary initiates
action under subparagraph (A) of this paragraph, whichever is
applicable. If the Secretary finds the decision will not be
made in time, the Secretary immediately shall notify Congress,
giving the reasons for the delay, information about the
resources assigned, and the projected date for the decision.
(C) Before making a decision, the Secretary shall give an
interested person notice and an opportunity for comment. If the
Secretary exempts a segment under this subsection before the
final regulations under subsection (e) of this section are
prescribed, the Secretary shall include the exemption as part
of the final regulations. If the Secretary exempts the segment
after the final regulations are prescribed, the Secretary shall
publish the exemption as an amendment to the final regulations.
(g) Accommodating Specialized Equipment.--In prescribing
regulations to carry out this section, the Secretary may make
decisions necessary to accommodate specialized equipment,
including automobile and vessel transporters and maxi-cube
vehicles.
Sec. 31112. Property-carrying unit limitation
(a) Definitions.--In this section--
(1) ``property-carrying unit'' means any part of a
commercial motor vehicle combination (except the truck
tractor) used to carry property, including a trailer, a
semitrailer, or the property-carrying section of a
single unit truck.
(2) the length of the property-carrying units of a
commercial motor vehicle combination is the length
measured from the front of the first property-carrying
unit to the rear of the last property-carrying unit.
(b) General Limitations.--A State may not allow by any means
the operation, on any segment of the Dwight D. Eisenhower
System of Interstate and Defense Highways and those classes of
qualifying Federal-aid Primary System highways designated by
the Secretary of Transportation under section 31111(e) of this
title, of any commercial motor vehicle combination (except a
vehicle or load that cannot be dismantled easily or divided
easily and that has been issued a special permit under
applicable State law) with more than one property-carrying unit
(not including the truck tractor) whose property-carrying units
are more than--
(1) the maximum combination trailer, semitrailer, or
other type of length limitation allowed by law or
regulation of that State before June 2, 1991; or
(2) the length of the property-carrying units of
those commercial motor vehicle combinations, by
specific configuration, in actual, lawful operation on
a regular or periodic basis (including continuing
seasonal operation) in that State before June 2, 1991.
(c) [Special Rules for Wyoming, Ohio, Alaska, Iowa, and
Nebraska] Special Rules for Wyoming, Ohio, Alaska, Iowa,
Nebraska, and Kansas.--In addition to the vehicles allowed
under subsection (b) of this section--
(1) 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 the vehicle configurations comply
with the single axle, tandem axle, and bridge formula
limits in section 127(a) of title 23 and are not more
than 117,000 pounds gross vehicle weight;
(2) Ohio may allow the operation of commercial motor
vehicle combinations with 3 property-carrying units of
28.5 feet each (not including the truck tractor) not in
actual operation on June 1, 1991, to be operated in
Ohio on the 1-mile segment of Ohio State Route 7 that
begins at and is south of exit 16 of the Ohio Turnpike;
(3) Alaska may allow the operation of commercial
motor vehicle combinations that were not in actual
operation on June 1, 1991, but were in actual operation
before July 6, 1991[; and];
(4) Iowa may allow the operation on Interstate Route
29 between Sioux City, Iowa, and the border between
Iowa and South Dakota or on Interstate Route 129
between Sioux City, Iowa, and the border between Iowa
and Nebraska of commercial motor vehicle combinations
with trailer length, semitrailer length, and property-
carrying unit length allowed by law or regulation and
in actual lawful operation on a regular or periodic
basis (including continued seasonal operation) in South
Dakota or Nebraska, respectively, before June 2,
1991[.]; and
(5) [Nebraska may] Nebraska and Kansas may allow the
operation of a truck tractor and 2 trailers or
semitrailers not in actual lawful operation on a
regular or periodic basis on June 1, 1991, if the
length of the property-carrying units does not exceed
81 feet 6 inches and such combination is used only to
transport equipment utilized by custom harvesters under
contract to agricultural producers to harvest one or
more of wheat, soybeans, and milo during the harvest
months for such crops, as defined by [the State of
Nebraska] the relevant state.
(d) Additional Limitations.--(1) A commercial motor vehicle
combination whose operation in a State is not prohibited under
subsections (b) and (c) of this section may continue to operate
in the State on highways described in subsection (b) only if at
least in compliance with all State laws, regulations,
limitations, and conditions, including routing-specific and
configuration-specific designations and all other restrictions
in force in the State on June 1, 1991. However, subject to
regulations prescribed by the Secretary under subsection (g)(2)
of this section, 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.
(2) This section does not prevent a State from further
restricting in any way or prohibiting the operation of any
commercial motor vehicle combination subject to this section,
except that a restriction or prohibition shall be consistent
with this section and sections 31113(a) and (b) and 31114 of
this title.
(3) A State making a minor adjustment of a temporary and
emergency nature as authorized by paragraph (1) of this
subsection or further restricting or prohibiting the operation
of a commercial motor vehicle combination as authorized by
paragraph (2) of this subsection shall advise the Secretary not
later than 30 days after the action. The Secretary shall
publish a notice of the action in the Federal Register.
(4) Nebraska may continue to allow to be operated under
paragraphs (b)(1) and (b)(2) of this section, the State of
Nebraska may allow longer combination vehicles that were not in
actual operation on June 1, 1991 to be operated within its
boundaries to transport sugar beets from the field where such
sugar beets are harvested to storage, market, factory or
stockpile or from stockpile to storage, market or factory. This
provision shall expire on February 28, 1998.
(e) List of State Length Limitations.--(1) Not later than
February 16, 1992, each State shall submit to the Secretary for
publication a complete list of State length limitations
applicable to commercial motor vehicle combinations operating
in the State on the highways described in subsection (b) of
this section. The list shall indicate the applicable State laws
and regulations associated with the length limitations. If a
State does not submit the information as required, the
Secretary shall complete and file the information for the
State.
(2) Not later than March 17, 1992, the Secretary shall
publish an interim list in the Federal Register consisting of
all information submitted under paragraph (1) of this
subsection. The Secretary shall review for accuracy all
information submitted by a State under paragraph (1) and shall
solicit and consider public comment on the accuracy of the
information.
(3) A law or regulation may not be included on the list
submitted by a State or published by the Secretary merely
because it authorized, or could have authorized, by permit or
otherwise, the operation of commercial motor vehicle
combinations not in actual operation on a regular or periodic
basis before June 2, 1991.
(4) Except as revised under this paragraph or paragraph (5)
of this subsection, the list shall be published as final in the
Federal Register not later than June 15, 1992. In publishing
the final list, the Secretary shall make any revisions
necessary to correct inaccuracies identified under paragraph
(2) of this subsection. After publication of the final list,
commercial motor vehicle combinations prohibited under
subsection (b) of this section may not operate on the Dwight D.
Eisenhower System of Interstate and Defense Highways and other
Federal-aid Primary System highways designated by the Secretary
except as published on the list. The list may be combined by
the Secretary with the list required under section 127(d) of
title 23.
(5) On the Secretary's own motion or on request by any person
(including a State), the Secretary shall review the list
published under paragraph (4) of this subsection. If the
Secretary decides there is reason to believe a mistake was made
in the accuracy of the list, the Secretary shall begin a
proceeding to decide whether a mistake was made. If the
Secretary decides there was a mistake, the Secretary shall
publish the correction.
(f) Limitations on Statutory Construction.--This section may
not be construed--
(1) to allow the operation on any segment of the
Dwight D. Eisenhower System of Interstate and Defense
Highways of a longer combination vehicle prohibited
under section 127(d) of title 23;
(2) to affect in any way the operation of a
commercial motor vehicle having only one property-
carrying unit; or
(3) to affect in any way the operation in a State of
a commercial motor vehicle with more than one property-
carrying unit if the vehicle was in actual operation on
a regular or periodic basis (including seasonal
operation) in that State before June 2, 1991, that was
authorized under State law or regulation or lawful
State permit.
(g) Regulations.--(1) In carrying out this section only, the
Secretary shall define by regulation loads that cannot be
dismantled easily or divided easily.
(2) Not later than June 15, 1992, the Secretary shall
prescribe regulations establishing criteria for a State to
follow in making minor adjustments under subsection (d) of this
section.
* * * * * * *
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; allowing up to $2,500,000 in user fees
to be credited to the account; and prohibiting the
establishment of Assistant Secretary of Public Affairs.
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 Infrastructure Investments' which limits the
availability of funds, provides for the distribution of funds,
specifies that funds are available only for certain activities,
allows the use of funds for administrative costs, ensures
equitable geographic distribution of funds, specifies amounts
for grants, limits that amount that may be awarded to a single
state, specifies an amount for the federal cost share, provides
priority to projects that require a contribution of Federal
funds, specifies a percentage for administration and oversight,
minimum grants size and Federal cost share for rural projects,
and specifies that projects must comply with certain
requirements in the United States Code.
Language is included under the Office of the Secretary,
`Financial management capital' which provides funds to upgrade
DOT's financial systems and processes, and changes the
availability of funds.
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, and changes the availability of funds.
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 limits the amount of
loans that can be subsidized, and provides funds for
administrative expenses.
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 allows the Secretary or his designee to work
with States and State legislators to consider proposals related
to the reduction of motorcycle fatalities.
Section 103 allows the Department to use the Working
Capital Fund to provide transit benefits to Federal employees.
Section 104 sets administrative requirements of the
Department's Credit Council.
Section 105 authorizes the Working Capital Fund to provide
partial or full payments in advance and accept reimbursement
from all Federal agencies for transit benefits; directs a
reasonable operating reserve; and limits the uses of the
reserve.
Language is included under the Federal Aviation
Administration, `Operations' that specifies funds for certain
activities; 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; and prohibits
funds from certain activities coordinated through the Working
Capital Fund.
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 2014.
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 9 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.
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, contingent on
enactment of authorization legislation, 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 available until expended.
Language is included under the Federal Highway
Administration, `Federal-aid highways' that, contingent on
enactment of authorization legislation, liquidates contract
authority from the Highway Trust Fund.
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.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor carrier safety operations and programs'
that, contingent on enactment of authorization legislation,
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, contingent
on enactment of authorization legislation, provides a
limitation on obligations and liquidation of contract
authorization and specifies amounts available for various
programs.
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 suspends enforcement of recent changes to the
restart provisions of the hours of service regulation unless
certain conditions are met.
Section 133 prohibits funds from being used to deny renewal
of a hazardous materials safety permit unless certain
conditions are met.
Section 134 prohibits funds from being used to increase
levels of minimum financial responsibility for motor carriers.
Section 135 prohibits funds from being used for a wireless
roadside inspection program unless certain conditions are met.
Language is included under National Highway Traffic Safety
Administration, `Operations and research' that provides funds
for vehicle safety activities.
Language is included under National Highway Traffic Safety
Administration, `Operations and research' that, contingent on
enactment of authorization legislation, provides a limitation
on obligations and a liquidation of contract authorization from
the Highway Trust Fund; specifies amounts for various programs;
and makes available unobligated balances of prior year contract
authority.
Language is included under the National Highway Traffic
Safety Administration `Highway traffic safety grants' that,
contingent on enactment of authorization legislation, 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 Highway
Safety Advisory Committee.
Section 143 prohibits funding for the national roadside
survey.
Section 144 prohibits funding for mandated global
positioning system tracking.
Language is included under Federal Railroad Administration,
`Safety and operations' that changes the availability of funds.
Language is included under Federal Railroad Administration,
`Railroad research and development' that changes the
availability of funds.
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 prohibits new
direct loans or loan guarantee commitments in 2016 that use
Federal funds for the credit risk premium.
Language is included under the Federal Railroad
Administration, `Operating subsidy grants to the National
Railroad Passenger Corporation' that provides funds to the
Secretary of Transportation to make quarterly grants to the
National Railroad Passenger Corporation and changes the
availability of funds; allows the Secretary to approve funding
only after receiving and reviewing a grant request for each
train route; ensures that each grant request is accompanied by
a detailed financial analysis, revenue projection, and capital
expenditure projection; requires the Corporation to submit a
number of reports electronically within 60 days of enactment,
including a business plan, a five year financial plan, an
annual budget; requires that the budget, business plan, and the
5-Year Financial Plan include annual information on
maintenance, refurbishment, replacement, and expansion for
Amtrak rolling stock consistent with the comprehensive fleet
plan; requires monthly performance reports in electronic
format, and that it describe work completed, changes to the
business plan and progress against the 2012 performance
improvement plan milestones; requires that reports comply with
requirements in Public Law 112-55; prohibits funds to support
any route with a discounted fare of more than 50 percent off
the normal peak fare, unless the operating loss is the result
of a discount covered by a State.
Language is included under the Federal Railroad
Administration, `Capital and debt service grants to the
national railroad passenger corporation' that allows the
Secretary of Transportation to make grants on a reimbursable
basis to the National Railroad Passenger Corporation for the
maintenance and repair of capital infrastructure and debt
service and to meet the Americans with Disability Act;
designates fund up to a certain amount as a working capital
fund account; specifies a ceiling for funds to be used for
operational costs subject to conditions; allows the Secretary
to retain funds to be used for oversight; requires approval of
funds only after receipt of a request justifying Federal
support; limits the use of funds to subsidize operating losses;
restricts the use of funds unless they have been approved by
the Secretary or are contained in the Corporation's business
plan; allows the Secretary to retain an amount to be used by
the Northeast Corridor Commission; and requires Amtrak to
conduct business case analysis on certain capital investments,
and specify that capital acquisitions are subject to the
availability of appropriated funds.
Section 150 allows FRA to receive and use cash or spare
parts to repair and replace damaged automated track inspection
cars and equipment in connection with the automated track
inspection program.
Section 151 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 provide a report that includes specified
information on overtime payments incurred for 2015 and two
prior years.
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, provides for the
liquidation of contract authority, and changes the availability
of funds.
Language is included under Federal Transit Administration,
` Transit Research' that specifies amounts made available for
certain activities.
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 availability of
funds.
Language is included under Federal Transit Administration,
`Washington metropolitan area transit authority' that changes
the 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, 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 a full funding grant agreement for a
project with a new starts share greater than 50 percent.
Section 164 prohibits funds for a certain fixed guideway
project in Houston, Texas.
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.
Language is included under Maritime Administration,
`Maritime security program' that provides funds to preserve a
U.S. flag merchant fleet.
Language is included under Maritime Administration,
`Operations and training' that provides specific funds for a
national security multi-mission vessel design, training ship
fuel assistance payments, maritime environment and technology
assistance, Student Incentive Program payments, capital
improvements at the United States Merchant Marine Academy, and
the State Maritime Schools Schoolship Maintenance and Repair;
directs allotment holders; and limits funds until the Secretary
completes a plan detailing how funding will be expended at the
Academy.
Language is included under Maritime Administration,
`Maritime guaranteed loan (title XI) program account' that
provides for the transfer to ``Operations and training.''
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.
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 the
amounts derived from the pipeline safety fund and the oil spill
liability trust fund, limits the period of availability, and
specifies a minimum funding level for the one-call state grant
program.
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, and
prohibits funds from being obligated by anyone other than the
Secretary or a designee of the Secretary.
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.
Language is included under Surface Transportation Board,
`Salaries and expenses' allowing the collection of $1,250,000
in 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.
Section 180 allows the Department of Transportation to use
funds for aircraft, motor vehicles, liability insurance,
uniforms, or allowances as authorized by law.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate for an Executive Level IV.
Section 182 prohibits funds in this Act for salaries and
expenses of more than 110 political and Presidential appointees
in the Department of Transportation, and prohibits political
and Presidential personnel assigned on temporary detail outside
the Department of Transportation.
Section 183 prohibits recipients of funds made available in
this Act from releasing personal information, including social
security number, medical or disability information, and
photographs from a driver's license or motor vehicle record,
without express consent of the person to whom such information
pertains; and prohibits the withholding of funds provided in
this Act for any grantee if a state is in noncompliance with
this provision.
Section 184 allows funds received by the Federal Highway
Administration, Federal Transit Administration, and the Federal
Railroad Administration from states, counties, municipalities,
other public authorities, and private sources to be used for
expenses incurred for training may be credited to each agency's
respective accounts.
Section 185 prohibits funds in Title I of this Act from
being issued for any loan, loan guarantee, line of credit or
grant unless the Secretary of Transportation notifies the House
and Senate Committees on Appropriations not less than three
full business days before any discretionary grant award, letter
of intent, or full funding grant is announced by the department
or its modal administrations.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to Department of
Transportation appropriations.
Section 187 allows amounts from improper payments to a
third party contractor that are lawfully recovered by the
Department of Transportation to be available to cover expenses
incurred in recovery of such payments.
Section 188 stipulates that the Committees on
Appropriations solely approve or deny any funds provided or
limited in this Act that are subject to a reprogramming action
that requires notice to be provided to the House and Senate
Committees on Appropriations.
Section 189 prohibits the Surface Transportation Board from
charging or collecting filing fees for late complaints in an
amount in excess of the authorized amount under section 1914 of
title 28, United States Code.
Section 190 allows funds to modal administrations to be
obligated to the Office of the Secretary for the costs related
to assessments or reimbursable agreements only when the
services provide a direct benefit to the applicable modal
administration.
Section 191 allows the use of the Working Capital Fund to
carry out the Federal Transit Pass program.
Section 192 prohibits funds for the Surface Transportation
Board (STB) to take action on a high-speed rail project in
California unless the STB considerers the project as a whole.
Section 193 prohibits funds to facilitate scheduled air
transportation to, or pass through, property confiscated by the
Cuban Government.
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 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'; 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 risk and regulatory affairs, the office
of policy development and research, the office of fair housing
and equal opportunity, and the office of lead hazard control
and health 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, 2016; 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); provides funding for incremental vouchers
for homeless veterans; 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; and provides for adjustments in
allocations for PHAs that participate in the Small Area Fair
Market Rent demonstration.
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; and specifies that the
Secretary shall track special purpose vouchers.
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 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, `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'; transfers amounts allocated to
the housing trust fund program to the home investment
partnership program; and prohibits funds from being credited to
the housing trust fund.
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 the 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; and requires notification of formula
allocations within 60 days of enactment.
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; specifies a certain amount for
contract administrators to administer certain programs; allows
certain recaptured funds to be used for contracts or contract
administrators; 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 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 of these funds; and allows these funds
to be used for purposes under this heading in addition to those
appropriated.
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, 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, `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, 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 limits the 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 limits the
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 relates to the division of financing adjustment
factors.
Section 202 prohibits available funds from being used to
investigate or prosecute lawful activities under the Fair
Housing Act.
Section 203 corrects an anomaly in the HOPWA formula that
results in the loss of funds for certain states.
Section 204 requires funds appropriated to be distributed
on a competitive basis in accordance with the Department of
Housing and Urban Development Reform Act of 1989.
Section 205 establishes the availability of funds subject
to the Government Corporation Control Act and the Housing Act
of 1950.
Section 206 set requirements on the allocation of funds in
excess of the budget estimates.
Section 207 sets requirements regarding the expenditure of
funds for corporations and agencies subject to the Government
Corporation Control Act.
Section 208 requires the Secretary to provide quarterly
reports on uncommitted, unobligated and excess funds in each
departmental program and activity.
Section 209 requires that the Administration's budget and
the Department's budget justifications for fiscal year 2016
shall be submitted in the identical account and sub-account
structure provided in this Act.
Section 210 exempts PHA Boards in Alaska, Iowa, and
Mississippi and the County of Los Angeles from public housing
resident representation requirement.
Section 211 prohibits the IG from changing the basis on
which the audit of GNMA is conducted.
Section 212 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 213 sets requirements for eligibility for Section 8
voucher assistance, and includes consideration for persons with
disabilities.
Section 214 requires the distribution of Native American
housing block grant funds to the same Native Alaskan recipients
as 2005.
Section 215 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 216 instructs HUD on managing and disposing of any
multifamily property that is owned by HUD.
Section 217 allows commitment authority under the Section
108 loan guarantee program to be used to guarantee notes or
other obligations issued by any State on behalf of non-
entitlement communities in the State.
Section 218 instructs HUD that PHAs that own and operate
400 units or fewer of public housing are exempt from asset
management requirements.
Section 219 restricts the Secretary from imposing any
requirement or guideline relating to asset management that
restricts or limits the use of capital funds for central office
costs, up to the limit established in QHWRA.
Section 220 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such allotment holder has received training.
Section 221 sets requirements regarding Notice of Funding
Availability (NOFA) announcements and publication.
Section 222 provides that funding for indemnities is
limited to non-programmatic litigation and is restricted to the
payment of attorney fees only.
Section 223 allows the Disaster Housing Assistance Programs
to be considered a program of the Department of Housing and
Urban Development for the purpose of income verifications and
matching.
Section 224 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 225 sets limitations on funds used for PHA salary
and bonus levels.
Section 226 prohibits funds for a doctoral dissertation
research program at HUD.
Section 227 requires notification to the Committee on grant
awards.
Section 228 prohibits funds to require public housing
agencies to conduct a Physical Needs Assessment.
Section 229 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 230 prohibits funds from being used to terminate
the status of a unit of general local government as a
metropolitan city with respect to grants.
Section 231 allows funding for research, evaluation and
statistical purposes that is unexpended to be reobligated for
additional research.
Section 232 prohibits the Secretary from requiring Energy
Star standards or any other energy efficiency standards that
exceed the requirements of applicable State and local building
codes.
Section 233 rescinds $7,000,000 in unobligated balances
remaining from section 1497 of the Dodd-Frank Wall Street
Reform and Protection act and section 2301 of the Housing and
Economic Recovery Act of 2008.
Section 234 rescinds unobligated balances remaining from
funds appropriated under the headings ``Rural Housing and
Economic Development'', ``Management and Administration'', and
``Program Office Salaries and Expenses''.
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 therefor, 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' which limits the availability of funds; specifies
the allocation of funds to certain activities; and specifies
the terms and conditions surrounding NRC activities.
Language is included for the United States Interagency
Council on Homelessness, `Operating expenses' that provides
funds for salaries, travel, hire of passenger motor vehicles,
rental of conference rooms, and the employment of experts and
consultants.
TITLE IV--GENERAL PROVISIONS, THIS ACT
Section 401 prohibits pay and other expenses for non-
Federal parties in regulatory or adjudicatory proceedings
funded in this Act.
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 of
public record in procurement contracts.
Section 404 prohibits Federal training not directly related
to the performance of official duties.
Section 405 specifies reprogramming procedures by
subjecting the establishment of new offices and reorganizations
to the reprogramming process.
Section 406 provides that fifty percent of unobligated
balances may remain available for certain purposes.
Section 407 prohibits funds from being used 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 the transfer of funds made available
in this Act to any instrumentality of the United States
Government except as authorized by this Act or any other
appropriations 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 the 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 found to
violate the Buy American Act.
Section 412 prohibits funds for first-class airline
accommodations in contravention of section 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 and specifies that nothing in this section shall
prohibit, restrict, or preclude the Secretary of DOT from
granting a permit or exemption where such authorization is
consistent with the U.S.-E.U.-Iceland-Norway Air Transport
Treaty and U.S. law.
Section 414 prohibits funds to issue a license or
certificate for a commercial vessel that was docked or anchored
within 7 miles of a port on property confiscated by the Cuban
Government.
Section 415 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
Last year of Authorization in last year Appropriations
Program authorization Level of in this bill
authorization
----------------------------------------------------------------------------------------------------------------
Title I--Department of Transportation 1/
Federal Aviation Administration:
Operations................................. 2015 $9,653,000 $9,740,700 $9,869,700
Facilities and Equipment................... 2015 $2,730,000 $2,600,000 $2,500,000
Research, Engineering, and Development..... 2015 $168,000 $156,750 $156,750
Grant-in-Aid for Airports.................. 2015 $3,350,000 $3,350,000 $3,350,000
Federal Highway Administration:
Federal-aid Highways 2/.................... 2015 $40,995,000 $40,995,000 $40,995,000
Federal Motor Carrier Safety Administration:
Motor Carrier Safety Operations & Programs 2015 $259,000 $271,000 $259,000
2/ 3/.....................................
Motor Carrier Safety Grants 2/............. 2015 $313,000 $313,000 $313,000
National Highway Traffic Safety Administration:
Operations and Research--General Fund...... 2009 $157,400 $130,000 $150,000
Operations and Research--Highway Trust Fund 2015 $118,500 $138,500 $125,000
2/ 4/.....................................
Highway Traffic Safety Grants 2/........... 2015 $561,500 $561,500 $561,500
Federal Transit Administration:
Transit Formula Grants 2/.................. 2015 $8,595,000 $8,595,000 $8,595,000
Capital Investment Grants 2/............... 2015 $1,907,000 $2,120,000 $1,921,395
Transit Research 2/........................ 2015 $70,000 $30,000 $26,000
Transit Cooperative Research 2/............ 2015 $7,000 $3,000 $0
Technical Assistance and Training 2/....... 2015 $7,000 $4,000 $3,000
Human Resources and Training 2/............ 2015 $5,000 $500 $0
Administrative Expenses 2/................. 2015 $104,000 $105,933 $105,933
Emergency Relief........................... 2015 such sums $0 $0
Federal Railroad Administration:
Capital and Debt Service Grants to Amtrak.. 2013 $1,625,000 $952,000 $850,000
Operating Subsidy Grants to Amtrak......... 2013 $631,000 $466,000 $288,500
Safety and Operations...................... 2013 $293,000 $178,596 $186,870
Maritime Administration:
Operations and Training 5/................. 2015 $148,400 $148,050 $167,800
Ship Disposal 5/........................... 2015 $4,800 $4,000 $4,000
Title XI 5/................................ 2015 $73,100 $3,100 $3,135
Pipeline and Hazardous Materials Safety
Administration:
Pipeline Safety............................ 2015 $109,252 $146,000 $145,870
Hazardous Materials Safety 2/.............. 2015 $43,762 $52,000 $60,500
Emergency Preparedness Grants.............. 2015 $28,318 $28,318 $28,318
Surface Transportation Board:
Surface Transportation Board............... 1998 $12,000 $13,853 $31,375
Office of the Secretary:
Small Communities Air Service Development 2015 $5,500 $5,500 $0
Program...................................
National Infrastructure Investments........ - - - $0 $0 $100,000
Payments to Air Carriers................... 2015 $155,000 $155,000 $155,000
----------------------------------------------------------------------------------------------------------------
1/ Includes accounts that have never had authorized appropriation amounts, such as Transportation Investments
Generating Economic Recovery (TIGER) grants.
2/ Authorization levels are annualized. The Highway and Transportation Funding Act of 2014 (P.L. 113-159)
extends Highway Trust Fund authorities through 5/31/2015.
3/ The FY 2015 enacted level for FMCSA Motor Carrier Safety Operations & Programs includes $12 million of prior
year unobligated contract authority made available by the FY 2015 Consolidated and Further Continuing
Appropriations Act (P.L. 113-235).
4/ The FY 2015 enacted level for NHTSA Operations and Research includes $20 million of prior year unobligated
contract authority made available by the FY 2015 Consolidated and Further Continuing Appropriations Act (P.L.
113-235).
5/ Reflects authorized amounts associated with maintaining national security aspects of the merchant marine per
P.L. 113-291.
Title II--Department of Housing and Urban Development
Rental Assistance:
Section 8 Voucher Renewals and 1994 8,446,173 5,458,106 19,681,000
Administrative Expenses...................
Public Housing Capital Fund................ 2003 3,000,000 2,712,555 1,681,000
Public Housing Operating Fund.............. 2003 2,900,000 3,576,600 4,440,000
Native American Housing Block Grants........... 2013 Such sums as 616,001 650,000
necessary
Indian Housing Loan Guarantee Fund............. 2012 Such sums as 6,000 8,000
necessary
Housing Opportunity for Persons with Aids...... 1994 156,300 156,000 332,000
Community Development Fund..................... 1994 4,168,000 4,877,389 3,060,000
Community Development Loan Guarantee 1/........ 1994 Not Applicable Not Applicable 0
Home Investment Partnerships Program 2/........ 1994 2,173,612 1,275,000 900,000
Choice Neighborhoods Initiatives............... 2012 SSAN 120,000
Self-Help Homeownership Opportunity Program.... 2001 Such sums as 48,000 50,000
necessary
Homeless Assistance............................ 2011 Such sums as 1,901,190 2,185,000
necessary
Housing for the Elderly........................ 2003 Such sums as 783,286 414,000
necessary
Housing for Persons with Disablities........... 2015 300,000 135,000 152,000
FHA General and Special Risk Program Account:
Limitations on Guaranteed Loans............ 1995 - - - [20,885,072] [30,000,000]
Limitation on Direct Loans................. 1995 - - - [220,000] [5,000]
Administrative Expenses.................... 1995 - - - 197,470
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 - - - 9,101 23,000
Policy Development and Research................ 1994 36,470 35,000 52,500
Fair Housing Activities, Fair Housing Program.. 1994 26,000 20,481 65,300
Lead Hazard Reduction Program.................. 1994 250,000 150,000 75,000
Salaries and Expenses.......................... 1994 1,029,496 916,963 1,340,900
----------------------------------------------------------------------------------------------------------------
1/ The Community Development Loan Guarantee program authorization only limits commitment authority.
2/ Appropriations in FY 16 bill includes amounts transferred from the Housing Trust Fund to the Home Investment
Partnerships Program account.
Title III--Related Agencies
Access Board............................... 2003 5,401 5,401 7,548
National Transportation Safety Board....... 2008 96,625 91,000 103,981
----------------------------------------------------------------------------------------------------------------
PROGRAM DUPLICATION
Pursuant to section 3(j)(2) of H. Res. 5 (113th Congress),
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 2016 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................................................... n.a. n.a. 0 \1\0
Discretionary............................................... 55,270 119,018 55,270 118,802
----------------------------------------------------------------------------------------------------------------
\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:
------------------------------------------------------------------------
302(b) Allocation This Bill
-----------------------------------------
Budget Budget
Authority Outlays Authority Outlays
------------------------------------------------------------------------
Projection of outlays
associated with the
recommendation:
2016...................... n.a. n.a. n.a. \2\40,64
6
2017...................... n.a. n.a. n.a. 34,132
2018...................... n.a. n.a. n.a. 13,625
2019...................... n.a. n.a. n.a. 5,770
2020 and future years..... n.a. n.a. n.a. 7,096
------------------------------------------------------------------------
\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:
------------------------------------------------------------------------
302(b) Allocation This Bill
-----------------------------------------
Budget Budget
Authority Outlays Authority Outlays
------------------------------------------------------------------------
Financial assistance to State n.a. n.a. 32,245 \2\30,39
and local governments for 1
2016.........................
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
MINORITY VIEWS OF NITA M. LOWEY AND DAVID PRICE
The impact of the Republican majority's policy of self-
imposed austerity is on full display in the Fiscal Year 2016
appropriations bill for the Subcommittee on Transportation,
Housing and Urban Development and Related Agencies. The overall
budget allocation for this year is woefully inadequate, even
after Chairman Rogers increased this Subcommittee's allocation
by $1.5 billion, which is more than half of the Committee's
total increase in allocations. The reality is that once you
factor in declining FHA receipts, increased Section 8 renewal
costs, and other inflationary adjustments, this bill is
actually $1.5 billion below last year's funding level. Simply
put, this bill would provide for fewer services and capital
investments than last year.
The programs under the jurisdiction of this Subcommittee
are critical to our nation's economic and social well-being--
providing necessary funding to improve housing and
transportation options, creating infrastructure jobs for
hardworking American families, and ensuring safe and adequate
transportation networks for goods, commuters, and travelers.
Yet, the challenges facing our nation's most basic
infrastructure are daunting, and will only worsen should this
bill become law. Today, one out of every nine bridges in this
country is structurally deficient and in need of repair or
replacement; Americans spend the equivalent of one work week
sitting in congestion; and, the capital backlog for our transit
systems is nearly $78 billion while the backlog for public
housing stock approaches $25 billion.
The President requested a robust increase for this bill in
Fiscal Year 2016, calling on Congress to provide the critical
investments necessary to accelerate and sustain economic
growth. Unfortunately, the bill adopted by the majority takes a
giant step backward in addressing our infrastructure needs.
In transportation, the bill levies deep cuts to capital
programs. Amtrak's overall funding level was reduced by $251
million or 18 percent below last year and there is no funding
for expansion of intercity passenger rail or installation of
safety mechanisms. We are further deeply dismayed that the
majority did not include any funding for Positive Train Control
(PTC), which the National Transportation Safety Board has said
could have prevented the May 12 Amtrak derailment in
Philadelphia.
The Federal Transit Administration's capital investment
grant program was slashed by 8 percent below last year and 41
percent below the President's request. And the Department of
Transportation's (DOT) enormously popular National
Infrastructure Investments program, also known as TIGER, was
reduced by $400 million below last year and $1.15 billion below
the President's request. Since its inception during the
American Recovery and Reinvestment Act, the TIGER program's
application pool has far exceeded its capacity. It remains the
one discretionary program that is designed to advance major
multi-modal, multi-jurisdictional surface transportation
projects of national and regional significance.
Finally, the bill cuts the Federal Aviation
Administration's (FAA) capital program by $355 million below
the request and $100 million below last year. Funding at these
levels will hamper FAA's ability to maintain and improve aging
facilities and slow down progress on the development of the
agency's NextGen program.
The majority rejected amendments that would have funded
each of these important capital and safety investment programs
at the President's requested level.
With a shortage of resources to truly support capital
needs, the bill relies on the inclusion of several policy
riders to provide the impetus for passage. Controversial riders
on truck length and weight have no place in this bill,
particularly at a time when the authorizers are working on a
reauthorization proposal where the issues can be thoroughly
debated. In addition, the bill continues to delay full
implementation of DOT's hours of service rule by including
unmanageable additional study requirements. These modifications
are a calculated effort by the trucking industry to put their
bottom line above driver safety.
The bill also attempts to undermine President Obama's new
policy related to the United States' relationship with Cuba by
preventing scheduled air service and cruise ship travel to
Cuban ports of entry. These provisions all bring further peril
to a bill that is already overburdened with an inadequate
allocation, yet the Majority also rejected amendments to
eliminate these controversial policy riders.
With only a token amount of $20 million for the Department
of Housing and Urban Development's (HUD) Choice Neighborhoods
Initiative, the bill includes insufficient funding for the
capital needs of public housing. The bill slashes Choice
Neighborhoods by $230 million, or 92 percent, below the
President's request, denying resources to transform clusters of
poverty into functioning, sustainable mixed income
neighborhoods and preventing the children who live there from
having the opportunities that all Americans deserve.
The bill contains $1.68 billion for the Public Housing
Capital Fund, which is a $194 million cut from last year. If
enacted, this level would be about the same as the funding
level in 1989. Given that new maintenance needs accrue at $3.4
billion per year, this level of funding would cover less than
half of the need while doing nothing to address the $25 billion
backlog of deferred maintenance.
The Housing for the Elderly and Housing for the Disabled
programs have been transformed into purely rental renewal
programs. Despite growing need in each of these programs, this
bill does not provide the resources needed to keep the supply
of these units in line with demand. This bill will do nothing
to increase access to safe, decent and affordable housing for
the elderly or the disabled.
While the HOME program might seem to be funded
sufficiently, we are concerned about how it is paid for. On the
surface, HOME and the Housing Trust Fund appear to both be
affordable housing programs, but the Housing Trust Fund targets
the lowest of the low income while HOME focuses on low- to
moderate- income households. We have a lack of supply of
affordable housing at all income levels, and we are concerned
that by taking money dedicated for the Housing Trust Fund, this
bill will perpetuate another gap in the spectrum of affordable
housing.
Significantly cutting Lead Hazard Control will slow
progress on eliminating household toxins. This successful
program has resulted in lower lead poisoning rates and better
educational and behavioral outcomes for children. The Freddie
Gray tragedy in Baltimore, where more than 93,000 children have
been added to Maryland's lead registries over the last twenty
years, has shined a light on problems related to lead
poisoning. Now is not the time to make reductions.
And while HUD's Information Technology Fund might not rise
to the same level of importance as some of the other programs
we've mentioned, it does underscore just how underfunded this
bill is. If the committee mark is enacted into law, HUD will
neither have functioning computers and email nor systems to
process mortgages and rental payments. At the same time, this
Committee has asked HUD to modernize and streamline information
technology systems, yet this bill provides no funding for that
purpose.
We are already just barely maintaining our infrastructure,
and looking ahead, our infrastructure needs will only increase.
Secretary Foxx's testimony from February included highlights
from the DOT's ``Beyond Traffic'' study which focused on the
trends and challenges facing our country over the next 30
years. Our nation's transportation systems will need to
accommodate a population that grows by 70 million people and
freight volumes that will increase by 45 percent to 29 billion
tons. DOT estimates that more than $163 billion in annual
investments will be needed to improve the condition and
performance of our nation's highway and transit systems.
The demands are similar on the housing side. A 2014 report
by the National Low Income Housing Coalition indicates there is
a shortage of 4.4 million affordable rental units for extremely
low-income households. HUD indicates that 1.5 million elderly
headed households either pay more than 50 percent of their
income on rent or live in inadequate housing. Among persons
with disabilities, 1.31 million were similarly situated. The
Housing Trust Fund was created to provide stable, long-term
funding to address the needs of extremely low-income families.
We are concerned that repurposing funds intended for the
Housing Trust Fund will exacerbate the affordable housing
crisis in this and future fiscal years.
In an address to Congress in February of 1955, President
Eisenhower stated:
Our unity as a nation is sustained by free
communication of thought and by easy transportation of
people and goods. The ceaseless flow of information
throughout the Republic is matched by individual and
commercial movement over a vast system of
interconnected highways crisscrossing the country and
joining at our national borders with friendly neighbors
to the north and south.
Together, the united forces of our communication and
transportation systems are dynamic elements in the very
name we bear-United States. Without them, we would be a
mere alliance of many separate parts.
We agree with President Eisenhower's sentiment. However,
this bill and the budgetary levels that underpin it undermine
the continued viability of our nation's infrastructure. For
centuries, our country's economic competiveness has been built
upon a world-class infrastructure that enabled innovation and
ingenuity to flourish. This bill hastens our infrastructure's
decay and threatens our economic vitality.
This bill clearly illustrates the folly of the Majority's
almost exclusive focus on domestic appropriations for deficit
reduction, while leaving the main drivers of the deficit
unaddressed. This does not work as fiscal policy, and it
decimates the investments a great country must make. While one
could rearrange the funding levels in this bill to address one
or more of the key areas mentioned earlier, there is no way to
sufficiently address all of the funding needs in the bill under
the given allocation.
We think the solution to our budgetary problems is clear.
For years, the budget has been balanced on the back of
discretionary spending, yet the increases are largely on the
mandatory side. We can move to a policy of prosperity if we
reach a sensible budget deal like we did a few years ago. We
need a comprehensive, multi-year budget agreement and we need
it soon. Anything less will mean another year of decay and
deferred maintenance for our communities and stalled economic
prosperity.
We remain hopeful that this bill can be improved as it goes
through the appropriations process. We look forward to working
with the Chairman as we move forward and are hopeful that a new
agreement on spending levels can give this bill and America's
infrastructure the resources they deserve.
Nita M. Lowey.
David E. Price.
[all]