[House Report 115-750]
[From the U.S. Government Publishing Office]
115th Congress } { REPORT
HOUSE OF REPRESENTATIVES
2d Session } { 115-750
======================================================================
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS BILL, 2019
_______
June 12, 2018.--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. 6072]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Departments of Transportation, Housing
and Urban Development, and related agencies for the fiscal year
ending September 30, 2019.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of Transportation...................... 2 4
Title II--Department of Housing and Urban Development...... 83 70
Title III--Related Agencies............................... 171 105
Title IV--General Provisions............................. 176 109
Reporting requirements..................................... 110
Minority views............................................. 176
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2019, 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.
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 2019, and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2019.
The Committee expects each agency to manage its programs
and activities within the amounts appropriated by Congress. The
Committee reminds agencies that reprogramming requests should
be submitted only in the case of an unforeseeable emergency or
a situation that could not have been anticipated when
formulating the budget request for the current fiscal year.
Except in emergency situations, reprogramming requests should
be submitted no later than June 30, 2019. Further, the
Committee notes that when a Department or agency submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding and, if reconciliation is not possible, to consider
the request to reprogram funds unapproved.
The Committee would also like to clarify that this section
applies to working capital funds of both HUD and DOT and that
no funds may be obligated from working capital fund accounts to
augment programs, projects or activities for which
appropriations have been specifically rejected by the Congress,
or to increase funds or personnel for any PPA above the amounts
appropriated by this Act.
CONGRESSIONAL BUDGET JUSTIFICATIONS
Budget justifications are the primary tool used by the
House and Senate Committees on Appropriations to evaluate the
resource requirements and fiscal needs of agencies. The
Committee is aware that the format and presentation of budget
materials is largely left to the agency within presentation
objectives set forth by the Office of Management and Budget
(OMB). In fact, OMB Circular A-11, part 1 specifically
instructs agencies to consult with congressional committees
beforehand. The Committee expects that all agencies funded
under this Act will heed this directive.
The Committee expects all of the budget justifications to
provide the data needed to make appropriate and meaningful
funding decisions. The Committee continues the direction that
justifications submitted with the fiscal year 2020 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 2020
to the fiscal year 2019 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
2020 budget request.
OTHER MATTERS
Performance Measures.--The Committee directs each of the
agencies funded by this Act to comply with title 31 of the
United States Code including the development of their
organizational priority goals and outcomes such as performance
outcome measures, output measures, efficiency measures, and
customer service measures.
Regional Councils of Government.--The Committee recommends
that all federal agencies list regional councils and councils
of governments as eligible entities in competitions for federal
funding whenever local governments or non-profit agencies are
eligible entities. Furthermore, it is the desire of this
Committee that all federal agencies actively seek opportunities
for regional councils and councils of governments to serve as
lead applicants and grantees in order to encourage and expand
greater regional collaboration. In the competitive grants
process, all federal agencies should work with entities having
previous experience with administering federal funding that
resulted in successful, comprehensive, well-coordinated
outcomes.
Federal Employee Conduct.--Public service is a public trust
that requires Federal employees to place ethical principles
above private gain. The Code of Federal Regulations (5 CFR
2635.101) specifies the basic obligation of public service.
Each of the agencies funded in the Act shall ensure their
employees understand and are in compliance with this
obligation.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
Appropriation, fiscal year 2018....................... $112,813,000
Budget request, fiscal year 2019...................... 113,842,000
Recommended in the bill............................... 112,813,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. -1,029,000
Immediate Office of the Secretary.--The immediate Office of
the Secretary has primary responsibility to provide overall
planning, direction, and control of departmental affairs.
Immediate Office of the Deputy Secretary.--The Office of
the Deputy Secretary has primary responsibility to assist the
Secretary in the overall planning, direction, and control of
departmental affairs. The Deputy Secretary serves as the chief
operating officer of the Department of Transportation.
Executive Secretariat.--The Executive Secretariat assists
the Secretary and Deputy Secretary in carrying out their
responsibilities by controlling and coordinating internal and
external documents.
Office of the Chief Information Officer.--The Office of the
Chief Information Officer serves as the principal advisor to
the Secretary on information resources and information systems
management.
Office of the Assistant Secretary for Governmental
Affairs.--The Office of the Assistant Secretary for
Governmental Affairs is responsible for coordinating all
Congressional, intergovernmental, and consumer activities of
the Department.
Office of the General Counsel.--The Office of the General
Counsel provides legal services to the Office of the Secretary
and coordinates and reviews the legal work of the chief
counsels' offices of the operating administrations.
Office of the Assistant Secretary for Budget and
Programs.--The Assistant Secretary for Budget and Programs is
responsible for developing, reviewing, and presenting budget
resource requirements for the Department to the Secretary,
Congress, and the Office of Management and Budget.
Office of the Assistant Secretary for Administration.--The
Office of the Assistant Secretary for Administration serves as
the principal advisor to the Secretary on department-wide
administrative matters and the responsibilities include
leadership in acquisition reform and human capital.
Office of Public Affairs.--The Office of Public Affairs is
responsible for the Department's press releases, articles,
briefing materials, publications, and audio-visual materials.
Office of Intelligence, Security, and Emergency Response.--
The Office of Intelligence, Security, and Emergency Response is
responsible for intelligence, security policy, preparedness,
training and exercises, national security, and operations.
Office of the Under Secretary of Transportation for
Policy.--The Office of the Under Secretary of Transportation
for Policy serves as the Department's chief policy officer, and
is responsible for the coordination and development of
departmental policy and legislative initiatives; international
standards development and harmonization; aviation and other
transportation-related trade negotiations; the performance of
policy and economic analysis; and the execution of the
Essential Air Service program.
COMMITTEE RECOMMENDATION
The bill provides $112,813,000 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 2018 enacted level and $1,029,000 below the
request. The Committee's recommendation includes individual
funding for each office as has been done in prior years.
However, the bill increases the amount allowed for transfers
between offices from seven percent to ten percent.
Operating plan.--The Committee directs the Department to
submit an operating plan for fiscal year 2019 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.
Alternative fuel vehicles.--The Committee urges the
Secretary to prioritize funding for the creation of standards
related to alternative fuel vehicles. Fuels that are stored
onboard for purposes of providing motor power are regulated
under multiple regulations including Federal Motor Vehicle
Safety Standards and the Federal Motor Carrier Safety
Administration regulations and lack of clarity on standards may
prevent further advancements of alternative fuel vehicles. More
specifically, the Secretary is encouraged to assess new
developments and the advancement of natural gas vehicles and to
oversee implementation of new safety regulations for liquefied
natural gas fuel tanks and fuel systems on commercial motor
vehicles. The Secretary is further encouraged to clarify the
ability of bus manufacturers to continue to deploy transit
buses that have roof-top mounted compressed natural gas
cylinders and to clarify that rules restricting access to
bridges and tunnels in the case of vehicles powered by an
alternative fuel vehicle should not be any more restrictive
than those addressing gasoline and diesel fueled vehicles.
MEGABYTE Act.--The GAO has repeatedly identified software
acquisition and licensing as high-risk due to significant
vulnerabilities to fraud, waste, abuse, and mismanagement. The
Committee notes that DOT received a failing grade on the most
recent Oversight and Government Reform Committee's Biannual
FITARA Scorecard for software licensing. The Committee directs
the department to prioritize its management of software
licenses, including inventory and analysis of usage, as
required by the MEGABYTE Act (P.L. 114-210).
Storm hazard mitigation for multimodal transit hubs.--The
Committee encourages the Secretary to allow mitigation and
weather-proofing activities on or near multimodal
transportation hubs as eligible for funds administered by the
Department of Transportation. This includes activities that
would reduce the risk of flooding associated with natural
disasters surrounding the structure such as urban trees,
vegetation, passive parkland, and increased permeable surfaces
and storm water control. These elements not only provide
opportunities to mitigate transportation pollution and improve
air quality but also enhance the structure's security elements
and help to reduce the structure's energy use, lowering overall
operating costs.
Open skies.--In fiscal year 2018, the Committee urged the
Department to take steps to ensure that U.S. airline carriers
and their workers have a fair and equal opportunity to compete
in accordance with open skies agreements with foreign
governments. The Committee notes that DOT worked with the State
Department to reach recent memorandums of agreement with
foreign governments to ensure transparency, accountability and
enforcement remain important tenants of open skies agreements.
The Committee directs the Department to continue to proactively
work with the State Department to take appropriate action with
any foreign governments where government subsidies have
resulted in market distortion. The Committee directs the
Department to provide regular updates to the Committee on their
activities related to the fair enforcement of open skies
agreements.
Online travel websites.--The Committee commends the
Department for suspending the Request for Information (RFI) on
industry distribution practices and directs the Department to
ensure that the RFI remains permanently suspended. The
Committee urges the Aviation Consumer Protection Advisory
Committee (ACPAC) to examine the impact on consumers of online
booking scams among websites purporting to be travel providers.
The Committee urges ACPAC to consult with other agencies
regarding recent decisions regarding counterfeit booking
websites and consider further steps necessary to protect
consumers from counterfeit booking websites.
Road to zero coalition.--The Committee believes that
substantial gains in reducing roadway fatalities can be
recognized in the coming years through a combination of
technology, continued successful safety programs, and
prioritizing safety. The Road to Zero coalition, which is
supported by the Federal Highway Administration, the National
Highway Traffic Safety Administration, and the Federal Motor
Carrier Safety Administration, is committed to a goal of zero
fatalities by 2050. This coalition is a broad-based, diverse
group comprised of individuals, academia, associations, safety
groups, businesses and others. The Committee urges the
Department to continue its involvement with and support of the
Road to Zero coalition.
Electrically powered vehicles.--The Committee directs the
Secretary, in conjunction with modal administrators and other
Federal agencies, to develop best practices to suppress and
combat fires in electrically powered light and heavy duty
vehicles.
Service animal policies.--The Committee directs the
Department of Transportation to review any airline
modifications to service animal policies. The review should
ensure that airlines continue to meet requirements of the
Federal Air Carrier Access Act and protect the rights of
disabled individuals, especially for the blind and visually
impaired.
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2018....................... $23,465,109
Budget request, fiscal year 2019...................... 6,971,000
Recommended in the bill............................... 7,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -16,465,109
Budget request, fiscal year 2019.................. +29,000
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 $7,000,000 for
research and technology activities, $16,465,109 below fiscal
year 2018 enacted and $29,000 above the budget request.
NATIONAL INFRASTRUCTURE INVESTMENTS
Appropriation, fiscal year 2018....................... $1,500,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 750,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -750,000,000
Budget request, fiscal year 2019.................. +750,000,000
The National Infrastructure Investments program (also known
as BUILD grants and formerly known as TIGER grants) was created
in the American Recovery and Reinvestment Act 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 $750,000,000 for National
Infrastructure Investments grants, which is $750,000,000 below
the fiscal year 2018 enacted level and $750,000,000 above the
budget request. Of the total amount provided, the
recommendation includes $250,000,000 for projects in rural
areas, $250,000,000 for projects in and around major seaports,
and $250,000,000 for projects of regional and national
significance located in an urbanized area with a population of
over 200,000. In the case of projects in urbanized areas, the
Secretary is directed to prioritize multimodal projects and
projects on major corridors of the national freight network.
Port infrastructure.--The Committee recognizes the
important role that ports play in our Nation's transportation
network. With the prediction that the volume of trade through
our Nation's ports will substantially increase in the next
decade, our Nation's infrastructure will be challenged to
accommodate the increase in the movement of freight. Growth at
our Nation's ports simultaneously increases demand on our
transportation systems. Therefore, the Committee continues to
identify ports as eligible recipients of this program and
includes $250,000,000 for projects in and around seaports. The
Secretary shall take into consideration, when selecting
recipients, the annual tonnage, existing terminal capacity, and
potential economic benefits of improvements to, or expansion
of, ports.
Rural bridge projects.--The Committee continues to believe
that our Federal infrastructure programs must benefit
communities across the country. For this reason, the Committee
continues to require the Secretary to award grants and credit
assistance in a manner that ensures an equitable geographic
distribution of funds and allocates funding to meet the needs
of urban and rural communities. Investing in infrastructure in
rural America is extremely important for growing the economy,
increasing exports, and expanding markets. For this reason, the
Committee provides $250,000,000 for projects located in rural
areas. Within this amount, the Secretary is directed to
prioritize applications for bridge replacement and
rehabilitation projects including off-system bridges. In
addition, the Secretary shall prioritize applications that
demonstrate cost savings by bundling multiple rural bridge
projects into a single proposal.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
Appropriation, fiscal year 2018....................... $3,000,000
Budget request, fiscal year 2019...................... 2,987,000
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +7,000,000
Budget request, fiscal year 2019.................. +7,013,000
The National Surface Transportation and Innovative Finance
Bureau administers and coordinates the Department of
Transportation's existing transportation finance programs.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $10,000,000 for the
National Surface Transportation and Innovative Finance Bureau
(the ``Bureau''), $7,000,000 above the fiscal year 2018 enacted
level and $7,013,000 above the budget request. Of the total
amount provided, $6,000,000 shall be for administration of
grants and loans provided through the nationally significant
freight and highway projects program as authorized under
section 117 of title 23. The Committee expects the Bureau to
administer the maritime guaranteed loan (title XI) program.
FINANCIAL MANAGEMENT CAPITAL
Appropriation, fiscal year 2018....................... $6,000,000
Budget request, fiscal year 2019...................... 2,000,000
Recommended in the bill............................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -4,000,000
Budget request, fiscal year 2019.................. - - -
The Financial Management Capital program supports a multi-
year project to upgrade DOT financial systems, processes and
reporting capabilities.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $2,000,000 which is
$4,000,000 below the fiscal year 2018 enacted level and the
same as the budget request.
Digital Accountability and Transparency Act.--Within the
amounts provided for the Financial Management Capital account,
funding is included for necessary expenses to support the
Department's activities related to the implementation of the
Digital Accountability and Transparency Act (DATA Act; Public
Law 113-101) including changes in business processes,
workforce, or information technology to support high quality,
transparent Federal spending information. Amounts provided
should supplement and not supplant existing DATA Act
activities.
CYBER SECURITY INITIATIVE
Appropriation, fiscal year 2018....................... $15,000,000
Budget request, fiscal year 2019...................... 10,000,000
Recommended in the bill............................... 25,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +10,000,000
Budget request, fiscal year 2019.................. +15,000,000
The Cyber Security Initiative is an effort to close
performance gaps in the Department's cybersecurity. The
initiative includes support for essential program enhancements,
infrastructure improvements and contractual resources to
enhance the security of the Department's computer network and
reduce the risk of security breaches.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $25,000,000 to
support the Secretary's cyber security initiative, which is
$10,000,000 above the fiscal year 2018 enacted level and
$15,000,000 above the budget request. Of this amount, no less
than $1,000,000 is for development of a cybersecurity framework
or profile derived from the NIST Cybersecurity Framework, for
messaging, consideration, and voluntary adoption by
stakeholders within the transportation sector.
DOT operates and oversees significant elements of the
critical transportation and information technology
infrastructure of the United States. Much of the DOT framework
relies upon, and is integrated with, computer networks,
computer mediated communications, online databases, and a wide
variety of other computer and computer network capabilities.
With the increasing interconnectivity and use of Internet-based
technologies, new dependencies, relationships, and
vulnerabilities are created as are new risks and new threats.
Further, DOT's privileged relationships with state and local
governments, and private-sector elements within the
transportation community, exposes operational elements of the
transportation sector itself to the potential of a cyber
compromise.
The Department is directed to prioritize funding increases
toward hardware, software and support for continued operation
and enhancement of the DOT information security and continuous
monitoring program and capabilities. Resources should be used
to support additional capabilities to identify anomalous,
abused, or compromised user credentials and network accounts,
protect agency data and communications, and prioritize response
and mitigation efforts.
OFFICE OF CIVIL RIGHTS
Appropriation, fiscal year 2018....................... $9,500,000
Budget request, fiscal year 2019...................... 9,470,000
Recommended in the bill............................... 9,500,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +30,000
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 $9,500,000 for the Office of Civil
Rights, the same as the fiscal year 2018 enacted level and
$30,000 above the budget request.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $14,000,000
Budget request, fiscal year 2019...................... 7,879,000
Recommended in the bill............................... 8,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -6,000,000
Budget request, fiscal year 2019.................. +121,000
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 $8,000,000 for
transportation planning, research, and development, which is
$6,000,000 below the fiscal year 2018 enacted level and
$121,000 above the budget request.
Of the funds provided, the recommendation includes
$1,000,000 to support the permitting dashboard.
Data sharing.--DOT possesses and collects much information
on airports, airways, roads, bridges and transit
infrastructure, but this rich data source is not integrated
across asset types. As the nation contemplates making a
significant investment in improving infrastructure, and as more
technologically integrated cities emerge, organizing, sharing,
and analyzing data through integrated data management,
reporting, visualization, and advanced analytics to discover
patterns and other useful information will allow decisionmakers
and policymakers at the federal and state levels to make more
informed decisions. Therefore, the Committee encourages DOT to
share data across its agencies and divisions in order to
optimize the Department's ability to properly analyze the
condition of assets, project outcomes of investments, choose
investments that would be most impactful, accurately report
where investments were implemented, monitor infrastructure
projects, measure the results of the investments, provide data
for public oversight in a modern, completely transparent
environment, and support data-driven public policy. The
Committee directs the Department to report to the House and
Senate Committees on Appropriations within 90 days of enactment
of this Act on the status of these efforts.
WORKING CAPITAL FUND
Appropriation, fiscal year 2018....................... $202,245,000
Budget request, fiscal year 2019...................... 203,883,000
Recommended in the bill............................... 203,883,000
Bill compared with:
Appropriation, fiscal year 2018................... +1,638,000
Budget request, fiscal year 2019.................. - - -
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 $203,883,000 on
the Working Capital Fund (WCF), an increase of $1,638,000 over
the limit set in 2018 and the same as the request. 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
Appropriation, fiscal year 2018....................... $500,301
Budget request, fiscal year 2019...................... 249,000
Recommended in the bill............................... 500,000
Bill compared with:
Appropriation, fiscal year 2018................... -301
Budget request, fiscal year 2019.................. +251,000
The minority business resource center advises and assists
disadvantaged, minority, and women-owned businesses with
obtaining short-term working capital for DOT and DOT-funded
transportation-related contracts.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $500,000 for the
resource center, $301 below the fiscal year 2018 enacted level
and $251,000 above the budget request. The entire amount is for
administrative expenses including education outreach
activities, monitoring of existing loans, and modification of
existing loans.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
Appropriation, fiscal year 2018....................... $4,646,000
Budget request, fiscal year 2019...................... 3,488,000
Recommended in the bill............................... 4,646,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +1,158,000
The Office of Small and Disadvantaged Business Utilization
has been merged with the minority business outreach program to
provide contractual support to small and disadvantaged
businesses and provide information dissemination and technical
and financial assistance to empower those businesses to compete
for contracting opportunities with DOT and DOT-funded contracts
or grants for transportation-related projects.
COMMITTEE RECOMMENDATION
The Committee recommends $4,646,000 for small and
disadvantaged business utilization and outreach, which is the
same as the fiscal year 2018 enacted level and $1,158,000 above
the budget request.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2018....................... $155,000,000
Budget request, fiscal year 2019...................... 93,000,000
Recommended in the bill............................... 175,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +20,000,000
Budget request, fiscal year 2019.................. +82,000,000
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 $140,177,000 for the EAS
program in fiscal year 2019.
COMMITTEE RECOMMENDATION
For fiscal year 2019, the Committee includes $175,000,000
in discretionary funding for the EAS program, which is
$20,000,000 above the fiscal year 2018 enacted level and
$82,000,000 above the budget request.
The following table shows the discretionary, mandatory, and
total program levels for the EAS program:
----------------------------------------------------------------------------------------------------------------
Appropriation Mandatory Total Program
----------------------------------------------------------------------------------------------------------------
FY 2018 Enacted................................................. $155,000,000 $130,760,000 $285,760,000
FY 2019 Request................................................. 93,000,000 140,177,000 233,177,000
Committee Recommendation........................................ 175,000,000 140,177,000 315,177,000
----------------------------------------------------------------------------------------------------------------
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 continues a provision prohibiting the Office of
the Secretary of Transportation from approving assessments or
reimbursable agreements pertaining to funds appropriated to the
operating administrations in this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
Section 102 continues a provision requiring the Secretary
of Transportation to post on the internet a schedule of all
Council on Credit and Finance meetings, agendas, and meeting
minutes.
Section 103 continues a provision allowing the Department
of Transportation Working Capital Fund to provide payments in
advance to vendors for the Federal transit pass fringe benefit
program and to provide full or partial payments to, and to
accept reimbursements from, Federal agencies for transit
benefit distribution services.
Federal Aviation Administration
The Federal Aviation Administration (FAA) is responsible
for the safety and development of civil aviation and for the
evolution of a national system of airports. The Federal
Government's regulatory role in civil aviation began with the
creation of an Aeronautics Branch within the Department of
Commerce pursuant to the Air Commerce Act of 1926. This Act
instructed the Secretary of Commerce to foster air commerce;
designate and establish airways; establish, operate, and
maintain aids to navigation; arrange for research and
development to improve such aids; issue airworthiness
certificates for aircraft and major aircraft components; and
investigate civil aviation accidents. In the Civil Aeronautics
Act of 1938, these activities were subsumed into a new,
independent agency named the Civil Aeronautics Authority.
After further administrative reorganizations, Congress
streamlined regulatory oversight in 1957 with the creation of
two separate agencies, the Federal Aviation Agency and the
Civil Aeronautics Board. When the Department of Transportation
began its operations on April 1, 1967, the Federal Aviation
Agency was renamed the Federal Aviation Administration (FAA),
and became one of several modal administrations within the
department. The Civil Aeronautics Board was later phased out
with enactment of the Airline Deregulation Act of 1978, and
ceased to exist at the end of 1984. FAA's mission expanded in
1995 with the transfer of the Office of Commercial Space
Transportation from the Office of the Secretary, and contracted
in December 2001 with the transfer of civil aviation security
activities to the new Transportation Security Administration.
NextGen.--The Committee places a high priority on Next
Generation of Air Traffic Control (NextGen) programs, and
provides substantial resources above the budget request in the
operations, facilities and equipment, and research evaluation
and demonstration accounts to modernize air traffic control
along with private sector stakeholders.
NextGen Advisory Committee.--The NextGen Advisory Committee
(NAC) includes a diverse membership of the aviation community,
including representatives from general aviation, commercial
aviation, labor organizations, airports, local community
representatives and the federal government. The Committee
believes that the current NAC membership includes an
appropriate mix of aviation stakeholders. The Committee
strongly believes that the NAC performs an important role in
setting priorities for the FAA's air traffic control
modernization efforts. It is a public-private partnership that
has encouraged collaboration between FAA and its industry
stakeholders to advance the development and deployment of new
technologies and automation systems. The Committee expects the
FAA to implement NAC recommendations and directs the FAA to
provide an annual update on the status of NAC recommendations
to the House and Senate Committees on Appropriations.
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2018....................... $10,211,754,000
Budget request, fiscal year 2019...................... 9,931,312,000
Recommended in the bill............................... 10,410,758,000
Bill compared with:
Appropriation, fiscal year 2018................... +199,004,000
Budget request, fiscal year 2019.................. +479,446,000
This appropriation provides funds for the operation,
maintenance, communications, and logistical support of the air
traffic control and air navigation systems. It also covers
administrative and managerial costs for the FAA's regulatory,
international, medical, engineering and development programs as
well as policy oversight and overall management functions.
The operations appropriation includes the following major
activities: (1) operation on a 24-hour daily basis of a
national air traffic system; (2) establishment and maintenance
of a national system of aids to navigation; (3) establishment
and surveillance of civil air regulations to ensure safety in
aviation; (4) development of standards, rules and regulations
governing the physical fitness of airmen, as well as the
administration of an aviation medical research program; (5)
administration of the acquisition, and research and development
programs; (6) headquarters, administration, and other staff
offices; and (7) development, printing, and distribution of
aeronautical charts used by the flying public.
COMMITTEE RECOMMENDATION
The Committee recommends $10,410,758,000 for FAA
operations, which is $199,004,000 above the fiscal year 2018
enacted level and $479,446,000 above the budget request.
The following table shows a comparison of the fiscal year
2018 enacted level, the budget request, and the Committee
recommendation by budget activity:
----------------------------------------------------------------------------------------------------------------
FY 2018 FY 2019 Committee
enacted request recommendation
----------------------------------------------------------------------------------------------------------------
Air Traffic Organization..................................... $7,692,786 $7,495,690 $7,840,013
Aviation Safety.............................................. 1,310,000 1,276,255 1,339,561
Commercial Space Transportation.............................. 22,587 21,578 24,917
Finance & Management......................................... 801,506 771,010 816,234
NextGen planning............................................. 60,000 58,536 60,720
Security and Hazardous Materials Safety...................... 112,622 105,558 114,018
Staff Offices................................................ 212,253 202,685 215,295
--------------------------------------------------
Total.................................................... 10,211,754 9,931,312 10,410,758
----------------------------------------------------------------------------------------------------------------
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 2020 budget to include adequate
information on each proposed general provision.
TRUST FUND SHARE OF FAA BUDGET
The bill derives $9,594,758,000 of the total operations
appropriation from the Airport and Airway Trust Fund. The
balance of the appropriation, $816,000,000, will be drawn from
the general fund of the Treasury.
AIR TRAFFIC ORGANIZATION
The bill provides $7,840,013,000 for the air traffic
organization, which is $147,227,000 above the 2018 enacted
level and $344,323,000 above the budget request.
Contract tower program.--The Committee recommendation
includes $168,000,000 for the contract tower program, including
the contract tower cost share program. This is $3,000,000 above
the fiscal year 2018 enacted level. The Committee continues to
strongly support the FAA contract tower program as a cost-
effective and efficient way to provide air traffic control
services to smaller airports across the country as validated by
numerous audits of the Department of Transportation Office of
Inspector General. In an effort to increase air traffic safety
benefits throughout the national air transportation system, the
Committee has provided dedicated funding over the past few
years to add qualified airports annually to the program. The
Committee expects FAA to continue to operate the 254 contract
towers currently in the program, annualize funding for towers
that will be added in 2018, and provide full-year funding for
new airports expected to be added to the program in fiscal year
2019.
Day Night Level (DNL) study.--The Committee recognizes the
severe impacts of aircraft noise on communities across the
United States and directs the FAA to evaluate alternative
metrics to the current Day Night Level (DNL) 65 standard, such
as use of actual noise sampling and other methods to address
community airplane noise concerns. The Committee requests that
the FAA not solely rely on modeling and simulation.
Aircraft noise research.--The Committee encourages Regional
Centers of Air Transportation Excellence to research the
impacts of aircraft noise on humans and effective methods for
mitigating such impacts. In addition, the FAA should consider
contracting with an institution of higher education to study
the health effects of airplane noise.
O'Hare Modernization Program.--The Committee directs the
FAA to continue to work expeditiously to identify appropriate
short and long term mitigation measures to address local
concerns that have been raised as a result of the O'Hare
Modernization Program at Chicago O'Hare International Airport.
The FAA is expected to provide a progress report on these
measures to the Committee within 90 days of enactment of this
Act.
AVIATION SAFETY
The Committee provides $1,339,561,000 for aviation safety,
which is $29,561,000 above the fiscal year 2018 enacted level
and $63,306,000 above the budget request.
The Committee continues its direction requiring the
Secretary to provide annual reports regarding the use of the
funds provided, including, but not limited to, the total full-
time equivalent staff years in the offices of aircraft
certification and flight standards, total employees, vacancies,
and positions under active recruitment.
Unmanned aircraft systems (UAS) integration.--The Committee
recommendation includes $56,000,000 for UAS integration
activities within the operations account. This is $5,000,000
above the enacted level. Additional resources are included to
enhance stakeholder work with manufacturers on safety,
improvements to information technology systems, UAS trend
forecasting, and regulatory work to advance the industry.
UAS Integration and Advanced Operations.--The Committee is
pleased that the FAA has initiated three new programs to safely
and efficiently integrate UAS in the national airspace system
and enable advanced operations, however the Committee is
concerned that there is not a clear alignment in the goals of
each program to reach full UAS integration. The Committee
believes that creation of an unmanned traffic management (UTM)
network is critical to the safe integration of UAS into the
national airspace system (NAS), including advanced UAS
operations like package delivery, infrastructure inspections
and precision agriculture. Therefore, the Administrator shall
issue a report to the Committee within 120 days after enactment
of this legislation that describes how the Low Altitude
Authorization and Notification Capability (LAANC), the UAS
Integration Pilot Program (IPP), and the UTM Pilot Program
(UPP) support the commercial development of a UTM network, the
key milestones of each program, and the timeline to reach full
UTM integration.
UAS Integration Pilot Program.--The Committee believes that
the Department of Transportation Unmanned Aircraft System (UAS)
Integration Pilot Program is a crucial step toward enabling
enhanced UAS operations and gathering data to safely integrate
those expanded operations into the national airspace system
(NAS). In order to enable enhanced UAS operations, foster a
diversity of state, local and tribal governments participating,
and inform future FAA rulemaking, DOT shall enter into
additional rounds of agreements with state, local and tribal
governments no later than December 31, 2018. In carrying out
the pilot program, the Committee urges the FAA to consider
areas that feature large parcels of unpopulated or sparsely
populated land and over which civil aircraft have limited
operations, and where testing of multiple UAS may be conducted
simultaneously at various altitudes using several
communications links.
Large Unmanned Aircraft Systems.--While most of the FAA's
attention to date has focused on the integration of small
unmanned aircraft into our airspace, the Committee is aware of
the economic potential of larger certifiable classes of
unmanned aircraft operating at higher altitudes and with longer
range and persistence. While the Committee understands the
integration of large UAS will not be an overnight
transformation, it is time for the FAA to recognize and respond
to the near-term arrival of technologies that usher in this
next phase of UAS integration. The Committee therefore directs
the FAA to submit a report to the House and Senate Committees
on Appropriations, not later than 120 days after enactment of
this act, on the anticipated economic benefits of large
unmanned aircraft in both cargo and passenger applications, the
need for performance-based standards to safely integrate these
new systems into our airspace, and the agency's recommendations
for accelerating its regulatory approach, to keep pace with
technological developments and industry demand in this emerging
sector of the UAS market.
Aircraft Certification Service.--The Committee
recommendation includes no less than $232,000,000 for the
Aircraft Certification Service.
Additive manufacturing.--The Committee is aware the
aerospace industry has recently focused on additive
manufacturing of advanced components where the advantages can
significantly transform aircraft and spacecraft propulsion
along with their entire design, manufacturing, and distribution
channels. A primary challenge in additive manufacturing (AM)
for aerospace applications is the certification of flight
worthiness of complex AM-constructed metallic components.
Current qualification and certification approaches are
inadequate to capture the wide variety of AM machine types and
the expanding complexity of AM-producible designs. The
Committee recommends that FAA prioritize the development of
advanced non-destructive inspection methodologies to address
these challenges.
Flight standards.--The Committee believes Flight Standards
must focus on streamlining regulatory processes and driving
consistency into the interpretation and application of
oversight activities. In this regard, the Committee understands
that the FAA Flight Standards Service is directly responsible
for certain activities supporting the type certification,
delivery, and operation of new aircraft. These activities
includes review and approval of flight manuals, instructions
for continued airworthiness and minimum equipment lists which
require consistent and timely response from the Flight
Standards policy and field offices including Aircraft
Evaluation Group and Flight Standards District Offices. With
the funds provided, the committee directs FAA to work with
industry and bilateral partners to ensure that these Flight
Standards activities contribute to improving the effectiveness
and efficiency of certification processes, streamlining the
entry into service of new aircraft, and enhancing the
acceptance and validation of aviation products globally.
Allergic reactions aboard aircraft.--The Committee directs
the FAA to review its policies concerning severe allergic
reactions aboard aircraft and submit a report within 90 days of
enactment detailing the reporting requirements for airlines
when an allergic reaction occurs, the data collection standards
for such a report, and the number of reports in the past year.
Human Intervention Motivation Study and the Flight
Attendant Drug and Alcohol Program.--The Committee recognizes
the effectiveness of the Human Intervention Motivation Study
(HIMS) and the Flight Attendant Drug and Alcohol Program
(FADAP) in mitigating drug and alcohol abuse through a peer
identification and intervention program. The Committee
recommends that the FAA continue to prioritize this program and
urges the FAA to continue this program from within available
resources.
Technician staffing and training.--The Office of Inspector
General (OIG) is expected to release the Committee's requested
audit on technician staffing and placement during the summer of
2018. The Committee is interested in reviewing the OIG's
findings and recommendations to ensure that there is adequate
technician staffing at all critical air traffic control
facilities. In addition, the Committee understands that OIG
intends to review the FAA's training programs as a follow up to
the staffing review. The Committee directs the OIG to include a
review and description of FAA's use of virtual and online
learning as a training tool for its technical workforce. The
Committee directs the OIG to provide an update on its training
review within 90 days of enactment.
Safety critical staffing and training.--On April 27, 2018,
the House overwhelmingly passed the ``FAA Reauthorization Act
of 2018'' (H.R. 4). Section 302 of H.R. 4 requires the FAA to
update the safety critical staffing model to determine the
number of aviation safety inspectors that will be needed to
fulfill the FAA's safety oversight mission and requires an OIG
audit of the staffing model. The Committee supports efforts to
update the staffing model and urges the FAA to move
expeditiously. Adequate inspector staffing levels must also be
accompanied by thorough training to ensure proper safety
oversight of certificated entities. The Committee directs the
OIG to conduct a review of the FAA's safety inspector training
program and to provide a report to the House and Senate
Committees on Appropriations within 180 days of enactment.
COMMERCIAL SPACE TRANSPORTATION
The Committee recommends $24,917,000 for the Office of
Commercial Space Transportation, which is $2,330,000 above the
fiscal year 2018 enacted level and $3,339,000 above the budget
request. The additional funding supports the Administration's
regulatory reform efforts to keep pace with the growing
commercial space industry, including efforts to streamline
permitting and keep pace with the growing number of commercial
space launches.
Lunar exploration and development.--The Committee commends
the FAA Office of Commercial Space Transportation's efforts to
promote private sector Lunar exploration and development and
encourages the FAA to explicitly define non-interference and to
enhance its payload review process to provide companies
planning private sector Lunar development with the security and
predictability necessary to support substantial investments.
The Committee also encourages the office, in collaboration with
the Commercial Space Transportation Advisory Committee, to
engage in conversation with NASA to explore the lift power and
capacity of the Space Launch System (SLS) as a means of
facilitating commercial-space efforts, in accordance with the
Commercial Space Launch Act, in which the SLS sometimes serves
in an infrastructure-building role to speed the transport of
large-volume payloads and non-profit or cost-sharing payloads,
and payloads which benefit from being inserted into lunar orbit
together.
Space situational awareness.--The Committee recognizes the
importance of space situational awareness on access to and use
of space. The Committee expects the FAA to continue to engage
in a pilot program with the Department of Defense in order to
determine the requirements necessary for operational space
situational awareness. As part of this effort, the FAA should
also study how best to acquire, compile, and share space
situational data, considering such sources such as
governmental, academic, commercial, and international.
FINANCE AND MANAGEMENT
The Committee recommends $816,234,000 for finance and
management activities, which is $14,728,000 above the fiscal
year 2018 enacted level and $45,224,000 above the budget
request.
Aircraft Accessibility.--The Committee notes the air
travel-related challenges for disabled and paralyzed Americans,
including damaged assistive devices, delayed assistance, and
lack of seating accommodations. Therefore, the Committee
encourages the Secretary of Transportation and Administrator of
the FAA to work with the air travel industry to improve
accessibility for disabled Americans. Further, not later than
180 days after the enactment of this Act, the Committee directs
the Secretary to submit a report to Congress on its initiatives
to increase air-travel accessibility.
Controller workforce diversity.--The fiscal year 2018
Committee Report included direction for FAA to continue to
update the House and Senate Committees on Appropriations on the
diversity of the controller workforce. The Committee noted that
revised hiring procedures yielded a class of developmental
controllers that represent a more diverse demographic and
expressed interest. The Committee urges FAA to continue to
identify any barriers to the success of the new controllers and
develop strategies to remove those barriers.
NEXTGEN AND OPERATIONS PLANNING
The Committee recommends $60,720,000 for NextGen and
Operations Planning, which is $720,000 above the fiscal year
2018 enacted level and $2,184,000 above the budget request.
SECURITY AND HAZARDOUS MATERIALS SAFETY
The Committee recommends $114,018,000 for Security and
Hazardous Materials Safety, which is $1,396,000 above the
fiscal year 2018 enacted level and $8,460,000 above the budget
request.
STAFF OFFICES
The Committee recommends $215,295,000 for Staff Offices,
which is $3,042,000 above the fiscal year 2018 enacted level
and $12,610,000 above the budget request.
BILL LANGUAGE
Second career training program.--The bill retains language
prohibiting the use of funds for the second career training
program. This prohibition has been in annual appropriations
Acts for many years, and is included in the President's budget
request.
Aviation user fees.--The bill includes a limitation carried
for several years prohibiting funds from being used to finalize
or implement any new unauthorized user fees.
Aeronautical charting and cartography.--The bill maintains
the provision prohibiting funds in this Act from being used to
conduct aeronautical charting and cartography (AC&C) activities
through the working capital fund (WCF).
Credits.--The bill includes language allowing funds
received from specified public, private, and foreign sources
for expenses incurred to be credited to the appropriation.
Contract weather observers.--The bill includes language
which prohibits funds to eliminate the Contract Weather
Observer program.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2018....................... $3,250,000,000
Budget request, fiscal year 2019...................... 2,766,572,000
Recommended in the bill............................... 3,250,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +483,428,000
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 $3,250,000,000
for the FAA's facilities and equipment program. This level is
the same level provided in fiscal year 2018 and $483,428,000
above the budget request. The bill provides that, of the total
amount recommended, $2,600,625,000 is available for obligation
until September 30, 2021, and $515,325,000 (the amount for
personnel and related expenses) is available until September
30, 2020, and $143,050,000 is available until expended for
facilities replacements and improvements.
The following table provides funding levels for facilities
and equipment activities and budget line items.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Activity 1--Engineering, Development,
Test and Evaluation:
Advanced Technology Development $33,000,000 $33,000,000
and Prototyping..................
William J. Hughes Technical Center 21,000,000 21,000,000
Laboratory Sustainment...........
William J. Hughes Technical Center 12,000,000 15,000,000
Infrastructure Sustainment.......
Separation Management Portfolio... 16,589,000 16,000,000
Traffic Flow Management Portfolio. 14,000,000 17,000,000
On Demand NAS Portfolio........... 20,500,000 28,500,000
NAS Infrastructure Portfolio...... 13,500,000 22,500,000
NextGen Support Portfolio......... 12,800,000 12,800,000
Unmanned Aircraft Systems (UAS)... 14,000,000 25,000,000
Enterprise, Concept Development, 9,500,000 19,500,000
Human Factors, & Demonstrations
Portfolio........................
---------------------------------
TOTAL ACTIVITY 1.............. 166,889,000 210,300,000
Activity 2--Air Traffic Control
Facilities and Equipment:
a. En Route Programs
En Route Automation Modernization 102,050,000 126,050,000
(ERAM)-System Enhancements and
Tech Refresh.....................
En Route Communications Gateway 1,650,000 1,650,000
(ECG)............................
Next Generation Weather Radar 5,500,000 7,500,000
(NEXRAD)--Provide................
Air Route Traffic Control Center 88,050,000 108,050,000
(ARTCC) & Combined Control
Facility (CCF) Building
Improvements.....................
Air Traffic Management (ATM)...... 6,200,000 16,055,000
Air/Ground Communications 10,541,000 8,750,000
Infrastructure...................
Air Traffic Control En Route Radar 6,600,000 6,600,000
Facilities Improvements..........
Voice Switching and Control System 11,400,000 16,400,000
(VSCS)...........................
Oceanic Automation System......... 17,500,000 28,500,000
Next Generation Very High 50,000,000 60,000,000
Frequency Air/Ground
Communications (NEXCOM)..........
System-Wide Information Management 58,807,000 60,300,000
ADS-B NAS Wide Implementation..... 123,748,000 143,700,000
Collaborative Air Traffic 17,700,000 17,700,000
Management Technologies..........
Time Based Flow Management 21,150,000 28,150,000
Portfolio........................
NextGen Weather Processors....... 24,650,000 33,650,000
Airborne Collision Avoidance 7,700,000 7,700,000
System X (ACASX).................
Data Communications in Support of 113,850,000 153,850,000
NG Air Transportation System.....
Non-Continental United States (Non- 14,000,000 14,000,000
CONUS) Automation................
Reduced Oceanic Separation........ - - - 25,000,000
En Route Service Improvements..... 1,000,000 1,000,000
Commercial Space Integration...... 7,000,000 7,000,000
---------------------------------
Subtotal En Route Programs.... 689,096,000 871,605,000
b. Terminal Programs
Airport Surface Detection - - - 5,000,000
Equipment--Model X (ASDE-X)......
Terminal Doppler Weather Radar 4,500,000 4,500,000
(TDWR)--Provide..................
Standard Terminal Automation 66,900,000 76,900,000
Replacement System (STARS) (TAMR
Phase 1).........................
Terminal Automation Modernization/ 9,012,000 8,000,000
Replacement Program (TAMR Phase
3)...............................
Terminal Automation Program....... 8,500,000 13,500,000
Terminal Air Traffic Control 19,200,000 27,200,000
Facilities--Replace..............
ATCT/Terminal Radar Approach 95,850,000 115,850,000
Control (TRACON) Facilities--
Improve..........................
Terminal Voice Switch Replacement 9,574,000 19,600,000
(TVSR)...........................
NAS Facilities OSHA and 41,900,000 41,900,000
Environmental Standards
Compliance.......................
Airport Surveillance Radar (ASR-9) 12,800,000 12,800,000
Terminal Digital Radar (ASR-11) 1,000,000 1,000,000
Technology Refresh and Mobile
Airport Surveillance Radar (MASR)
Runway Status Lights.............. 2,000,000 2,000,000
National Airspace System Voice 43,150,000 43,150,000
System (NVS).....................
Integrated Display System (IDS)... 19,459,000 18,000,000
Remote Monitoring and Logging 18,100,000 18,100,000
System (RMLS)....................
Mode S Service Life Extension 15,400,000 15,400,000
Program (SLEP)...................
Terminal Flight Data Manager 119,250,000 119,250,000
(TFDM)...........................
National Air Space (NAS) Voice 14,000,000 14,000,000
Recorder Program (NVRP)..........
Integrated Terminal Weather System 2,100,000 2,100,000
(ITWS)...........................
Performance Based Navigation & 20,000,000 20,000,000
Metroplex Portfolio..............
---------------------------------
Subtotal Terminal Programs.... 522,695,000 578,250,000
c. Flight Service Programs
Aviation Surface Observation 10,976,000 10,000,000
System (ASOS)....................
Future Flight Services Program.... 10,100,000 10,100,000
Alaska Flight Service Facility 2,650,000 2,650,000
Modernization (AFSFM)............
Weather Camera Program............ 1,100,000 1,100,000
Juneau Airport Wind System (JAWS)-- 1,000,000 1,000,000
Technology Refresh...............
---------------------------------
Subtotal Flight Service 25,826,000 24,850,000
Programs.....................
d. Landing and Navigational Aids
Program
VHF Omnidirectional Radio Range 15,000,000 25,000,000
(VOR) Minimum Operating Network
(MON)............................
Wide Area Augmentation System 96,320,000 96,320,000
(WAAS) for GPS...................
Instrument Flight Procedures 1,400,000 1,400,000
Automation (IFPA)................
Runway Safety Areas--Navigational 2,000,000 2,000,000
Mitigation.......................
NAVAIDS Monitoring Equipment...... 3,000,000 3,000,000
Legacy Navigation Aids Portfolio.. 42,372,000 55,900,000
---------------------------------
Subtotal Landing and 160,092,000 183,620,000
Navigational Aids Programs...
e. Other ATC Facilities Programs
Fuel Storage Tank Replacement and 25,700,000 35,700,000
Management.......................
Unstaffed Infrastructure 51,050,000 56,050,000
Sustainment......................
Aircraft Related Equipment Program 13,000,000 26,000,000
Airport Cable Loop Systems-- 10,000,000 12,000,000
Sustained Support................
Alaskan Satellite 16,300,000 16,300,000
Telecommunications Infrastructure
(ASTI)...........................
Facilities Decommissioning........ 9,000,000 9,000,000
Electrical Power Systems--Sustain/ 140,834,000 150,400,000
Support..........................
Energy Management and Compliance 2,400,000 3,400,000
(EMC)............................
Child Care Center Sustainment..... 1,000,000 1,000,000
FAA Telecommunications 6,700,000 59,200,000
Infrastructure...................
Data Visualization, Analysis and 4,500,000 4,500,000
Reporting System (DVARS).........
TDM-to-IP Migration............... 3,000,000 38,000,000
---------------------------------
Subtotal Other ATC Facilities 283,484,000 411,550,000
Programs.....................
=================================
TOTAL ACTIVITY 2.......... 1,681,193,000 2,069,875,000
Activity 3--Non-Air Traffic Control
Facilities and Equipment:
a. Support Equipment
Hazardous Materials Management.... 29,800,000 29,800,000
Aviation Safety Analysis System 18,899,000 18,700,000
(ASAS)...........................
National Air Space (NAS) Recovery 12,200,000 12,000,000
Communications (RCOM)............
Facility Security Risk Management. 18,608,000 19,600,000
Information Security.............. 16,000,000 26,000,000
System Approach for Safety 25,400,000 25,400,000
Oversight (SASO).................
Aviation Safety Knowledge 6,000,000 6,000,000
Management Environment (ASKME)...
Aerospace Medical Equipment Needs 14,078,000 14,000,000
(AMEN)...........................
System Safety Management Portfolio 14,700,000 15,700,000
National Test Equipment Program... 5,000,000 5,000,000
Mobile Assets Management Program.. 2,216,000 3,200,000
Aerospace Medicine Safety 16,100,000 16,100,000
Information Systems (AMSIS)......
Tower Simulation System (TSS) 500,000 500,000
Technology Refresh...............
Logistics Support Systems and 7,100,000 7,100,000
Facilities (LSSF)................
Subtotal Support Equipment.... 186,601,000 199,100,000
b. Training, Equipment and Facilities
Aeronautical Center Infrastructure 14,298,000 14,000,000
Modernization....................
Distance Learning................. 1,000,000 1,000,000
---------------------------------
Subtotal Training, Equipment and 15,298,000 15,000,000
Facilities.......................
=================================
TOTAL ACTIVITY 3.......... 201,899,000 214,100,000
Activity 4--Facilities and Equipment
Mission Support:
a. System Support and Services
System Engineering and Development 38,000,000 39,700,000
Support..........................
Program Support Leases............ 47,000,000 47,000,000
Logistics and Acquisition Support 11,000,000 12,500,000
Services.........................
Mike Monroney Aeronautical Center 20,200,000 20,200,000
Leases...........................
Transition Engineering Support.... 17,000,000 22,000,000
Technical Support Services 23,000,000 28,000,000
Contract (TSSC)..................
Resource Tracking Program (RTP)... 6,000,000 8,000,000
Center for Advanced Aviation 57,000,000 57,000,000
System Development (CAASD).......
Aeronautical Information 6,819,000 5,000,000
Management Program...............
Cross Agency NextGen Management... 1,000,000 1,000,000
=================================
TOTAL ACTIVITY 4.......... 227,019,000 240,400,000
Activity 5--Personnel and Related
Expenses:
Personnel and Related Expenses.... 489,572,000 515,325,000
=================================
TOTAL ALL ACTIVITIES...... 2,766,572,000 3,250,000,000
------------------------------------------------------------------------
William J. Hughes Technical Center Infrastructure
Sustainment.--The Committee recommendation includes $15,000,000
for Technical Center Infrastructure Sustainment, an increase of
$3,000,000 above the budget request. The Committee urges FAA to
achieve energy improvements at the Center through strategic
replacement of glass and glazing in windows and doors with high
efficiency glass and glazing to reduce long-term energy
consumption and radiated heat/cooling loss. The FAA should
develop an efficiency plan to achieve energy efficiency gains
to the facility with a goal to reduce long-term operational
costs.
Low Altitude Authorization and Notification Capability.--
The Committee supports the safe integration of unmanned
aircraft system (UAS) into the National Airspace System (NAS)
and recognizes that Low Altitude Authorization and Notification
Capability (LAANC) for UAS operations in controlled airspace is
a necessary building block of UAS traffic management (UTM). To
accelerate these efforts, the bill includes $25,000,000 for
Unmanned Aircraft Systems activities within the Engineering,
Development, Testing, and Evaluation activity, an increase of
$11,000,000 above the budget request. LAANC is an important
step forward by replacing a 90-day manual review with a near-
real time review for commercial UAS operations in low altitude
controlled airspace that has been determined to be safe, which
creates jobs and grows local economies in airspace that was
previously restricted. LAANC leverages significant industry
investment by UAS Service Suppliers and provides the FAA with
critical data regarding UAS operations, essential for
integrating UAS in the NAS.
Enterprise, concept development, human factors and
demonstration.--The Committee recommends $19,500,000 for
Enterprise, Concept Development, Human Factors, &
Demonstrations Portfolio, which is a $10,000,000 increase above
the budget request. Within these amounts, $7,000,000 is to
expand the use of remote tower technology. The Committee
supports remote tower systems as a means to enhance safety,
reduce costs, and expand air traffic control services,
especially at lower activity airports. With infrared, moving
object tracking, and advanced technologies, remote towers have
the potential to improve safety margins and provide operational
benefits at night and in bad weather compared to conventional
towers. The FAA has a pilot program underway to certify this
technology for operation in the National Airspace System. Not
later than 30 days after enactment of this Act, the Committee
directs the FAA to expand the scope of the pilot program to
deploy remote tower systems to at least two airports in order
to provide air traffic control services from a single remote
tower center.
Next Generation Very High Frequency Air/Ground
Communications (NEXCOM).--The Committee recommendation includes
$60,000,000 for NEXCOM, an increase of $10,000,000 above the
budget request. This increase is included to provide Voice over
Internet Protocol (VOIP) upgrades to meet the requirements of
Segment 2 radios.
Spectrum Efficient National Surveillance Radar (SENSR).--
The Committee recommends that the FAA, as the lead agency in
the emerging joint Spectrum Efficient National Surveillance
Radar (SENSR) initiative, continue supporting the decision to
vacate the 1300-1350 MHz band and provide 50 MHz of spectrum
for FCC auctions. The Committee also urges the FAA's full
commitment to the ultimate goal of the SENSR program, which is
the recapitalization of the entire domestic and US protectorate
regions' radar infrastructure. Lastly, the Committee urges the
FAA and the other agencies involved in the SENSR auction to
continue to ensure that the proceeds from the Spectrum auction
will be used to support the intended SENSR vision of a combined
set of multi-Departmental missions.
NextGen Weather Processor.--The Committee recognizes that
the NextGen Weather Processor (NWP) provides valuable and cost
effective weather information for air traffic management
decision making that will significantly improve national
aviation safety. The National Airspace System (NAS) will
benefit from the implementation of the NWP system, particularly
for managing airspace experiencing severe weather events which
have significant financial and loss of life consequences. The
Committee also recognizes that additional funding for NWP in
FY19 will mitigate gaps in the NWP development plan and will
also allow the FAA to maximize the cost efficiencies, as well
as technical and operational skills, inherent in the use of the
existing development team. To derive these benefits, the
Committee recommendation includes $33,650,000, which is
$9,000,000 above the budget request, for the additional
software releases required to mitigate the three year gap
between the completion of the Work Package 1 software
development and the start of the Work Package 2 development
that currently exists in the FAA Capital Investment Plan (CIP).
Reduced Oceanic Separation.--The recommendation includes
$25,000,000 for reduced oceanic separation to enable reduced
separation in oceanic traffic, enable new air routes which will
increase airspace capacity, and reduce time for search and
rescue missions.
Terminal airport traffic control facilities replace.--The
Committee is concerned that there are some contract towers that
are more than 40 years of age, are non-compliant with OSHA
standards, and have line of sight issues that threaten air
traffic control and passenger safety. The Committee directs the
FAA to conduct assessments of these towers and report back to
the Committee within 90 days of enactment.
Financing long-term capital investment projects.--The
Committee is interested in innovative financing instruments
that could accelerate funding for major capital projects,
whether for modernization of air traffic control systems or
improvement or replacement of air traffic control facilities.
Borrowing authority could provide a means to make significant
investments for major long-term capital needs with predictable,
stable expenditures over time. The Committee directs the FAA to
evaluate options financing long-term capital investments and
report its findings and recommendations to the House and Senate
Committees on Appropriations no later than 120 days after
enactment of this Act.
VHF Omnidirectional Radio Range (VOR) with Distance
Measuring Equipment (DME).--The Committee recommendation
includes $25,000,000 for VHF Omnidirectional Radio Range (VOR)
with Distance Measuring Equipment (DME), an increase of
$10,000,000 above the budget request to continue FAA's efforts
to address the rationalization and recapitalization of aging
infrastructure of en route navigational aids through a service
base contract. For several years, the Committee has provided
additional resources and explicit direction to the FAA to move
forward with this important initiative. Although the FAA has
conducted two market surveys, there is no indication that the
agency is on a path to meeting the Committee's timeline and
objectives. The Committee directs the FAA to report on progress
to date and on their plan for accomplishing this directed
action to the House and Senate Committees on Appropriations
within 120 days of enactment.
Wide Area Augmentation System (WAAS).--The Committee
continues to be concerned that the FAA's WAAS ground based
infrastructure will not be ready to work with the new GPS III
constellation's dual frequency capability. The Committee also
understands that WAAS DFO Segment 2 is not to begin acquisition
until 2019. The Committee understands that these efforts were
to be accomplished in WAAS DFO Segment 2, which will develop
and implement the new algorithms and integrity validation for
the new dual frequency enhancement to this safety-of-life
application. To mitigate risk associated with the GPS-III
schedule delays combined with reduction in access to original
engineers over time, the committee recommends that the FAA
expand WAAS DFO Segment 1 scope to begin modeling and
prototyping of the new algorithms using all available original
WAAS development expertise. The Committee directs the FAA to
provide an update report on the status of accomplishing these
directed actions within 90 days after passage of this
legislation.
Telecommunications Infrastructure.--The Committee
recommendation includes $59,200,000 FAA Telecommunications
Infrastructure, which is $52,500,000 above the budget request.
The Committee directs the FAA to use a portion of this
additional funding, as well as the funds provided for this
budget line item in fiscal year 2018, to update security
equipment to meet new cyber threats and upgrade capacity for
the NAS Enterprise Security Gateway (NESG). The NESG provides
cybersecurity boundary protection for SWIM and the national
airspace system. This level of funding will complete the
technical refresh and capacity upgrade of the NESG platform.
Time Division Multiplexing (TDM)-to-Internet Protocol (IP)
Migration.--The Committee recommendation provides $38,000,000
for TDM-to-IP migration, which is $35,000,000 above the budget
request. Major commercial telecommunications carriers have
stated their intention to discontinue TDM-based services as
early as 2020. The potential impact to FAA is significant as
approximately 90 percent of air traffic telecommunications
services are TDM-based, including radar, navigation aids, and
weather instruments. While NextGen and other modernization
programs will field new technology with IP interfaces, most
legacy systems will continue with TDM access. Of the funds
provided in the Committee recommendation, $35,000,000 is only
to provide FTI services to convert an additional approximately
400 FAA locations from TDM to IP with Ethernet.
Aviation Safety Information Analysis and Sharing.--The
Committee commends the FAA for the collaborative government-
industry Aviation Safety Information Analysis and Sharing
(ASIAS) whose mission is to proactively discover and mitigate
emerging safety issues, before they result in an incident or
accident. The Committee appreciates this collaborative
initiative that has resulted in the implementation of safety
enhancements that have improved our nation's aviation safety.
The Committee directs the FAA to accelerate the ASIAS
capabilities, including Fusion, next generation of ASIAS
architecture, and expanding General Aviation safety elements.
Within 180 days of the enactment of this legislation, the FAA
shall provide a report to Congress on the status of ASIAS
capability acceleration.
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 2018....................... $188,926,000
Budget request, fiscal year 2019...................... 74,406,000
Recommended in the bill............................... 180,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -8,926,000
Budget request, fiscal year 2019.................. +105,594,000
This appropriation provides funding for long-term research,
engineering, and development programs to improve the air
traffic control system and to raise the level of aviation
safety, as authorized by the Airport and Airway Improvement Act
and the Federal Aviation Act. The appropriation also finances
the research, engineering, and development needed to establish
or modify federal air regulations.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $180,000,000 for
FAA's research, engineering, and development programs, which is
$8,926,000 less than the enacted level and $105,594,000 above
budget request.
The recommendation rejects the proposal to dramatically
reduce research, evaluation and demonstration activities for
aviation. The Committee recommendation supports the current
level of research personnel at research facilities and
continues funding for critical research activities associated
with aviation safety, the integration of UAS into the airspace,
airplane noise mitigation, and the advancement of commercial
space applications. The Committee also notes that the Federal
investment in aviation research is complemented by private
sector participation at FAA research facilities, test sites,
and Centers of Excellence, and provides funding to continue to
support these stakeholder partnerships.
The Committee recommendation includes the following funding
levels for research, engineering, and development programs.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Fire Research & Safety.............. $4,867,000 $7,200,000
Propulsion & Fuel Systems........... 555,000 3,295,000
Advanced Materials/Structural Safety 2,300,000 4,824,000
Aircraft Icing/Digital System Safety/ 7,684,000 9,673,000
Aircraft Cyber.....................
Continued Air Worthiness............ 4,969,000 11,269,000
Aircraft Catastrophic Failure - - - - - -
Prevention Research................
Flightdeck/Maintenance/System 5,052,000 7,546,000
Integration Human Factors..........
Safety System Management............ 799,000 6,381,000
Air Traffic Control/Technical 1,436,000 6,091,000
Operations Human Factors...........
Aeromedical Research................ 3,875,000 11,003,000
Weather Research.................... 6,580,000 15,216,000
Unmanned Aircraft Systems Research.. 3,318,000 8,318,000
NextGen--Alternative Fuels for - - - 1,900,000
General Aviation...................
Commercial Space.................... 2,500,000 5,262,000
Total Safety.................... 43,935,000 97,978,000
NextGen--Wake Turbulence............ 3,519,000 8,019,000
NextGen--Air Ground Integration..... 1,336,000 7,949,000
NextGen--Weather Technology in the 1,525,000 5,860,000
Cockpit............................
NextGen Information Security........ 1,232,000 3,000,000
NextGen--Flight Data Exchange....... 1,035,000 2,628,000
Total Economic Competiveness.... 8,647,000 27,456,000
Environment & Energy................ 11,588,000 18,013,000
NextGen Environmental Research-- 7,578,000 29,174,000
Aircraft Technologies, Fuels and
Metrics............................
Environmental Sustainability.... 19,166,000 47,187,000
System Planning and Resource 1,480,000 2,808,000
Management.........................
WJHTC Lab Facilities................ 1,178,000 4,571,000
Mission Support................. 2,658,000 7,379,000
Total....................... 74,406,000 180,000,000
------------------------------------------------------------------------
Unmanned Aircraft Systems Research.--The Committee
recommendation includes $8,318,000 for Unmanned Aircraft
Systems Research, an increase of $5,000,000 above the budget
request to support research and development activities to
accelerate the safe integration of UAS into the national
airspace.
Accelerating UAS Traffic Management.--The Committee
believes that an unmanned aircraft system (UAS) traffic
management (UTM) network is critical to safe integration in the
National Airspace System (NAS) and innovative uses of beyond
visual line of sight drone operations, such as package
delivery, infrastructure inspections, and precision
agriculture. Unlike crash avoidance and flight planning, UTM
will allow for the active management of UAS at the volume of
operations expected. The Committee is concerned that FAA is not
acting with sufficient urgency to meet its statutory
obligations under Section 2208 of the FAA Extension, Safety,
and Security Act of 2016 (Public Law 114-190) to develop a UTM
research plan and establish a pilot program. The nationwide Low
Altitude Authorization and Notification Capability (LAANC)
program and a UTM pilot program are both essential building
blocks to enable states and regions to establish UTM networks.
Therefore, NASA and the FAA shall submit the research plan
required under Section 2208 by September 30, 2018 and
demonstrate pilot program use cases by December 31, 2018. Upon
completion of the demonstration project, pilot program research
and development shall be transferred to the FAA Air Traffic
Organization so that all UTM development efforts are
consolidated and industry UAS Service Suppliers can build and
deploy a UTM network.
Counter unmanned aircraft systems.--The Committee
recommends that FAA promote research and demonstration
activities for counter unmanned aircraft systems (CUAS) to
protect airports and the national airspace (NAS) as the FAA
accelerates its efforts to safely integrate UASs into the
national airspace. The Committee believes that the successful
integration of these capabilities to identify, monitor and
track the UAS and UAS handset operator; differentiate between
authorized and unauthorized UASs; capable of identifying the
specific signature of the UAS and UAS handset; operate in a
completely passive mode and not interfere with existing
aviation, civilian or commercial communications systems; and
non-kinetic will help protect U.S. airports and the NAS from
errant or nefarious drone operators. CUAS capabilities will
allow the FAA to protect airport operations, navigation, air
traffic services and provide for the safe and efficient
operation of the national airspace system.
UAS test sites.--The Committee recognizes the critical and
unique role the FAA UAS Test Sites serve in perpetuating
technology innovations through safety and operational needs to
safety integrate in the national airspace. As such, the test
sites must be on the forefront of the technology and the
adoption thereof. Therefore, the Committee recommends the FAA
grant specific beyond visual line of sight (BVLOS) authority.
UAS firefighting interference.--The Committee directs FAA
to utilize its test sites, research efforts, and pilot programs
to develop systems to detect and mitigate unauthorized UAS that
interfere with firefighting efforts in our nation. The system
should detect, identify and track both the air vehicle and
ground controller; must be controlled by an entity that is
independent from and would not be dependent on compliance by
the UAS manufacturer or the UAS user/operator; would have the
capability to adapt to fluid borders; differentiate between
legitimate firefighting UAS and unauthorized UAS; and not
interfere with essential first responder communications
systems. The Committee directs FAA to report on these efforts
no later than 120 days after enactment of this Act.
Alternative fuels for general aviation.--The Committee
provides $1,900,000 for alternative fuels for general aviation.
This program received $7,000,000 in fiscal year 2018 and is
proposed for elimination in the budget request. Funds are
provided to complete the testing and certification activities
under the current test program and support the current
personnel required for operations and equipment needs of the
lab.
NextGen, Environmental Research-Aircraft Technologies,
Fuels, and Metrics.--The recommendation includes $29,174,000
for NextGen, Environmental Research-Aircraft Technologies,
Fuels, and Metrics, the same as the enacted level and an
increase of $20,156,000 above the budget request. This program
supports efforts to reduce the impacts associated with aviation
noise and exhaust emissions and increasing energy efficiency
and availability. This program utilizes the Center of
Excellence (COE) to discover, analyze, and develop science-
based solutions to the energy and environmental challenges
facing the aviation industry. Funding for this activity will
advance the goal of developing and operating an aviation system
that improves aviation's energy and environmental position,
does not constrain growth, and improves sustainability.
The Committee recognizes that great strides in the safety
of our airspace have been made possible by the presence of two
well-trained, qualified pilots in our commercial aircraft.
Funds made available in this Act to study alternative crew
compliments for flight decks in commercial operations should
prioritize the safety effects relative to two-person flights.
This direction is not intended to limit FAA's research and
development activities related to unmanned aerial vehicles.
GRANTS-IN-AID FOR AIRPORTS
(LIMITATION ON OBLIGATIONS)
------------------------------------------------------------------------
Liquidation of
contract Limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year 2018... $3,000,000,000 $3,350,000,000
Budget request, fiscal year 2019.. 3,000,000,000 3,350,000,000
Recommended in the bill........... 3,000,000,000 3,350,000,000
Bill compared to:
Appropriation, fiscal year - - - - - -
2018.............................
Budget request, fiscal year - - - - - -
2019.............................
------------------------------------------------------------------------
The bill includes a liquidating cash appropriation of
$3,000,000,000 for grants-in-aid for airports, authorized by
the Airport and Airway Improvement Act of 1982, as amended,
which is the same as the fiscal year 2018 level and the same as
the budget request. This funding provides for liquidation of
obligations incurred pursuant to contract authority and annual
limitations on obligations for grants-in-aid for airport
planning and development, noise compatibility and planning, the
military airport program, reliever airports, airport program
administration, and other authorized activities.
LIMITATION ON OBLIGATIONS
The bill includes a limitation on obligations of
$3,350,000,000, which is the same as both the fiscal year 2018
enacted level and the budget request.
Foreign object detection.--The Committee understands the
concerns and annual costs associated with foreign object debris
FOD and pavement damage on the aviation industry and supports
the implementation of policy for the detection and mitigation
of FOD and pavement damage at all air carrier airport
locations. The Committee commends the FAA on developing
baseline standards for technologies that help guide the air
transport community in their procurement of FOD detection
devices and encourages the FAA to continue working with
industry to identify new technologies as they continue to
evolve concerning the detection and mitigation of FOD and
pavement damage. As the FAA continues analyzing such advanced
automated technologies, the Committee believes there may be
value in identifying whether these techniques can replace the
manual inspection requirements currently mandated in FAA policy
and CFR Part 139. The Committee directs the FAA Administrator
to provide a report no later than 180 days after the enactment
of this Act on the use of automated technologies that could
serve as a viable replacement to manual inspections currently
required by law for airport certification under CFR Part 139.
Sound insulation.--The Committee continues to be concerned
about the impacts of airplane noise on human health and the
standard of living of residents impacted by airplane noise.
FAA's criteria for federally funded sound insulation should not
limit this important tool for airports to address community
concerns about noise impacts. The Committee strongly encourages
the FAA to provide airports with flexibility and to expand
eligibility where appropriate and permit second round
insulation to account for subsequent improvements in
technology.
ADMINISTRATION AND RESEARCH PROGRAMS
Airport administrative expenses.--Within the overall
obligation limitation, the bill includes $112,600,000 for the
administration of the airports program by the FAA. This funding
level is $737,000 above the fiscal year 2018 enacted level and
the same as the budget request.
Airport cooperative research program (ACRP).--The
recommendation includes $15,000,000, which is the same as the
fiscal year 2018 enacted level and the budget request. The ACRP
identifies shared problem areas facing airports that can be
solved through applied research but are not adequately
addressed by existing federal research programs.
Airport technology research.--The Committee recommendation
includes a minimum of $33,194,000 for the FAA's airport
technology research program, which is $16,000 below the fiscal
year 2018 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.
Airport agreements review.--The Government Accountability
Office is directed to review the security implications of the
use of FAA airport funds for contractual agreements with
foreign-owned, directed, or subsidized companies that have been
determined by a U.S. Federal court, once all appeals are final,
to have misappropriated intellectual property and trade secrets
from a United States company. The review should also evaluate
the FAA's processes to evaluate and mitigate such risks.
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.
GRANTS IN AID TO AIRPORTS
Appropriation, fiscal year 2018....................... $1,000,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -500,000,000
Budget request, fiscal year 2019.................. +500,000,000
The Committee recommendation includes $500,000,000 in
discretionary funding for additional grants for airport
infrastructure. This is $500,000,000 below the fiscal year 2018
enacted level and $500,000,000 above the budget request. These
grants are to be allocated to high priority airport projects on
a competitive basis. The recommendation includes a provision to
provide reimbursements to airports affected by Temporary Flight
Restrictions (TFRs).
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 2019.
Section 111. The Committee retains a provision prohibiting
FAA from requiring airport sponsors to provide the agency
`without cost' building construction, maintenance, utilities
and expenses, or space in sponsor-owned buildings, except in
the case of certain specified exceptions.
Section 112. The Committee continues a provision allowing
reimbursement for fees collected and credited under 49 U.S.C.
45303.
Section 113. The Committee continues a provision allowing
reimbursement of funds for providing technical assistance to
foreign aviation authorities to be credited to the operations
account.
Section 114. The Committee continues a provision
prohibiting FAA from paying Sunday premium pay, except in those
cases where the individual actually worked on a Sunday.
Section 115. The Committee continues a provision
prohibiting FAA from using funds to purchase store gift cards
or gift certificates through a government-issued credit card.
Section 116. The Committee continues a provision that
requires approval from the Deputy Assistant Secretary for
Administration of the Department of Transportation for
retention bonuses for any FAA employee.
Section 117. The Committee continues a provision that
requires the Secretary to block the display of an owner or
operator's aircraft registration number in the Aircraft
Situational Display to Industry program, upon the request of an
owner or operator.
Section 118. The Committee continues a provision that
limits the number of FAA political appointees to eight.
Section 119. The Committee continues a provision that
prohibits funds for any increase in fees for navigational
products until FAA has reported a justification for such fees
to the House and Senate Committees on Appropriations.
Section 119A. The Committee continues a provision that
requires FAA to notify the House and Senate Committees on
Appropriations at least 90 days before closing a regional
operations center or reducing the services it provides.
Section 119B. The Committee continues a provision
prohibiting funds to change weight restrictions or prior
permission rules at Teterboro Airport in Teterboro, New Jersey.
Section 119C. The Committee includes a provision setting
requirements for the Contract Tower program.
Section 119D. The Committee includes a provision that
requires FAA to take certain actions related to organization
delegation authorization.
Section 119E. The Committee includes a provision that
prohibits FAA from excluding funding for certain structures
from the Airport Improvement Program.
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.
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2018....................... $442,691,925
Budget request, fiscal year 2019...................... 449,692,304
Recommended in the bill............................... 449,692,304
Bill compared with:
Appropriation, fiscal year 2018................... +7,000,379
Budget request, fiscal year 2019.................. - - -
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 $449,692,304, including $3,248,000
transferred to the Appalachian Regional Commission. The
recommendation is $7,000,379 above the enacted level, and the
same as the budget request.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
[In thousands of dollars]
----------------------------------------------------------------------------------------------------------------
Fiscal year 2018 Fiscal 2019
Program enacted request Recommended
----------------------------------------------------------------------------------------------------------------
Federal-aid highways (obligation limitation)........... $44,234,212 $45,268,596 $45,268,596
Exempt contract authority.............................. 739,000 739,000 739,000
Total program level................................ 44,973,212 46,007,596 46,007,596
----------------------------------------------------------------------------------------------------------------
The federal-aid highways program is designed to aid in the
development, operations, and management of an intermodal
transportation system that is economically efficient and
environmentally sound, to provide the foundation for the nation
to compete in the global economy, and to move people and goods
safely.
Federal-aid highways and bridges are managed through a
federal-state partnership. States and localities maintain
ownership of and responsibility for the maintenance, repair and
new construction of roads. State highway departments have the
authority to initiate federal-aid projects, subject to FHWA
approval of the plans, specifications, and cost estimates. The
federal government provides financial support, on a
reimbursable basis, for construction and repair through
matching grants.
Programs included within the federal-aid highways program
are financed from the highway trust fund. The federal-aid
highways program is funded by contract authority, and
liquidating cash appropriations are subsequently provided to
fund outlays resulting from obligations incurred under contract
authority. The Committee sets, through the annual
appropriations process, an overall limitation on the total
contract authority that can be obligated under the program in a
given year.
COMMITTEE RECOMMENDATION
The Committee recommends a total program level of
$46,007,596,000 for the regular federal-aid highways program in
fiscal year 2019. This amount is $1,034,384,000 above the
fiscal year 2018 enacted level and the same as the budget
request. Included within the recommended amount is an
obligation limitation of $45,268,596,000 and $739,000,000 in
contract authority that is exempt from the obligation
limitation.
Permeable Pavements.--The Committee encourages the
Secretary to accelerate research, demonstration, and deployment
for permeable pavements to achieve flood mitigation, pollutant
reduction, stormwater runoff reduction, and conservation. The
Committee encourages the Secretary to conduct comprehensive
life cycle cost analyses of permeable pavements compared to
non-permeable pavements. The Committee encourages the Secretary
to conduct full-scale load testing to establish structural
design methods for permeable pavements to enhance roadway
stormwater mitigation and flood reduction. The Secretary should
make findings of this research available to state and local
departments of transportation.
Structurally deficient bridges.--The Committee is concerned
with the large number of structurally deficient bridges in the
U.S. and recognizes that corrosion is a leading cause of bridge
failure. The committee also recognizes that the use of industry
best practices in corrosion planning and prevention can greatly
lengthen the life cycle of a bridge, saving taxpayer money, and
protecting public safety and the environment. Therefore, the
Committee directs the Secretary to consult with state
transportation departments to ensure that contractors and
subcontractors hired for bridge construction, alteration, or
maintenance projects using federal taxpayer money, other than
those involving minor repair work, are utilizing industry best
practices to prevent, mitigate, and control corrosion. Industry
best practices include surface preparation, protective
coatings, materials selection, cathodic protection, corrosion
engineering, and personnel training. The Secretary should
ensure that state departments of transportation are using
qualified contractors and subcontractors capable of meeting
industry best practices in the prevention of corrosion in
bridge projects. The employment of appropriately trained
applicator specialists, the use of certified cathodic
protection specialists, and the use of industry-certified
coatings and cathodic protection inspectors can improve the
chances that best practices are followed. The Secretary shall
report to the House and Senate Committees on Appropriations,
the House Transportation and Infrastructure Committee, and the
Senate Environment and Public Works Committee within one year
of enactment of this Act on the status of corrosion control
planning by state departments of transportation and corrosion
control best practice requirements in state regulations and bid
specifications for bridge projects using federal funding. The
Secretary shall also report on what steps have been taken, in
consultation with state departments of transportation, to
ensure that contractors and subcontractors hired for bridge
construction are qualified and utilizing industry best
practices to prevent, mitigate, and control corrosion.
The Committee is also concerned about the demands being
placed on structurally deficient bridges. The June 2015
Comprehensive Truck Size and Weight Technical Reports Summary
found that 4,845 bridges would need to be strengthened or
replaced to handle the additional stress if federal truck
weights were increased to 91,000 pounds. A significant increase
in federal truck size could create greater funding needs and
cost implications should be weighed by the Department and
Congress before any change in national policy is considered.
Alternative fuel corridors.--The FAST Act required the
Secretary to designate national electric vehicle charging,
hydrogen, propane, and natural gas fueling corridors within one
year from the date of enactment. Additionally, the FAST Act
required DOT to submit a report to Congress, which identifies
charging and fueling infrastructure and an analysis of the
standardization needs for fuel providers and purchasers with
the goal of achieving strategic deployment of fueling
infrastructure in the designated corridors by the end of 2020.
The Committee urges FHWA to proactively work with the States to
ensure steady progress is made in achieving this goal. The
Committee directs FHWA to provide a report to the House and
Senate Committees on Appropriations on the status of fueling
infrastructure deployment within 180 days of enactment.
Advanced digital construction management systems.--The
Committee supports the technology and innovation deployment
program's efforts to improve the safety, efficiency,
reliability, and performance of our transportation
infrastructure. There is a growing need to accelerate the
adoption of best practices, technologies, and materials that
lead to faster construction and cost-effective rehabilitation
of highway infrastructure. The Committee directs the Secretary
to prioritize demonstrations and deployments of advanced
digital construction management systems when awarding funding
under the technology and innovation deployment program.
Smart infrastructure research.--The Committee recognizes
the importance of building advanced infrastructure to meet the
needs of the 21st Century and encourages the Department to
prioritize resources provided in this Act toward smart
infrastructure and smart infrastructure research. In order to
ensure that infrastructure incorporates advanced sensor and
other smart technologies, the Department is also encouraged to
engage with the nation's research community.
Connected, Automated Vehicles and Infrastructure Systems
(CAVIS) research and deployment.--Over the past few years,
various elements of CAVIS have been developed on a limited
basis in controlled environments to test systems for collision
avoidance or signal preemption for emergency vehicles. While
such efforts in proving grounds and test facilities are
valuable, the full benefits of this technology will be realized
when integrated CAVIS are broadly deployed into real-world
environments. This will translate into improved safety,
mobility, and commerce for many communities across the country.
The Committee supports the planned transition of this
technology into real world settings in partnership with
federal, state and local agencies, academic institutions and
the private sector. The Committee encourages DOT to include
small and medium sized communities in this plan, especially in
states that have developed state-supported, mobile platform
traffic applications for the public that could be integrated
into CAVIS systems.
Since several automation systems with near-term deployment
opportunity are focused on commercial vehicles, the greatest
research need may be in the heavy trucking industry including
the impact of autonomous vehicle systems on pavement
performance. As advanced driver automation systems technologies
grow, timely research is needed to study how these systems will
affect many aspects of highway freight transportation including
cognitive responses of drivers, driver fatigue, hardware/
software reliability and functionality, and pavement
performance. Researchers have only recently identified a
potential problem where pavement service life is significantly
reduced due to autonomous vehicle systems. Automated systems
may increase stress concentrations on pavements should vehicles
drive in less random travel paths within highway lanes. The
Committee encourages the Department to include research on the
potential impact of autonomous vehicles, particularly
commercial vehicles, on pavement performance in its research
plans.
Recycled materials.--Recycled materials help the
environment and provide a cost-effective alternative. The
Fixing America's Surface Transportation Act (FAST Act) requires
the Secretary to encourage the use of durable and sustainable
materials and the Committee continues to encourage FHWA to
fulfill these objectives by working collaboratively with the
Expert Task Group, the American Association of State Highway
and Transportation Officials, and industry stakeholders in
developing revised standards that allow for the maximum use of
recycled materials without detrimental impact to life cycle
cost.
Commercial roads in the Appalachian Development Highway
System (ADHS).--The Committee encourages FHWA to work with
relevant state departments of transportation in Appalachia to
ensure that construction and repair projects are prioritized
for roads of critical commercial importance in the ADHS. ADHS
funding in central Appalachia supports high priority
transportation assets like the Coalfields Expressway that are
especially critical because they open up portions of multiple
ADHS states.
Border state infrastructure.--The Department of
Transportation shall encourage states using federal funds
designated for border state infrastructure to ensure
participation of city and county governments along the U.S.-
Mexico border in project selection processes.
Transportation infrastructure and military installations.--
Since the passage of the Federal-Aid Highway Act of 1956 (P.L.
84 627), investments in transportation infrastructure have been
directly tied to supporting national defense. Access to and
from military installations continues to impact operations and
local communities. The Committee strongly encourages the
Secretary to work with the Secretary of Defense to assess the
transportation infrastructure that supports access to and from
domestic military installations and to develop a strategy for
addressing opportunities to improve base access and egress in
order to minimize negative impacts to local communities and
national security.
Critical commerce corridors.--The Committee believes
critical commerce corridors (CCC), an authorized use of funds
in the nationally significant freight and highway projects
program, can improve our economic efficiency, reduce travel
times, and promote safe travel on our nation's roads and
highways. CCCs create a barrier on existing highways,
physically separating lanes dedicated for heavy commercial
trucks from lanes dedicated for passenger vehicles. The
Committee encourages DOT to strongly consider applications for
the creation of CCCs when awarding grants to individual states.
Ohio River crossings.--The Committee encourages the
Department to work with relevant state departments of
transportation to complete unfinished sections of critical
interstate corridors, such as Interstate 69, and address
capacity constraints at Ohio River crossings along these routes
to create a continuous transportation network from Canada to
Mexico that will facilitate international trade and spur
economic development.
Infrastructure for Rebuilding America (INFRA) and freight
transportation.--The Committee believes that funding for
transportation projects that impact the national highway
freight network should be a high priority. The Committee
encourages the Secretary of Transportation to prioritize
funding requests that advance construction of freight networks,
improve multi-state connectivity, and address freight
congestion. Major freight corridors, like Corridor 18, improve
economic efficiency, advance exports and imports, increase the
efficiency of national and international freight movement,
promote economic growth on a regional and national basis, and
increase employment. In addition, the Committee expects the
Secretary to prioritize INFRA funding awards to projects that
are within the boundaries of seaport facilities in metropolitan
areas and the intermodal connectors serving those facilities in
order to accommodate the increasing flows of commerce.
Enhanced road maintenance.--Emerging evidence suggests that
stormwater runoff from federal highways has a significant
effect on water quality. Relatively straightforward control
options, including enhanced road maintenance and pavement
sweeping, have been shown to be effective at correcting this
problem but have only been tested at small scales. The
Committee encourages the Department to study the effectiveness
of enhanced road maintenance and street sweeping to mitigate
the impacts of nonpoint source pollution on our waterways.
Twin-trailer truck length.--The Committee urges the
Department to promptly report to the committees of jurisdiction
any updated findings on the impact of increasing the length of
twin-trailers from 28 feet to 33 feet.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2018....................... $44,973,212,000
Budget request, fiscal year 2019...................... 46,007,596,000
Recommended in the bill............................... 46,007,596,000
Bill compared with:
Appropriation, fiscal year 2018................... +1,034,384,000
Budget request, fiscal year 2019.................. - - -
COMMITTEE RECOMMENDATION
The Committee recommends a liquidating cash appropriation
of $46,007,596,000, which is $1,034,384,000 above the enacted
level and the same as the budget request. This is the amount
required to pay the outstanding obligations of the highway
program at levels provided in this Act and prior appropriations
Acts.
Highway Infrastructure Programs
Appropriation, fiscal year 2018....................... $2,525,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 4,204,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +1,679,000,000
Budget request, fiscal year 2019.................. +4,204,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $4,204,000,000 from the general
fund for Highway Infrastructure Programs, which is
$1,679,000,000 more than the fiscal year 2018 enacted level and
$4,204,000,000 more than the budget request. Of the total
amount provided, $3,765,500,000 is for road and bridge projects
eligible under the surface transportation block grant program,
$30,800,000 is for the Puerto Rico highway program, $7,700,000
is for the territorial highway program, $250,000,000 is for
projects eligible under the highway safety improvement program,
$50,000,000 is for the tribal transportation program, and
$100,000,000 is for the nationally significant federal lands
and tribal projects program.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes obligation authority among federal-
aid highway programs.
Section 121 credits funds received by the Bureau of
Transportation Statistics to the federal-aid highways account.
Section 122 provides requirements for any waiver of the Buy
America Act.
Section 123 requires congressional notification before the
Department provides credit assistance under the TIFIA program.
Section 124 requires 60-day notification to the Committees
on Appropriations of any grants as authorized under 23 U.S.C.
117.
Section 125 allows state DOTs to repurpose certain highway
project funding to be used within 50 miles of its original
designation.
Section 126 modifies title 23 to amend federal truck weight
exemptions in the State of Kentucky.
Section 127 modifies title 23 to amend federal truck weight
exemptions for trucks powered by natural gas and electricity.
Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) was
established within the Department of Transportation (DOT) by
Congress through the Motor Carrier Safety Improvement Act of
1999. FMCSA's mission is to promote safe commercial motor
vehicle operations and reduce truck and bus crashes. FMCSA
works with federal, state, and local entities, the motor
carrier industry, highway safety organizations, and the public
to further its mission.
FMCSA resources are used to prevent and mitigate commercial
vehicle accidents through regulation, enforcement, stakeholder
training, technological innovation, and improved information
systems. FMCSA also is responsible for enforcing federal motor
carrier safety and hazardous materials regulations for all
commercial vehicles entering the United States along its
southern and northern borders.
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of contract Limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year $283,000,000 ($283,000,000)
2018.......................
Budget request, fiscal year 284,000,000 (284,000,000)
2019.......................
Recommended in the bill..... 284,000,000 (284,000,000)
Bill compared with:
Appropriation, fiscal +1,000,000 (+1,000,000)
year 2018..................
Budget request, fiscal - - - (- - -)
year 2019..................
------------------------------------------------------------------------
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 $284,000,000 in liquidating cash
for motor carrier safety operations and programs. The Committee
also recommends limiting obligations from the highway trust
fund to $284,000,000 for motor carrier safety operations and
programs in fiscal year 2019. These levels are $1,000,000 above
the fiscal year 2018 enacted level and the same as the budget
request.
The Committee continues bill language specifying funding
amounts for the research and technology program and for
information management.
Bus lease and interchange rule.--The bill includes a
provision which prohibits funds from being used to enforce the
final rule published on May 27, 2015, entitled ``Lease and
Interchange of Vehicles; Motor Carriers of Passengers.'' FMCSA
has repeatedly extended the compliance deadline without any
evidence of progress in resolving outstanding issues with this
flawed rule. The Committee therefore prohibits funds for
enforcement of the rule and directs the Agency to take
necessary actions to rescind or replace it.
30-minute rest period exemptions.--The 30-minute rest
period appropriately seeks to protect safety by ensuring that
drivers are not driving more than eight hours without a thirty-
minute, non-driving rest period. FMCSA has granted a number of
exemptions to these regulations without compromising safety in
order to meet the needs of specific industries. Drivers that
make multiple stops throughout the day and are working during
those non-driving periods, including the loading and unloading
of products to be delivered, are experiencing routine breaks
from driving while performing on-duty activities. When
evaluating exemption requests, the Committee encourages FMCSA
to consider: (1) the safety benefits of making routine stops
during the day, (2) the safety benefits of drivers remaining
physically active during non-driving periods, and (3) the
safety implications of adding additional vehicle miles operated
to the road if exemptions are not granted.
Electronic logging devices.--The Committee is concerned
about the way the implementation of mandatory electronic
logging devices (ELDs) is impacting the trucking industry and
those that depend on it. The Committee urges the Department to
review the implementation of these devices and report to the
House and Senate Committees on Appropriations on how they will
account for concerns from the industry with the implications
for drivers. That report should address the need to stop in
proximity to destinations, rest area availability, and how the
Department will work with state and local partners on
enforcement. Finally, the report should include recommendations
on how the Department can better implement ELDs to prevent a
disruption to the many industries that depend on commercial
trucks for the movement of freight and goods.
Transponder-based weigh station technology.--The Committee
reaffirms the commitment to performance standards regarding the
core commercial vehicle information systems network requirement
for transponder-based electronic screening and is concerned
about any lowering of those performance standards to meet core
innovative technology deployment requirements. The Committee
directs FMCSA to study what effect replacing transponder
systems with license plate readers would have on efficiency and
safety and report its findings to the House and Senate
Committees on Appropriations no later than 3 months from the
date of enactment of this Act.
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of contract limitation on
authorization obligations
------------------------------------------------------------------------
Appropriation, fiscal year $561,800,000 ($561,800,000)
2018.......................
Budget request, fiscal year 381,800,000 (381,800,000)
2019.......................
Recommended in the bill..... 381,800,000 (381,800,000)
Bill compared with:
Appropriation, fiscal -180,000,000 (-180,000,000)
year 2018..................
Budget request, fiscal - - - - - -
year 2019..................
------------------------------------------------------------------------
FMCSA's motor carrier safety grants are used to support
compliance reviews in the states, identify and apprehend
traffic violators, conduct roadside inspections, and conduct
safety audits of new entrant carriers. Additionally, grants are
provided to states for improvement of state commercial driver's
license oversight activities.
COMMITTEE RECOMMENDATION
The Committee recommends $381,800,000 in liquidating cash
for this program, as well as a $381,800,000 limitation on
obligations, in fiscal year 2019. These levels are $180,000,000
below the fiscal year 2018 enacted level and the same as the
budget request.
The Committee recommends the following obligation
limitations for grants funded under this account:
Motor carrier safety assistance program.............. ($304,300,000)
High priority activities program..................... (44,000,000)
Commercial motor vehicle operator grants program..... (1,000,000)
Commercial driver's license program implementation (32,500,000)
program.............................................
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or some
other manner of delivery that records receipt of the notice by
the persons responsible for the violations.
Section 131 prohibits funds from being used to enforce the
requirements of section 31137 of title 49, or any regulation
pursuant to such section, with respect to carriers transporting
livestock or insects.
Section 132 prohibits funds from being used to implement,
enforce, or otherwise make effective a rule related to the
lease and interchange of vehicles by motor carriers of
passengers.
Section 133 clarifies the preemption of certain state and
local laws and regulations by federal laws and regulations
related to motor carriers, and makes such preemption
retroactive to the date of enactment of the Federal Aviation
Administration Authorization Act of 1994 (Public Law 103-305).
Section 134 adds an exemption to truck length restrictions
for certain agricultural carriers on specific routes in the
State of Oregon.
National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration (NHTSA)
was established in March of 1970 to administer motor vehicle
and highway safety programs. It was the successor agency to the
National Highway Safety Bureau, which was housed in the Federal
Highway Administration.
NHTSA's mission is to save lives, prevent injuries, and
reduce economic costs due to road traffic crashes through
education, research, safety standards, and enforcement
activity. To accomplish these goals, NHTSA establishes and
enforces safety performance standards for motor vehicles and
motor vehicle equipment, investigates safety defects in motor
vehicles, and conducts research on driver behavior and traffic
safety.
NHTSA provides grants and technical assistance to state and
local governments to enable them to conduct effective local
highway safety programs. Together with state and local
partners, NHTSA works to reduce the threat of drunk, impaired,
and distracted drivers, and to promote policies and devices
with demonstrated safety benefits including helmets, child
safety seats, airbags, and graduated licenses.
NHTSA establishes and ensures compliance with fuel economy
standards, investigates odometer fraud, establishes and
enforces vehicle anti-theft regulations, and provides consumer
information on a variety of motor vehicle safety topics.
COMMITTEE RECOMMENDATION
The Committee recommends $981,577,000, which is $34,373,000
above the fiscal year 2018 enacted level and $66,842,000 above
the budget request.
The following table summarizes the Committee's
recommendations:
----------------------------------------------------------------------------------------------------------------
Committee
2018 enacted 2019 request recommendation
----------------------------------------------------------------------------------------------------------------
Operations and research (general fund and highway trust fund) $349,575,000 $304,527,000 $371,369,000
Highway traffic safety grants (highway trust fund)........... 597,629,000 610,208,000 610,208,000
Total.................................................... 947,204,000 914,735,000 981,577,000
----------------------------------------------------------------------------------------------------------------
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)
----------------------------------------------------------------------------------------------------------------
2018 (General 2019 (Highway
fund) trust fund) Total
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2018\1\........................... $200,575,000 $149,000,000 $349,575,000
Budget request, fiscal year 2019\2\.......................... 152,427,000 152,100,000 304,527,000
Recommended in the bill...................................... 219,269,000 152,100,000 371,369,000
Bill compared to:
Appropriation, fiscal year 2018.......................... +18,694,000 +3,100,000 +21,794,000
Budget request, fiscal year 2019......................... +66,842,000 - - - +66,842,000
----------------------------------------------------------------------------------------------------------------
\1\The fiscal year 2018 appropriation included a general provision which provided $11,500,000 from the general
fund for highway safety activities.
\2\The fiscal year 2019 recommendation includes a general provision which provides $15,000,000 from the general
fund for highway safety activities.
The operations and research appropriations support
research, demonstrations, technical assistance, and national
leadership for highway safety programs. Many of these programs
are conducted in partnership with state and local governments,
the private sector, universities, research units, and various
safety associations and organizations. These programs address
alcohol and drug countermeasures, vehicle occupant protection,
traffic law enforcement, emergency medical and trauma care
systems, traffic records and licensing, traffic safety
evaluations, motorcycle safety, pedestrian and bicycle safety,
pupil transportation, distracted and drowsy driving, young and
older driver safety programs, development of improved accident
investigation procedures, and emerging technology and
cybersecurity research related to automated and connected
vehicles.
COMMITTEE RECOMMENDATION
The Committee recommends $349,575,000, which is $21,794,000
above the fiscal year 2018 enacted level and $66,842,000 above
the budget request. Of this total, $204,269,000 is from the
general fund for operations and vehicle safety research,
$15,000,000 is from the general fund for certain behavioral
highway safety activities, and $152,100,000 is from the highway
trust fund for operations and behavioral highway safety
research.
For vehicle safety research, the agreement provides
$29,000,000 in Rulemaking program funding, of which not less
than $16,500,000 is for the new car assessment program,
$35,000,000 is for enforcement program funding, of which not
less than $22,000,000 is for the Office of Defects
Investigation, and $53,000,000 is for research and analysis
programs, of which not less than $18,000,000 is for vehicle
electronics and emerging technologies, which includes research
of cybersecurity and automated vehicle technologies. The
recommendation fully funds Full Time Equivalent (FTE) staffing
increases consistent with prior year appropriations and the
program increases provided herein and does not prohibit the
addition of FTE above those provided in previous fiscal years.
For behavioral highway safety research, the recommendation
is consistent with the FAST Act and includes $5,494,000 for in-
vehicle alcohol detection device research. In addition to
obligation limitation, $15,000,000 in general fund
appropriations are provided for these programs. Of this amount,
$10,000,000 is provided for the high visibility enforcement
paid-media campaign in the area of highway-rail grade crossing
safety and the remaining $5,000,000 shall be available for
grants, training, and other activities to combat drug-impaired
driving including training and deployment of Drug Recognition
Expert (DRE) and Advanced Roadside Impaired Driving Enforcement
(ARIDE) methods and oral fluid roadside testing to detect the
presence of illicit substances. Such activities shall be in
collaboration with appropriate state and local governments and
law enforcement organizations. Also, the recommendation fully
funds FTE staffing increases consistent with prior year
appropriations and the program increases provided herein and
does not prohibit the addition of FTE above those provided in
previous fiscal years.
Fatality increases.--The Committee is concerned about the
recent increase in the number of deaths and accidents on the
nation's roads. This increase has occurred even though vehicles
have continued to adopt new and better safety features to avoid
accidents and protect occupants from injuries. The Committee
encourages the Department to increase its research on causal
factors such as distracted driving, drug-impaired driving, as
well as the effect of road conditions on automobile accidents
and deaths. This research can provide valuable guidance to
Congress, the Department, and to auto insurers on how to best
address auto and infrastructure safety issues.
Automated vehicles.--The auto industry is in the midst of a
seismic technological shift that will revolutionize the
transportation of people and goods in our lifetime. Connected
and self-driving cars have the potential to dramatically reduce
the number of lives lost on our roads and highways every year
and fundamentally transform transportation networks. In
addition to reducing roadway fatalities, automated vehicle (AV)
technology will drastically improve mobility options for the
elderly, persons with disabilities, and other individuals who
cannot obtain a drivers' license. The fiscal year 2018
appropriation for the Federal Motor Carrier Safety
Administration included a historic, multi-year investment in a
highly automated vehicle research and demonstration program,
and the Committee expects the Department to continue to
dutifully implement that program in fiscal year 2019 in a
manner consistent with the intent of Congress.
The Committee is aware of the Department of
Transportation's January 19, 2018 designation of ten AV proving
ground pilot sites. The Committee encourages DOT to support the
development of proving grounds that have existing facilities
and workforce capable of performing testing and research
independently or in conjunction with NHTSA's Vehicle Research
and Testing Center on passenger and commercial vehicles. The
Secretary should consider the extent to which proving grounds
have the capacity to gather and share critical data with the
federal government and other testing facilities. Testing at
such facilities should include but not be limited to: advanced
driver automation systems; intersections, multiple lanes, and
pedestrian cross-walks; vehicle-to-vehicle and vehicle-to-
infrastructure communications; high speed testing including
vehicle swarming and truck platooning; all-season and day/night
environments; and wet and dry vehicle dynamics.
The transition to self-driving vehicles will take place
over many years during which these vehicles will interact, and
sometimes collide with, vehicles driven by humans. Our legal
system has a vast amount of experience apportioning liability
after auto accidents but that task could be made more difficult
should access to data from automated vehicles involved in
accidents be limited. Automakers in both the United States and
Europe have already taken some preliminary steps that evidence
a desire to limit vehicle data access to third parties such as
insurers. Vehicle data from highly automated vehicles must be
made available to the parties involved, their insurers and
authorized representatives on reasonable terms. Failure to make
that access available could delay compensation to accident
victims and increase automobile insurance costs. The Committee
urges the Department of Transportation to consider establishing
guidelines that allows reasonable access to data for the
parties in need of such access.
While the Committee recognizes the vast potential of
automated vehicles, the Committee is concerned that this
technological transformation may displace workers who currently
earn their living driving a vehicle. The Committee encourages
DOT to consider the potential for job displacement in its
actions on automated vehicles and urges DOT to convene relevant
public and private stakeholders to develop a national strategy
to address potential job displacement.
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 $10,000,000 from the general fund for a high
visibility enforcement paid-media campaign in the area of
highway-rail grade crossing safety. The Committee directs NHTSA
to coordinate these resources with the media on other highway
safety campaigns, and to work collaboratively with the Federal
Railroad Administration on the campaign's message development.
Crashworthiness research.--The Committee is concerned that
vehicle crashes, injuries, and fatalities have increased in
recent years. The Committee recognizes the importance that
lightweight plastics and polymer composites play in improving
automotive structural safety, meeting consumer demand for
innovative vehicles, increasing fuel efficiency, and supporting
new, highly-skilled manufacturing jobs in the United States.
NHTSA is encouraged to focus on updating countermeasures for
frontal, side, rollover, front seatback, and lower interior
impacts for children and small adults, as well as pedestrian
crashworthiness projects, with an emphasis on vehicle light-
weighting. Research should encompass both traditional and
autonomous vehicle structural designs. NHTSA should leverage
lessons learned from light-weight materials research at DOT,
the Department of Energy, and by industry stakeholders in its
development of safety-centered approaches for future light-
weight automotive design.
Child hyperthermia prevention.--In prior years, the
Committee has recognized the severe child safety crisis
involving children dying of hyperthermia after being left alone
in motor vehicles. The Committee has favorably cited the
awareness programs conducted by NHTSA. In the 20 years since
records have been maintained, more than 700 children, mostly
three years old or younger, have died in this tragic way,
including 42 in 2017. The Committee therefore directs NHTSA to
continue and expand its public education and outreach efforts
on child hyperthermia prevention through a public call to
action encouraging public messaging and the involvement of a
broad coalition of organizations, government agencies, medical
professionals, and others who regularly interact with parents
and the public. The campaign should focus on parents and
caregivers who transport children and encourage bystanders to
take action when they see children alone in cars. We urge that
the campaign commence earlier in the year compared to prior
campaigns. In addition to public awareness, the Committee urges
NHTSA to continue to pursue technological solutions in
coordination with industry that can serve as a reminder to
parents to remove children from the rear seat prior to leaving
their vehicle.
Driver alcohol detection system for safety (DADSS).--For
several years, NHTSA has partnered with leading auto
manufacturers on DADSS to develop reliable and relatively
inexpensive in-vehicle technology to prevent alcohol-impaired
driving. Progress to date has been significant, and Congress
showed its continued support for this life-saving program by
authorizing $21,248,000 for fiscal years 2017 through 2020 in
the FAST Act. The Committee also continues to strongly support
this promising and vital program, with its potential to save
7,000 lives annually, and includes $5,494,000 for accelerated
research, development, and robust field testing in fiscal year
2019. Further, the Committee commends NHTSA for steps it has
recently taken to accelerate DADSS, by partnering with the
Commonwealth of Virginia to assist in bringing the technology
closer to commercialization and for the creation of a multi-
disciplinary oversight panel to guide the program. The
Committee encourages NHTSA and its program partners to work
diligently toward making this technology ready for vehicle
integration by the end of the FAST Act authorization in fiscal
year 2020.
Drug-impaired driving.--The Committee is concerned about
increasing rates of drug-impaired driving. The Committee
previously instructed NHTSA to fulfill the requirement of the
FAST Act to complete a study of drug-impaired driving. The
Committee has also previously urged NHTSA to expand efforts to
increase awareness and use among law enforcement of Drug
Recognition Expert (DRE) and Advanced Roadside Impaired Driving
Enforcement (ARIDE) training particularly in those states that
have recently reformed drug-use enforcement laws. The Committee
is encouraged by NHTSA's announcement of the Drugged Driving
Initiative to combat this growing problem on our roadways. The
Committee directs NHTSA to report to the House and Senate
Committees on Appropriations within 90 days of enactment of
this Act on plans to complete a comprehensive assessment of the
gaps that exist in what is known about drug-impaired driving.
The report shall include NHTSA's current and future efforts to
engage key stakeholders in identifying steps to improve safety
and reduce fatalities. The agency should also indicate how it
will increase law enforcement awareness and use of available
countermeasures including DRE and ARIDE training and oral fluid
roadside testing, when permitted in state statute, to detect
the presence of multiple illicit substances concurrently. The
recommendation includes $5,000,000 from the general fund for
expansion of these activities.
Truck underride safety research.--The Committee notes that
NHTSA's proposed rulemaking in December 2015 to update truck
rear impact guard requirements cited 362 annual fatalities
associated with light vehicle crashes into the rear of trucks.
The Committee encourages NHTSA to move forward with this
rulemaking and continue working with relevant experts and
stakeholders, including researchers, engineers, safety
advocates, and the trucking industry, to facilitate the
deployment and adoption of rear and side underride protection
devices.
Odometer reading disclosure rule.--In 2012, Congress passed
and the President signed the Moving Ahead for Progress in the
21st Century Act (MAP-21). The legislation required NHTSA to
adopt schemes for electronic odometer disclosure statements.
NHTSA did issue a notice of proposed rulemaking on odometer
disclosure requirements in 2016, but has yet to promulgate it.
The Committee is concerned that NHTSA has not complied with
this MAP-21 requirement. Electronic titling capability promises
immense efficiencies for states and for those industries that
process a high volume of motor vehicle titles. However, the
delay in promulgating the rule is discouraging states from
moving forward with electronic titling initiatives out of fear
that they may ultimately fall short of a final rule. The
Committee directs NHTSA to finalize and promulgate a final
odometer disclosure requirements rule as soon as possible but
not later than December 31, 2018.
Autocycles.--The Committee recognizes the growth of three-
wheel light-duty vehicles, also called Autocycles, as a method
of passenger transportation. Under federal regulations, these
vehicles are currently classified as motorcycles though they
have different physical and operational characteristics than
traditional automobiles and two-wheel motorcycles. 38 states
have now recognized this difference by establishing new
regulations and definitions for Autocycles. The Committee is
concerned that a patchwork of laws and inconsistent regulations
now exists, absent a federal standard for Autocycles, thereby
causing confusion and hindering the growth of this emerging
industry. The Committee directs NHTSA to conduct research on
the appropriate safety standards and existing state and federal
regulations of Autocycles and report to the House and Senate
Committees on Appropriations within 180 days of enactment of
this Act.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of
contract Limitation on
authorization obligation
------------------------------------------------------------------------
Appropriation, fiscal year 2018. $597,629,000 ($597,629,000)
Budget request, fiscal year 2019 610,208,000 (610,208,000)
Recommended in the bill......... 610,208,000 (610,208,000)
Bill compared with:
Appropriation, fiscal year +12,579,000 +(12,579,000)
2018...........................
Budget request, fiscal year (- - -) (- - -)
2019...........................
------------------------------------------------------------------------
The highway traffic safety state grant programs authorized
under the FAST Act include: Highway Safety Programs, the
National Priority Safety Program, and the High Visibility
Enforcement Program.
These grant programs provide resources to states for
highway safety programs that are data-driven and that meet
states' most pressing highway safety problems. They are a
critical asset in reducing highway traffic fatalities and
injuries.
COMMITTEE RECOMMENDATION
The Committee recommends $610,208,000 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 2019 for the highway traffic safety grants
programs to $610,208,000. These levels are $12,579,000 above
the fiscal year 2018 enacted level and the same as the budget
request.
The Committee recommends the following funding allocations
for grant programs:
Highway safety programs (section 402)................. ($270,400,000)
National priority safety programs (section 405)....... (283,000,000)
High visibility enforcement program................... (30,200,000)
Administrative expenses............................... (26,608,000)
Safety promotional materials.--For the purpose of federal
grants administered by NHTSA, safety equipment purchased for
traffic safety educational trainings, such as child car seats,
bicycle helmets and lights, and reflective vests, shall not be
considered promotional materials or memorabilia.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides limited funding for travel and related
expenses associated with state management reviews and highway
safety core competency development training.
Section 141 exempts from the current fiscal year's
obligation limitation any obligation authority that was made
available in previous public laws.
Section 142 prohibits funding for the national roadside
survey.
Section 143 prohibits funds from being used to mandate
global positioning system tracking without providing full and
appropriate consideration of privacy concerns under 5 U.S.C.
Chapter 5, subchapter II.
Section 144 provides additional funding for highway safety
programs.
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 2018....................... $221,698,000
Budget request, fiscal year 2019...................... 202,304,000
Recommended in the bill............................... 221,698,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +19,394,000
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 $221,698,000 for safety and
operations, which is equal to the fiscal year 2018 enacted
level and $19,394,000 above the budget request. Of the amount
provided under this heading, $18,000,000 is available until
expended. The recommended level fully funds personnel, and does
not provide additional positions in fiscal year 2019.
Railroad Safety Information System (RSIS).--The
recommendation includes a total of $4,800,000 for RSIS. This
funding level will increase the capabilities of FRA's principal
repository of safety data and allow FRA to enforce safety
regulations that have data collection and management
requirements. In addition, the Committee directs FRA to
continue work on a user-friendly front-end interface.
Automated Track Inspection Program (ATIP).--The Committee's
recommendation includes up to $16,500,000 for ATIP, equal to
the fiscal year 2018 enacted level, to inspect tracks and
analyze data from ATIP operations and inspections. ATIP uses
track geometry measurement vehicles to automatically measure
track conditions which supplement the work of FRA's inspectors
to ensure railroads are compliant with the FRA Track Safety
Standards. The Committee notes that funds provided for the ATIP
program in fiscal year 2018 are available for both inspection
and data analysis.
Safe Transportation of Energy Products.--The Committee
includes $2,000,000 for FRA's safe transport of energy products
programs, which include crude oil safety inspectors, safety
route managers and tank car quality assurance specialists, tank
car research, and increased mileage of ATIP on routes that
carry energy produces.
Positive Train Control (PTC).--The Committee provides
$10,000,000 for the PTC support program. The Committee notes
that FRA expects to review up to 15 additional PTC plans from
railroad companies in fiscal year 2019. The Committee directs
FRA to coordinate with industry, as necessary, to streamline
the PTC review process.
Confidential Close Call Reporting Systems (C3RS).--The
recommendation includes $3,000,000 for C3RS. The Committee
continues to direct FRA to explore ways to increase
participation, and develop a model that allows and encourages
private sector investment.
Bridge Support Program.--FRA has developed a Bridge
Inventory Database and a Bridge Management Plan Review Risk
Model. The Committee provides $600,000 to further modify the
risk model, update the bridge inventory, and perform other
program activities.
Trespasser Prevention.--Pedestrian trespassing is the
leading cause of rail-related injuries; more than derailments
and collisions combined. There has been no progress in reducing
the number of deaths from pedestrian trespassing. Since 2015
trespasser fatalities have increased by 34 percent and
trespasser injuries also continue to increase. The Committee
remains concerned about this trend, and looks forward to
receiving FRA's national trespassing prevention strategy.
Further, the Committee provides $500,000 for FRA to build on
its strategy by developing a risk model that includes effective
engineering and enforcement mitigation efforts to reduce
trespasser incidents.
Passenger Rail between Mexico and United States.--The
Committee looks forward to receiving studies on the standards
and protocols required to facilitate a passenger and freight
rail line between the United States and Mexico, in Texas, and
other international land crossings; and efforts to harmonize
regulations and address congestion at international rail
crossings per the recommendations made in the GAO report.
New transportation projects utilizing existing corridors.--
The Committee is aware that metropolitan planners often seek to
utilize existing transportation corridors in proposing new
transportation projects, including high speed rail, to ease the
project approval process. The Committee encourages the
Department of Transportation to evaluate the impact of new
transportation projects and their utilization of existing
corridors and to provide recommendations on ways to mitigate
community disruption from new transportation projects in
existing transportation corridors, including high speed rail
projects.
RAILROAD RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $40,600,000
Budget request, fiscal year 2019...................... 19,550,000
Recommended in the bill............................... 40,600,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +21,050,000
The railroad research and development program provides
science and technology support for FRA's policy and regulatory
efforts. The program's objectives are to reduce the frequency
and severity of railroad accidents through scientific
advancement, and to support technological innovations in
conventional and high speed railroads.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $40,600,000
for railroad research and development, which is equal to the
fiscal year 2018 enacted level and $21,050,000 more than the
budget request.
Safe Transportation of Energy Products (STEP).--The
Committee provides $2,000,000, equal to the fiscal year 2018
enacted level, for FRA to research and mitigate risks
associated with frequent and large volume rail transport of
crude oil, including tank car research in partnership with
other Federal agencies.
Short-line Safety.--The Committee's recommendation includes
$2,500,000, equal to the fiscal year 2018 enacted level, to
improve safety practices and safety training for Class II and
Class III freight railroads. This funding supports FRA's
initiative to partner with short-line and regional railroads to
build a stronger, sustainable safety culture and will support
safety compliance assessments and training on short lines that
transport crude oil.
Intelligent Railroad Systems.--The Committee's
recommendation includes $1,000,000 to facilitate research with
universities on intelligent railroad systems.
System Safety and Risk Reduction Programs.--The Committee
recognizes that continued investments in critical rail
infrastructure programs will make our rails, railcars, and
trains safer. Therefore, the Committee urges FRA to prioritize
investments in the development of technologies designed to
verify the functional performance of complex electronic systems
such as: positive train control, automated train control,
passenger door control, train communications, train
environmental control, and railcar signs. In addition, the FRA
should work with industry to develop standardized performance
verification and diagnostics for such systems.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Railroad Rehabilitation and Improvement Financing
(RRIF) program was established by Public Law 109-178 to provide
direct loans and loan guarantees to state and local
governments, government-sponsored entities, and railroads.
Credit assistance under the program may be used for
rehabilitating or developing rail equipment and facilities.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
Appropriation, fiscal year 2018....................... $ 250,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +250,000,000
Budget request, fiscal year 2019.................. +500,000,000
The FAST Act authorized the federal-state partnership for
state of good repair under section 11302. The purpose of these
grants is to reduce the state of good repair backlog on
publically-owned or Amtrak-owned infrastructure, equipment, and
facilities. Eligible activities include capital projects to (1)
replace existing assets in-kind or with assets that increase
capacity or service levels, (2) ensure that service can be
maintained while existing assets are brought into a state of
good repair, (3) bring existing assets into a state of good
repair.
COMMITTEE RECOMMENDATION
The Committee recommends $500,000,000 for the federal-state
partnership for state of good repair grants, $250,000,000 above
the fiscal year 2018 enacted level and $500,000,000 above the
budget request. The Committee directs the Secretary to publish
a Notice of Funding Opportunity for these funds not later than
60 days after enactment of this Act.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
Appropriation, fiscal year 2018....................... $592,547,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -292,547,000
Budget request, fiscal year 2019.................. +300,000,000
Authorized under Section 11301 of the FAST Act, the purpose
of the consolidated rail infrastructure and safety improvement
(CRISI) grants is to improve the safety, efficiency, and
reliability of passenger and freight rail systems. Eligible
activities include a wide range of capital, regional and
corridor planning, environmental analyses, research, workforce
development, and training projects.
COMMITTEE RECOMMENDATION
The Committee recommends $300,000,000 for CRISI grants,
$292,547,000 less than the fiscal year 2018 enacted level and
$300,000,000 above the budget request. Of the funds provided,
$150,000,000 is for positive train control deployment grants
pursuant to section 24407(c)(1). PTC eligibility is also
expanded to include commuter rail lines. The Committee directs
the Secretary to publish a Notice of Funding Opportunity for
these funds not later than 60 days after enactment of this Act.
The Committee is encouraged by the efforts of commuter
railroads to develop and implement PTC. While the technological
and financial hurdles can be formidable, PTC is a lifesaving
technology that enjoys broad support across the nation and the
Committee encourages the Department to make certification a
priority and to provide the necessary technical assistance to
commuter railroads as they move toward full implementation.
The Committee recognizes that communities with high volume
international inland ports on the U.S.-Mexico border face
unique transportation challenges caused by international trade.
The Committee encourages the agency to consider the impacts of
these freight movements, including traffic, highway-rail grade
crossings, congestion and safety.
MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... $150,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +150,000,000
Budget request, fiscal year 2019.................. +150,000,000
The Magnetic Levitation Technology Deployment (MAGLEV)
Program is authorized under section 322 of title 23, United
States Code. The MAGLEV program funds transportation systems
that employ magnetic levitation and are capable of safe use by
the public at speeds in excess of 240 miles per hour. Funds are
available for preconstruction planning activities and capital
costs, and are available until expended.
COMMITTEE RECOMMENDATION
The Committee recommends $150,000,000 for the MAGLEV
program, which is $150,000,000 above the fiscal year enacted
level and the budget request. These funds will provide the
required Federal investment to leverage billions in private
funding and deploy this advanced technology along the most
congested transportation corridors in the Nation.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK)
Amtrak, created as a for-profit business in 1970, operates
trains over 20,000 miles of track owned by freight railroad
carries, 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 to 110 miles per hour.
The FAST Act authorizes funds for Amtrak through 2020 for
the Northeast Corridor (NEC) that runs from Boston to
Washington, D.C.; and the National Network, which encompasses
Amtrak's state-supported and long-distance routes, as well as
other non-NEC activities. The account structure, when combined
with new planning and reporting requirements focused on
Amtrak's business lines and asset categories, significantly
improves the transparency of Amtrak funding and its delivery of
services.
In recent years, Amtrak has made great progress at
increasing its revenue and reducing its operating loss while
achieving record ridership and striving to provide a more
modern and reliable customer experience. For example, in fiscal
year 2017, Amtrak increased its ticket revenue by 2 percent
over the prior year and reduced its net operating loss to the
lowest level in Amtrak's history. The corporation also
increased its cost recovery to nearly 95 percent, another
record. The Committee fully supports and expects Amtrak to
continue to operate like a business consistent with its
Missions and Goals as codified in 49 U.S.C. 24101.
The Committee recommends $1,941,600,000 for Amtrak, which
is equal to the fiscal year 2018 enacted level and
$1,203,703,000 above the request. The Committee provides
funding consistent with the authorized structure.
Congressional budget justification.--The Committee
appreciates the level of detail in the fiscal year 2019 budget
justification and directs Amtrak to submit a justification with
a similar level of detail for fiscal year 2020.
Charter Trains and Private Cars.--During fiscal year 2018,
Amtrak issued new guidelines for charter trains operated by
Amtrak and private cars on Amtrak trains. Amtrak's new policy
limits private car services to specific locations and trains
when facilities and resources are available, requires case-by-
case prior Amtrak written approval, and limits maintenance to
FRA-required repairs which must be paid by the car owner.
Charter trains will be limited to existing Amtrak routes, must
not be one-time trips, must generate sufficient financial
benefit to justify Amtrak's use of its resources and assets,
and be subject to a final written agreement.
While the Committee understands that these policy changes
reflect Amtrak's mandate to provide efficient, effective, and
safe regularly-scheduled passenger service with a minimum
public subsidy consistent with Amtrak's statutory mission and
goals as codified by 49 USC 24101, the Committee directs Amtrak
to submit a report to the House and Senate Committees on
Appropriations within 60 days of enactment of this Act on its
rationale, with supporting data, for its policy changes that
demonstrate how it supports Amtrak's mission and goals. For
example, this should include a discussion of the impacts of
private car delays on Amtrak trains based on historical
experience and/or estimates, as well as information on minutes
of delays attributable to private cars, and other impacts
Amtrak took into consideration, such as customer satisfaction,
management distraction, and host railroad impacts. The
Committee also directs Amtrak to provide information on the
revenues and costs associated with private cars and special
trains. The Committee acknowledges that certain information may
be commercially sensitive and cannot be made public.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
Appropriation, fiscal year 2018....................... $650,000,000
Budget request, fiscal year 2019...................... 200,000,000
Recommended in the bill............................... 650,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +450,000,000
The Committee recommends $650,000,000 for grants to the
Northeast Corridor for operating and capital purposes, equal to
the fiscal year 2018 enacted level and $450,000,000 above the
request. In addition to these funds, the Northeast Corridor
retains its operating profits for use on the corridor. This
funding level provides $5,000,000 to the Northeast Corridor
Commission established under section 24905 of title 49, United
States Code.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
Appropriation, fiscal year 2018....................... $1,291,600,000
Budget request, fiscal year 2019...................... 537,897,000
Recommended in the bill............................... 1,291,600,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +753,703,000
The Committee recommends $1,291,600,000 for National
Network grants to Amtrak, equal to the fiscal year 2018 enacted
level and $753,703,000 above the request. These funds subsidize
operating and capital losses on Amtrak's long-distance routes,
state-supported routes, as well as other non-NEC activities.
The FAST Act allows Amtrak to transfer operating profits from
the Northeast Corridor to this appropriation under certain
conditions.
The Committee understands that Amtrak will resume Cardinal
Line service once track maintenance and repair are complete.
ADMINISTRATIVE PROVISIONS
Section 150. The Commission 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 2018 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 2018 and
the prior three calendar years.
Section 151. Includes a provision relating to high speed
rail in California and the Surface Transportation Board.
Section 152. Includes a prohibition relating to high speed
rail in California.
Federal Transit Administration
The Federal Transit Administration (FTA) was established as
a component of the Department of Transportation on July 1,
1968, when most of the functions and programs under the Federal
Transit Act (78 Stat. 302; 49 U.S.C. 1601 et seq.) were
transferred from the Department of Housing and Urban
Development. Known as the Urban Mass Transportation
Administration until enactment of the Intermodal Surface
Transportation Efficiency Act of 1991, the Federal Transit
Administration administers federal financial assistance
programs for planning, developing, and improving comprehensive
mass transportation systems in both urban and non-urban areas.
The most recent authorization for the programs under the
Federal Transit Administration is contained in the Fixing
America's Surface Transportation (FAST) Act (P.L. 114-94) and
extensions. Annual Appropriations Acts included annual
limitations on obligations for the transit formula grants
programs, and direct appropriations of budget authority from
the General Fund of the Treasury for FTA's administrative
expenses, some research programs, and capital investment
grants.
ADMINISTRATIVE EXPENSES
Appropriation, fiscal year 2018....................... $113,165,000
Budget request, fiscal year 2019...................... 111,742,260
Recommended in the bill............................... 113,165,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +1,422,740
COMMITTEE RECOMMENDATION
The Committee recommends a total of $113,165,000 for FTA's
administrative expenses, which is equal to the fiscal year 2018
enacted level and $1,422,740 below the budget request. The
Committee's recommendation provides these funds from the
General Fund, as usual.
Operating plans.--The Committee reiterates its direction
from previous years, which requires the FTA's operating plan to
include a specific allocation of administrative expenses
resources. The operating plan should include a delineation of
full time equivalent employees, for the following offices:
Office of the Administrator; Office of Administration; Office
of Chief Counsel; Office of Communications and Congressional
Affairs; Office of Program Management; Office of Budget and
Policy; Office of Research, Demonstration and Innovation;
Office of Civil Rights; Office of Planning and Environment;
Office of Safety and Oversight; and Regional Offices. Further,
the operating plan must include any new programs or changes to
the budget request, including new grant programs. In addition,
the Committee directs FTA to notify the House and Senate
Committees on Appropriations at least thirty days in advance of
any change that results in an increase or decrease of more than
five percent from the initial operating plan submitted to the
Committees for fiscal year 2020.
Budget justifications.--The Committee strongly encourages
FTA to maintain the format and content in the fiscal year 2020
documents.
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, 2019.
Transit security.--The Committee continues bill language
prohibiting FTA from creating a permanent office of transit
security.
Full funding grant agreements (FFGAs).--Title 49 requires
that FTA notify the House and Senate Committees on
Appropriations as well as the House Committee on Transportation
and Infrastructure and the Senate Committee on Banking sixty
days before executing a full funding grant agreement. In its
notification to the House and Senate Committees on
Appropriations, the Committee directs FTA to include the
following: (1) a copy of the proposed full funding grant
agreement; (2) the total and annual federal appropriations
required for that project; (3) yearly and total federal
appropriations that can be reasonably planned or anticipated
for future FFGAs for each fiscal year through 2023; (4) a
detailed analysis of annual commitments for current and
anticipated FFGAs against the program authorization, by
individual project; (5) a financial analysis of the project's
cost and sponsor's ability to finance the project, which shall
be conducted by an independent examiner, and which shall
include an assessment of the capital cost estimate and the
finance plan; (6) the source and security of all public- and
private-sector financial instruments; (7) the project's
operating plan, which enumerates the project's future revenue
and ridership forecasts; and (8) a listing of all planned
contingencies and possible risks associated with the project.
The Committee continues the direction to FTA to inform the
House and Senate Committees on Appropriations in writing thirty
days before approving schedule, scope, or budget changes to any
full funding grant agreement. Correspondence relating to
changes shall include any budget revisions or program changes
that materially alter the project as originally stipulated in
the full funding grant agreement, including any proposed change
in rail car procurements.
In addition, the Committee directs FTA to continue
reporting monthly to the House and Senate Committees on
Appropriations on the status of each project with a full
funding grant agreement or that is within two years of a full
funding grant agreement.
The Committee is aware of recent congressional actions to
encourage private sector participation in the nation's transit
systems. The Committee encourages FTA to promote the
utilization of private sector expertise, financing, and
operational capacity to deliver public transportation services
and provide technical assistance to public transit agencies on
services such as commuter services, rural access, paratransit
and first mile-last mile connectivity.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of
contract Limitation on
authority obligation
------------------------------------------------------------------------
Appropriation, fiscal year 2018..... $10,300,000,000 $9,733,353,407
Budget request, fiscal year 2019.... 9,900,000,000 9,939,380,030
Recommended in the bill............. 9,900,000,000 9,939,380,030
Bill compared with:
Appropriation, fiscal year 2018. -400,000,000 +206,026,623
Budget request, fiscal year 2019 - - - - - -
------------------------------------------------------------------------
The FAST Act provides contract authority for the transit
formula grant programs from the mass transit account of the
highway trust fund. These programs include: urbanized area
formula grants, state of good repair grants, formula grants for
rural areas, growing states and high density states, mobility
for seniors and persons with disabilities, bus and bus
facilities grants, bus testing facilities, planning programs,
transit oriented development, a pilot program for enhanced
mobility, public transportation innovation, technical
assistance and workforce development, and the National Transit
Database. The Appropriations Act sets an annual obligation
limitation for such authority. This account is the only FTA
account funded from the Highway Trust Fund.
COMMITTEE RECOMMENDATION
The Committee recommends an obligation limitation of
$9,939,380,030 for the formula programs and activities, the
same as the budget request and the program authorization. The
Committee's recommendation also includes $9,900,000,000 in
liquidating funds, which is equal to the budget request.
The Committee is concerned with urban sprawl and
overwhelming traffic in high population density areas, and
encourages the Secretary to carry out authorized programs that
encourage transit planning that connects housing, jobs, and
mixed use development with transportation options.
The Committee encourages FTA to work with local transit
authorities to use formula grant funds to enhance on-time
performance of commuter trains. It has come to the attention of
the Committee that some commuter railroads have average delay
times of 21 minutes. Poor performance deters ridership and
imperils the future of public transit. Commuter railroads must
prioritize reliable and efficient service for all riders.
TRANSIT INFRASTRUCTURE GRANTS
Appropriation fiscal year 2018........................ $834,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 800,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -34,000,000
Budget request, fiscal year 2019.................. +800,000,000
The FAST Act provides contract authority for the transit
formula grants programs from the mass transit account of the
highway trust fund. Additional funding to FAST Act authorized
programs is provided from the general fund for transit
infrastructure grants.
COMMITTEE RECOMMENDATION
The Committee recommends an additional $800,000,000 in
transit infrastructure grants to remain available until
expended. Of the funds provided, $350,000,000 is available for
bus and bus facilities grants authorized under 49 U.S.C. 5339,
of which $300,000,000 is provided for competitive grants and
$50,000,000 is provided for low or no emission grants. In
addition, $50,000,000 is available for formula grants for rural
areas authorized under 49 U.S.C. 5311, $200,000,000 is
available for state of good repair grants authorized under 49
U.S.C. 5337, $50,000,000 is available for high density state
apportionments authorized under 49 U.S.C. 5340(d), and
$150,000,000 is available for urbanized area formula grants
authorized under 49 U.S.C. 5307. Funding is provided from the
general fund, and it is not subject to any limitation on
obligations.
The Committee recognizes the important economic,
environmental, and health benefits of public transit projects,
including light rail and bus rapid transit. Public transit
helps reduce commute times, limit gas emissions, improve health
conditions, and create new jobs.
TECHNICAL ASSISTANCE AND TRAINING
Appropriation fiscal year 2018........................ $5,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill 5,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +5,000,000
The FAST Act authorizes FTA to provide technical assistance
under section 5314 of title 49 for human resource and training
activities, and workforce development programs.
COMMITTEE RECOMMENDATION
The Committee recommends $5,000,000 for technical
assistance and training authorized under section 5314(a)(2),
equal to the 2018 enacted level and $5,000,000 above the budget
request. In addition to the directly appropriated funds,
another $9,000,000 is provided through the obligation
limitation under the header ``transit formula grants.''
Of the amount provided for Technical Assistance and
Training, no less than $5,000,000 will be available for
technical assistance and training to increase mobility for
people with disabilities and older adults, and no less than
$1,500,000 is designated for FTA to enter into a cooperative
agreement with a competitively selected qualified nonprofit
entity for a program of applied innovation, capacity building
and other technical assistance that does not duplicate the
Regional Transportation Assistance Program or FTA's research
and innovation activities. The Committee intends for FTA and
the cooperative agreement partner to work on targeted field-
based programs to, for example, assist small-urban, rural, and
tribal transit providers and regional planning agencies with
deploying new transit service, provide shared ride mobility
service in small urban areas that historically have not
received FTA formula grants, promote regionalized approaches to
transit and other shared ride mobility services, and assist
rural and urban areas with deploying changing mode-share
strategies. Qualified non-profit entities with existing
contracts or cooperative agreements with FTA may compete for
these funds.
CAPITAL INVESTMENT GRANTS
Appropriation, fiscal year 2018....................... $2,644,960,000
Budget request, fiscal year 2019...................... 1,000,000,000
Recommended in the bill............................... 2,613,650,000
Bill compared with:
Appropriation, fiscal year 2018................... -31,310,000
Budget request, fiscal year 2019.................. +1,613,650,000
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 $2,613,650,000 for capital
investment grants, which is $31,310,000 below the fiscal year
2018 enacted level and $1,613,650,000 above the budget request.
The Committee supports the President's commitment to invest
in infrastructure, and maintains its position to recognize the
need for a robust capital investment grant program. The
Committee directs FTA to carry out the will of Congress and
continue to advance eligible projects into Project Development,
Engineering, and Construction through the capital investment
grant evaluation, rating, and approval process. Specifically,
the Committee directs the Secretary to allow a project to enter
into project development when the applicant satisfies the
requirements described in 49 USC 5309(d)(1), 49 USC 5309(e)(1),
or 49 USC 5309(h)(2)(A), as applicable; to advance a project
into engineering when the applicant satisfies the requirements
described in 49 USC 5309(d)(2) or 49 USC 5309(e)(2), as
applicable; to enter into a full funding grant agreement for
any new fixed guideway capital project or core capacity
improvement project that has met the requirements of section
5309(k)(2)(B) after completion of the 30 day notice period for
such projects as required under section 5309(k)(5); and to
enter into a grant agreement for any small start project that
has met the requirements of section 5309(h)(3) after completion
of the 10 day notice period for such projects as required under
section 5309(h)(7)(C).
The Committee directs FTA to continue to update this
Committee on the status of projects that are in the current
funding pipeline and assist those project sponsors who seek to
enter into and advance through the funding pipeline of the
capital investment grant process. Specifically, FTA is directed
to evaluate, rate, and recommend projects for funding, and
subsequently award grants to projects that meet the statutory
requirements of 49 U.S.C. 5309. The Committee further directs
that FTA may provide funding for projects without a full
funding grant agreement.
The Committee directs the Secretary to provide notice to
the House and Senate Committees on Appropriations not less than
90 days prior to altering or rescinding any rule, circular or
guidance relating to the evaluation, rating, and approval
process pursuant to 49 U.S.C. 5309.
The Committee directs the Secretary to submit the fiscal
year 2020 annual report on funding recommendations as required
by 49 U.S.C. 5309, and directs the Secretary to maintain the
Federal funding commitments for all existing grant agreements
and identify all projects with a medium or higher rating that
anticipate requesting a grant agreement in fiscal year 2020.
The fiscal year 2019 recommendation provides $835,700,000
for all current and on-going New Starts full funding grant
agreements, consistent with the agreed-upon payout schedules
for each project, $500,000,000 for new New Starts projects,
$200,000,000 for ongoing core capacity projects, consistent
with the agreed-upon payout schedules for each project,
$550,000,000 for new core capacity projects, and $502,150,000
for small start projects. Finally, the Committee's
recommendation includes $25,800,000 (about 1.0 percent) for
oversight activities related to the investments of this
account.
WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
Appropriation, fiscal year 2018....................... $150,000,000
Budget request, fiscal year 2019...................... 120,000,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +30,000,000
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.
COMMITTEE RECOMMENDATION
The Committee recommendation includes $150,000,000 for
safety capital grants for WMATA, which is $30,000,000 above the
budget request and equal to last year's enacted level.
The Committee directs WMATA to continue addressing the
safety issues within the agency, specifically, those
identified, and in many cases mandated by the NTSB and FTA.
WMATA is further directed to continue implementing any and all
corrective actions to address financial, contracting, and
accounting concerns raised by FTA's financial management
oversight audit.
Should the WMATA board endorse any effort to defer
maintenance, or move funds from maintenance and safety to
operating expenses in order to address an operating budget
shortfall, the Committee will view those budgetary shifts as a
lack of commitment to the spirit in which PRIIA funds were
provided and the Committee will consider its financial
contributions accordingly.
The Committee provides an additional one-year extension of
the wireless service requirement. The Committee is aware of the
agreement between the wireless carriers and WMATA, which lays
out the schedule for installation and activation by the
carriers of cell phone availability, as required in the PRIIA
authorization. Accordingly, the Committee expects WMATA to
continue to work with the consortium of wireless partners to
finalize completion of this project no later than December of
2020. The Committee directs WMATA to provide the House and
Senate Committees on Appropriations a report each quarter
detailing its progress in installing wireless service in
Metrorail.
The Committee is encouraged by WMATA's efforts to control
operational costs, which are currently rising at nearly twice
the rate of revenues, by exploring innovative approaches,
including competitive contracting of targeted functions and
services, where permitted. The Committee believes this will
promote efficiencies and eliminate inefficient business
practices; enhance accountability; and ensure the most
effective use of finite financial resources.
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 allows funds appropriated for
capital investment grants and bus and bus facilities not
obligated by September 30, 2022, plus other recoveries to be
available for other projects under 49 U.S.C. 5309.
Section 162. The Committee continues the provision that
allows for the transfer of prior year appropriations from older
accounts to be merged into new accounts with similar, current
activities.
Section 163. The Committee continues the provision
prohibiting funds in this Act from being used to advance a
specific line in Harris County, Texas without benefit of a
local election.
Section 164. The Committee continues the provision
prohibiting funds to enter into a Full Funding Grant Agreement
for a project with a New Starts share greater than 50 percent.
Section 165. The Committee prohibits the use of funds to
procure any mass transit and passenger rail or freight rail
Transportation Systems Sector asset to an entity that is owned,
directed, or subsidized by a country identified as a Priority
Watch List country, and is subject to monitoring by the U.S.
Trade Representative.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
Appropriation, fiscal year 2018....................... $40,000,000
Budget request, fiscal year 2019...................... 28,837,012
Recommended in the bill............................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +11,163,000
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. 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
$40,000,000 to fund the operations, maintenance, and capital
asset renewal needs of the SLSDC. This funding level is equal
to the fiscal year 2018 enacted level and $11,163,000 above the
budget request. Of this amount, $19,000,000 shall be used for
asset renewal activities.
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 is concerned that efforts to commercialize
SLSDC may propose the re-imposition of U.S. Seaway tolls. Such
a proposal may disadvantage the competitive position of Great
Lakes ports whose users may be subject to two user fees (U.S.
Seaway tolls and Harbor Maintenance Tax). The Committee directs
the SLSDC to keep the Committee informed of all actions related
to commercialization and/or the re-imposition of U.S. Seaway
tolls.
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 2018....................... $300,000,000
Budget request, fiscal year 2019...................... 214,000,000
Recommended in the bill............................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +86,000,000
The purpose of the Maritime Security Program (MSP) is to
maintain and preserve a U.S. flag merchant fleet to serve the
national security needs of the United States. The MSP provides
direct payments to U.S. flagship operators engaged in U.S.-
foreign trade. Participating operators are required to keep the
vessels in active commercial service and are required to
provide intermodal sealift support to the Department of Defense
in times of war or national emergency.
COMMITTEE RECOMMENDATION
The Committee recommends $300,000,000 for the maritime
security program, consistent with the authorized funding level,
which is equal to the amount provided in fiscal year 2018 and
$86,000,000 above the budget request. Funds are available until
expended.
OPERATIONS AND TRAINING
Appropriation, fiscal year 2018....................... $513,642,000
Budget request, fiscal year 2019...................... 452,428,000
Recommended in the bill............................... 505,228,000
Bill compared with:
Appropriation, fiscal year 2018................... -8,414,000
Budget request, fiscal year 2019.................. +52,800,000
The operations and training account provides funding for
headquarters and field offices to administer and direct MARAD
operations and programs. The account also provides funding for
the operation of the U.S. Merchant Marine Academy and financial
assistance to the six state maritime academies.
COMMITTEE RECOMMENDATION
The Committee recommends $505,228,000 for MARAD operations
and training expenses, $8,414,000 below the fiscal year 2018
funding level and $52,800,000 above the budget request.
MARAD operations.--Of the funds provided, a total of
$56,435,000 is for headquarters and regional office operations,
of which $3,000,000 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 2020 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's funding
recommendation includes a total of $88,593,000 in fiscal year
2019 for the USMMA, of which up to $70,593,000 is for Academy
operations and not less than $14,000,000 is for capital
improvements and not less than $4,000,000 is for maintenance,
repairs, and equipment.
State maritime academies.--The Committee recommends
$30,200,000 for the state maritime academies. Of the funds
provided, $4,000,000 is for direct payments, $2,400,000 is for
student payments, and $1,800,000 is for fuel assistance.
Schoolships.--The Committee's recommendation for the state
maritime academies includes $22,000,000 for the repair and
maintenance of existing schoolships. Further, another
$300,000,000 is recommended for the construction of a new
national security multi-mission training vessel and $30,000,000
is recommended to refurbish an existing schoolship for a state
academy under MARAD.
Sexual assault reporting.--The Committee requests an
updated report within 120 days of enactment of this Act that:
(1) details the USMMA's current system for reporting and
investigating allegations of sexual harassment and assault at
the Academy and during Sea Year; (2) details the sexual assault
and sexual harassment prevention training programs for students
at the Academy and at sea; (3) details the industry
implementation of sexual assault and sexual harassment
prevention and response best practices in the commercial Sea
Year program; (4) and compares student sentiment in Sea Year
sailings under the revised Sea Year program with a similar
cohort under the old program guidelines.
United States Merchant Marine Academy Study.--Unlike
civilian colleges, the USMMA is not currently subject to the
requirements of Title IX of the Education Amendments of 1972.
Additionally, unlike other Federal service academies, its
midshipmen are not subject to the Uniform Code of Military
Justice (UCMJ). Maintaining the safety and security of all
persons on campus is a high priority for the Committee. To
ensure that a proper mechanism is in place to enforce sexual
harassment and sexual assault policies, the Committee directs
the GAO to submit a report to the House and Senate Committees
on Appropriations not later than 120 days after enactment of
this Act, that determine whether the USMMA should be subject to
the protections and requirements of Title IX, the UCMJ, or any
other laws designed to ensure that campuses remain free of
sexual harassment and assault.
Further, the Committee notes no consequences currently
exist for those that retaliate against student survivors who
report sexual assault. The Committee requires MARAD and the
USMMA to create and implement a plan to combat retaliation
against student sexual assault survivors and determine
consequences for retaliation. The plan shall be submitted to
the House and Senate Committees on Appropriation by not later
than 120 days after enactment of this Act.
The Committee notes that MARAD has and will continue to
support the USMMA Board of Visitors, as required by 46 USC
51312(g). Further, the Committee looks forward to receiving
MARAD's review of existing statutory authorities and
impediments to effective and efficient operations.
ASSISTANCE TO SMALL SHIPYARDS
Appropriation, fiscal year 2018....................... $20,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +20,000,000
As authorized under section 54101 of title 46, the
Assistance to Small Shipyards program provides assistance in
the form of grants, loans, and loan guarantees to small
shipyards for capital improvements and training programs.
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for Assistance to
Small Shipyards, equal to the fiscal year 2018 level and
$20,000,000 above the budget request.
SHIP DISPOSAL
Appropriation, fiscal year 2018....................... $116,000,000
Budget request, fiscal year 2019...................... 30,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -111,000,000
Budget request, fiscal year 2019.................. -25,000,000
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 $5,000,000 for ship disposal
activities, $111,000,000 below the fiscal year 2018 funding
level and $25,000,000 below the budget request. The
recommendation includes $3,000,000 to maintain the NS SAVANNAH
in protective storage in accordance with the Nuclear Regulatory
Commission's license requirements while it is being disposed.
Funds are available until expended. The Committee notes that it
provided adequate funding in fiscal year 2018 to fully dispose
of the NS SAVANNAH.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM
Appropriation, fiscal year 2018....................... $3,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2018................... -3,000,000
Budget request, fiscal year 2019.................. - - -
The maritime guaranteed loan program, as provided for by
Title XI of the Merchant Marine Act of 1936, provides for
guaranteed loans for purchasers of ships from the U.S.
shipbuilding industry and for modernization of U.S. shipyards.
COMMITTEE RECOMMENDATION
The Committee provides no appropriation under this heading,
but provides administrative funding for the maritime guaranteed
loan program under the ``National Surface Transportation and
Innovative Finance Bureau'' account under the Office of the
Secretary of Transportation, consistent with the budget
request.
ADMINISTRATIVE PROVISIONS
Section 170. The Committee continues a provision that
allows the Maritime Administration to furnish utilities and
services and make repairs in connection with 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 includes a provision modifying
penalty wages regarding foreign and intercostal voyages and
coast-wise voyages.
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
The Pipeline and Hazardous Materials Safety Administration
(PHMSA) administers nationwide safety programs designed to
protect the public and the environment from risks inherent in
the commercial transportation of hazardous materials by
pipeline, air, rail, vessel, and highway. Many of these
materials are essential to the national economy. The agency's
highest priority is safety, and it uses safety management
principles and security assessments to promote the safe
transport of hazardous materials and the security of the
nation's pipelines.
OPERATIONAL EXPENSES
Appropriation, fiscal year 2018....................... $23,000,000
Budget request, fiscal year 2019...................... 23,710,000
Recommended in the bill............................... 23,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. -710,000
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 $23,000,000 for PHMSA operational
expenses. This is the same as the fiscal year 2018 enacted
level, and $710,000 below the budget request. The
recommendation does not include the budget proposal to combine
the community safety grant and pipeline safety information
grant programs.
HAZARDOUS MATERIALS SAFETY
Appropriation, fiscal year 2018....................... $59,000,000
Budget request, fiscal year 2019...................... 52,070,000
Recommended in the bill............................... 59,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +6,930,000
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 $59,000,000, which is the same as
the fiscal year 2018 enacted level and $6,930,000 above the
budget request. This funding level supports the agency's
existing hazardous materials safety program, including prior
year increases provided to support the safe transport of energy
products.
Inland ports of entry.--The Committee directs PHMSA to work
with local governments at international inland ports of entry
with a high volume of hazardous materials crossing the border
to reduce the risk associated with crossing and storing
hazardous material and to enhance the capacity of local
officials in dealing with threats of hazardous materials
incidents. The Committee directs DOT to report back to the
Committee on its progress within 90 days of enactment of this
Act.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
(Underground
(Oil spill natural gas
(Pipeline liability trust storage Total
safety fund) fund) facility safety
fund)
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2018............. $131,000,000 $23,000,000 $8,000,000 $162,000,000
Budget request, fiscal year 2019............ 119,200,000 23,000,000 8,000,000 150,200,000
Recommended in the bill..................... 134,000,000 23,000,000 8,000,000 165,000,000
Bill compared to:
Appropriation, fiscal year 2018......... +3,000,000 - - - - - - +3,000,000
Budget request, fiscal year 2019........ +14,800,000 - - - - - - +14,800,000
----------------------------------------------------------------------------------------------------------------
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 $165,000,000 to continue pipeline
safety operations, research and development, and state grants-
in-aid, which is $3,000,000 above the fiscal year 2018 enacted
level and $14,800,000 above the budget request. Of the total,
$23,000,000 is from the oil spill liability trust fund,
$134,000,000 is from the pipeline safety fund, and $8,000,000
is from the underground natural gas storage facility safety
account within the pipeline safety fund.
The Committee recommendation provides $15,000,000 for
research and development, $53,000,000 for state pipeline safety
grants, $1,058,000 for state one-call grants, and $1,500,000
for state damage prevention grants. PHMSA shall deliver a
report to the House and Senate Committees on Appropriations
within 120 days of enactment that details staffing and hiring
plans for fiscal year 2019 as well as actual turnover and
hiring in fiscal year 2018.
Natural gas storage safety.--The Committee urges the
Administrator of PHMSA to ensure that PHMSA defines levels of
performance, addresses core program activities, and uses
baseline data as it continues developing performance goals for
its natural gas storage program. The Committee directs PHMSA to
report back to the Committee on natural gas storage program
performance goal development within 90 days of enactment of
this Act.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
(Emergency preparedness grant program)
Appropriation, fiscal year 2018....................... ($28,318,000)
Budget request, fiscal year 2019...................... (28,318,000)
Recommended in the bill............................... (28,318,000)
Bill compared to:
Appropriation, fiscal year 2018................... (- - -)
Budget request, fiscal year 2019.................. (- - -)
The Hazardous Materials Transportation Uniform Safety Act
of 1990 (Public Law 101-616) requires PHMSA to: (1) develop and
implement a reimbursable emergency preparedness grant program;
(2) monitor public sector emergency response training and
planning and provide technical assistance to states, political
subdivisions, and Indian tribes; and (3) develop and update
periodically a mandatory training curriculum for emergency
responders.
COMMITTEE RECOMMENDATION
The Committee recommends $28,318,000 for the emergency
preparedness grants program, which is the same as the fiscal
year 2018 enacted level and the budget request.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
Appropriation, fiscal year 2018....................... $92,152,000
Budget request, fiscal year 2019...................... 91,500,000
Recommended in the bill............................... 92,152,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +652,000
The Office of Inspector General was established in 1978 to
provide an objective and independent organization that would be
more effective in: (1) preventing and detecting fraud, waste,
and abuse in departmental programs and operations; and (2)
providing a means of keeping the Secretary of Transportation
and the Congress fully and currently informed of problems and
deficiencies in the administration of such programs and
operations. According to the authorizing legislation, the
Inspector General (IG) is to report dually to the Secretary of
Transportation and to the Congress.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $92,152,000 for the
Office of Inspector General, which is equal to the fiscal year
2018 enacted level and $652,000 above the budget request. The
Committee continues to highly value IG's oversight of
departmental programs and activities.
Unfair business practices.--The bill maintains language
first enacted in fiscal year 2000, which authorizes the OIG to
investigate allegations of fraud and unfair or deceptive
practices and unfair methods of competition by air carriers and
ticket agents.
Audit reports.--The Committee requests the OIG to continue
forwarding copies of all audit reports to the Committee
immediately after they are issued, and to continue to make the
Committee aware immediately of any review that recommends
cancellation or modifications to any major acquisition project
or grant, or which recommends significant budgetary savings.
The OIG is also directed to withhold from public distribution
for a period of 15 days any final audit or investigative report
that was requested by the House or Senate Committees on
Appropriations.
GENERAL PROVISIONS--DEPARTMENT OF TRANSPORTATION
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 183 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 184 prohibits DOT from using funds to make a grant,
loan, loan guarantee, or cooperative agreement, unless DOT
gives a 3-day advance notice to the House and Senate Committees
on Appropriations. The provision also requires notice of any
``quick release'' of funds from FHWA's emergency relief
program, and prohibits notifications from involving funds not
available for obligation. The provision requires DOT to provide
a comprehensive list of all loans, loan guarantees, lines of
credit, cooperative agreements, and discretionary grants that
will be announced with a 3-day advance notice to the House and
Senate Committees on Appropriations.
Section 185 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 186 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to be
made available until expended to cover expenses incurred in
recovery of such payments.
Section 187 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 188 allows funds appropriated to modal
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to that modal administration.
Section 189 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 190 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference not
otherwise authorized by law, only if certain requirements are
met related to availability of local labor, displacement of
existing employees, and delays in transportation plans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
Management and Administration accounts provide operating
support to the Department of Housing and Urban Development.
Funding supports the salaries and expenses of nearly all HUD
employees, as well as certain non-personnel expenses critical
to carrying out HUD's mission, including funding for shared
service agreements. The Committee supports the Department's
efforts to transform the way it does business and encourages
the Department to continue efforts to streamline operations
while making targeted technology and human capital investments.
Budget presentation.--The Committee directs HUD to continue
to clearly identify and explain within its budget request the
movement, reclassification, or transfer of budgetary resources
from one account, program, project, or activity to another
account, program, project, or activity in order to facilitate
year-over-year comparisons. Any programs, projects, or
activities that are newly requested or transferred from
accounts outside Management and Administration shall also be
clearly identified and clearly distinguished from adjustments
to baseline spending.
New initiatives.--The Committee reiterates that the
Department must limit the reprogramming of funds between the
programs, projects, and activities within each account and that
no changes may be made to any program, project, or activity
without prior approval of the House and Senate Committees on
Appropriations. Unless otherwise identified in the bill or
report, the most detailed allocation of budgetary resources
presented in the budget justifications is approved with any
deviation from such approved allocation subject to
reprogramming requirements. All carryover funds, including
recaptures and deobligations, are also subject to reprogramming
requirements.
HUD Management Challenges.--Annually since 1991, the Office
of Inspector General has reported on the lack of an integrated
financial management system at HUD. The Department has been
working to replace its core financial management system since
fiscal year 2003, and has yet to deliver a successful
replacement. Many of the financial challenges and risks are
exacerbated by the Department's outdated information technology
systems, and yet the Department has shown weaknesses in
planning, managing, executing, and appropriately funding its
projects, making it difficult to successfully update outdated
systems. As HUD addresses its future financial management
objectives, it must ensure the project is properly planned and
managed, its objectives are sequentially met during
implementation, and additional funding is spent appropriately.
The Committee expects regular updates on its efforts to correct
these financial management deficiencies and improve information
technology governance.
Housing Opportunity Through Modernization Act.--The
Committee urges HUD to fully implement the Housing Opportunity
Through Modernization Act of 2016.
Broadband infrastructure.--The Committee reminds HUD that
funds dispersed through the Home Investment Partnerships
program, the Public Housing Fund, Choice Neighborhoods, and the
Community Development Block Grant program are applicable to the
construction and rehabilitation of broadband infrastructure in
housing units and communities, along with other necessary
investments in plumbing, electrical, and other utilities.
Executive Offices
Appropriation, fiscal year 2018....................... $14,708,000
Budget request, fiscal year 2019...................... 15,583,000
Recommended in the bill............................... 14,743,000
Bill compared with:
Appropriation, fiscal year 2018................... +35,000
Budget request, fiscal year 2019.................. -840,000
The Executive Offices account funds the salaries and
expenses of the Office of the Secretary, the Office of the
Deputy Secretary, the Office of Congressional and
Intergovernmental Relations, the Office of Public Affairs, the
Office of Adjudicatory Services, the Office of Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships.
The Office of the Secretary provides program and policy
guidance, and operations management and oversight in
administering all programs, functions, and authorities of the
Department.
The Office of the Deputy Secretary provides operations
management and helps the Department achieve its strategic goals
by providing management support to program offices under the
direction of the Office of the Secretary.
The Office of 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 Adjudicatory Services 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 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 $14,743,000, which is $35,000
above the fiscal year 2018 enacted level and $840,000 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.
Notice of HUD assistance.--HUD provides many different
types of financial assistance to accomplish the missions of
housing and development. Grants, loans, mortgages, contracts,
and cooperative agreements are provided in support of many
different types of stakeholders including individuals, public
housing authorities, not-for-profit organizations, states and
governors, mayors and cities, and landlords. As a consequence,
there is no single HUD point of contact in a given community,
or one single grant recipient and it is difficult to
comprehensively track all of HUD's investments, projects, and
programs across a single community. The Committee directs the
Secretary, either though the various program offices or through
technical assistance initiatives, to notify local officials
where HUD assistance is, or will be, used for new construction,
hazard remediation, or substantial rehabilitation of
multifamily units, public buildings, or other projects which
involve the construction of or rehabilitation of properties
other than single family homes.
ADMINISTRATIVE SUPPORT OFFICES
Appropriation, fiscal year 2018....................... $518,303,000
Budget request, fiscal year 2019...................... 507,372,000
Recommended in the bill............................... 525,657,000
Bill compared with:
Appropriation, fiscal year 2018................... +7,354,000
Budget request, fiscal year 2019.................. +18,285,000
The Administrative Support Offices (ASO) account funds the
salaries and expenses of the Office of the Chief Financial
Officer, the Office of the General Counsel, the Office of
Administration, the Office of the Chief Human Capital Officer,
the Office of Field Policy and Management, the Office of the
Chief Procurement Officer, the Office of Departmental Equal
Employment Opportunity, the Office of Business Transformation,
and the Office of the Chief Information Officer.
The Office of the Chief Financial Officer (CFO) provides
leadership in instituting financial integrity, fiscal
responsibility, and accountability. The CFO is responsible for
all aspects of financial management, accounting, and budgetary
matters; ensuring the Department establishes and meets
financial management goals and objectives; ensuring the
Department is in compliance with financial management
legislation and directives; analyzing budgetary implications of
policy and legislative proposals; and providing technical
oversight with respect to all budget activities throughout the
Department.
The General Counsel, as the chief legal officer and legal
voice of the Department, is the legal adviser to the Secretary
and other principal staff of the Department. It is the
responsibility of the Office of the General Counsel (OGC) to
provide legal opinions, advice and services with respect to all
programs and activities, and to provide counsel and assistance
in the development of the Department's programs and policies.
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 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 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 Business Transformation (OBT), formerly known
as the Office of Strategic Planning and Management, is
responsible for driving organizational, programmatic, and
operational changes across HUD to maximize agency performance.
OBT facilitates the Department-wide strategic planning process
by identifying strategic priorities and change initiatives,
monitoring key performance measures, and implementing and
overseeing formula and competitive grants.
The Office of the Chief Information Officer is led by the
Chief Information Officer (CIO) who reports to the Office of
the Secretary/Deputy Secretary. HUD's CIO advises senior
managers on the strategic use of information technology to
support core business processes and to achieve mission critical
goals. OCIO is responsible for providing modern information
technology that is secure, accessible and cost effective while
ensuring compliance with applicable regulatory requirements.
COMMITTEE RECOMMENDATION
The Committee recommends $525,657,000 for this account,
which is $7,354,000 above the fiscal year 2018 enacted level
and $18,285,000 above the budget request.
Funding specified for each office is as follows:
------------------------------------------------------------------------
Office
------------------------------------------------------------------------
Office of the Chief Financial Officer................... 49,556,000
Office of General Counsel............................... 96,307,000
Office of Administration................................ 211,408,000
Office of the Chief Human Capital Officer............... 45,688,000
Office of the Field Policy and Management............... 51,822,000
Office of the Chief Procurement Officer................. 18,370,000
Office of Departmental Equal Employment Opportunity..... 3,542,000
Office of Business Transformation....................... 4,197,000
Office of the Chief Information Officer................. 44,767,000
------------------------------------------------------------------------
Program Office Salaries and Expenses
PUBLIC AND INDIAN HOUSING
Appropriation, fiscal year 2018....................... $216,633,000
Budget request, fiscal year 2019...................... 209,473,000
Recommended in the bill............................... 215,689,000
Bill compared with:
Appropriation, fiscal year 2018................... -944,000
Budget request, fiscal year 2019.................. +6,216,000
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 $215,689,000 for this account,
which is the $944,000 below the fiscal year 2018 enacted level,
and $6,216,000 above the budget request.
COMMUNITY PLANNING AND DEVELOPMENT
Appropriation, fiscal year 2018....................... $107,554,000
Budget request, fiscal year 2019...................... 105,906,000
Recommended in the bill............................... 109,689,000
Bill compared with:
Appropriation, fiscal year 2018................... +2,135,000
Budget request, fiscal year 2019.................. +3,783,000
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 Partnership (HOME), Homeless
Assistance Grants, and other HUD community development
programs.
COMMITTEE RECOMMENDATION
The Committee recommends $109,689,000 for this account,
which is $2,135,000 above the fiscal year 2018 enacted level,
and $3,783,000 above the budget request.
HOUSING
Appropriation, fiscal year 2018....................... $383,000,000
Budget request, fiscal year 2019...................... 359,448,000
Recommended in the bill............................... 370,222,000
Bill compared with:
Appropriation, fiscal year 2018................... -12,778,000
Budget request, fiscal year 2019.................. +10,774,000
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 $370,222,000 for this account,
which is $12,778,000 below the fiscal year 2018 enacted level
and $10,774,000 above the budget request.
POLICY DEVELOPMENT AND RESEARCH
Appropriation, fiscal year 2018....................... $24,065,000
Budget request, fiscal year 2019...................... 25,366,000
Recommended in the bill............................... 25,056,000
Bill compared with:
Appropriation, fiscal year 2018................... +991,000
Budget request, fiscal year 2019.................. -310,000
The Office of Policy Development and Research (PD&R)
directs the Department's annual research agenda to support the
research and evaluation of housing and other departmental
initiatives to improve HUD's effectiveness and operational
efficiencies. Research proposals are determined through
consultation with senior staff from each HUD program office,
the Office of Management and Budget, and Congress.
COMMITTEE RECOMMENDATION
The Committee recommends $25,056,000 for this account,
which is $991,000 above the fiscal year 2018 enacted level and
$310,000 below the budget request.
FAIR HOUSING AND EQUAL OPPORTUNITY
Appropriation, fiscal year 2018....................... $69,808,000
Budget request, fiscal year 2019...................... 71,312,000
Recommended in the bill............................... 71,312,000
Bill compared with:
Appropriation, fiscal year 2018................... +1,504,000
Budget request, fiscal year 2019.................. - - -
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 $71,312,000 for this account,
which is $1,504,000 above the fiscal year 2018 enacted level
and equal to the budget request.
The Committee directs the Department to expeditiously issue
the Equal Access Rule Guidance that was requested in fiscal
year 2016 in House Report 114-129.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES
Appropriation, fiscal year 2018....................... $7,600,000
Budget request, fiscal year 2019...................... 7,540,000
Recommended in the bill............................... 8,303,000
Bill compared with:
Appropriation, fiscal year 2018................... +703,000
Budget request, fiscal year 2019.................. +763,000
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 $8,303,000 for this account, which
is $703,000 above the fiscal year 2018 enacted level and
$763,000 above the budget request.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The Department of Housing and Urban Development's Working
Capital Fund (WCF) was established by the Consolidated
Appropriations Act, 2016 to consolidate by transfer resources
that support certain centrally performed administrative
functions. The purpose of the WCF is to promote economy,
efficiency, and accountability among the various HUD offices
that rely on these functions.
COMMITTEE RECOMMENDATION
The Committee's recommendation provides the Secretary with
the authority to transfer amounts provided in this title for
salaries and expenses, except those for the Office of Inspector
General, to this account for the purpose of funding centralized
activities. The Department is required to centralize and fund
from this account any shared service agreements executed
between HUD and another Federal agency. For fiscal year 2019,
the Department is permitted to centralize and fund from this
account: financial management, procurement, travel, relocation,
human resources, printing, records management, space
renovation, furniture, supply services, the management data
initiative, and working capital fund operations. The Committee
expects that, prior to exercising discretion to centrally fund
an activity, the Secretary shall have established transparent
and reliable unit cost accounting for the offices and agencies
of the Department that use the activity, and shall have
adequately trained staff within each affected office and agency
on resource planning and accounting processes associated with
the centralization of funds to this account.
Prior to exercising its authority to transfer funds for
activities beyond what is required for shared service
agreements, the Committee expects HUD to establish a clear
execution plan for centralizing the additional activities, and
to transmit that plan to the House and Senate Committees on
Appropriations 30 days prior to transferring such funds into
the WCF.
HUD shall include in its annual operating plan a detailed
outline of its plans for transferring budgetary resources to
the WCF in fiscal year 2019.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2018....................... $22,015,000,000
Budget request, fiscal year 2019...................... 20,549,749,000
Recommended in the bill............................... 22,476,613,000
Bill compared with:
Appropriation, fiscal year 2018................... +461,613,000
Budget request, fiscal year 2019.................. +1,926,864,000
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 $22,476,618,000 for tenant-based
rental assistance, which is $461,613,000 above the fiscal year
2018 enacted level and $1,926,864,000 above the budget request.
Consistent with the budget request, the Committee continues the
advance of $4,000,000,000 of the funds appropriated under this
heading for Section 8 programs to October 1, 2019.
Voucher renewals.--The Committee provides $20,106,613,000
for the renewal of tenant-based vouchers. This level is
$506,613,000 above the fiscal year 2018 enacted level and
$1,357,864,000 above the budget request. The Committee directs
the Department to monitor and report to the House and Senate
Committees on Appropriations each quarter on the trends in
Section 8 subsidies and to report on the required program
alterations due to changes in rent or changes in tenant income.
Veterans affairs supportive housing (VASH).--To continue
the effort to eliminate homelessness among our Nation's
veterans, the Committee provides $40,000,000 for new,
incremental vouchers dedicated to vulnerable veteran
households. This level is the same as the fiscal year 2018
enacted level and $40,000,000 above the budget request. In
addition, adequate funding within the voucher renewal
appropriation is available to renew all eligible VASH vouchers
funded in prior years.
Since 2008, the Committee has provided more than
$500,000,000 in targeted funding to increase the number of VASH
vouchers available to address veteran homelessness and billions
of dollars have been made available to renew VASH vouchers over
the same period. Communities across the country have been able
to use these resources to make tremendous strides in addressing
veteran homelessness. According to the Department of Veterans
Affairs (VA), a number of diverse communities across the
country have been able to announce an effective end to veteran
homelessness. These successes are the result of hard work, and
effective collaboration, and are aspirational for the rest of
the country.
For this reason, the Committee encourages the Department to
use existing authority to recapture HUD-VASH voucher assistance
from public housing agencies (PHAs) that voluntarily declare
that they no longer have a need for that assistance, and
reallocate it to PHAs with an identified need. The Committee
directs HUD to expedite this process to ensure that communities
that have successfully ended veterans' homelessness enable
other communities to assist this population. The Committee
directs the agency to report to Congress on its plan to
implement this section within 120 days of enactment of this
Act.
The Committee notes that there are many homeless veterans
living on the U.S.-Mexico border, many of whom have not
historically been counted in the point-in-time homeless survey.
The Committee directs HUD to take action to ensure that HUD-
VASH vouchers are made available to this unique population. The
Committee further directs HUD to develop strategies and
recommendations for addressing and reducing veteran
homelessness on the U.S.-Mexico border, and to provide a report
on its efforts within 90 days of enactment of this Act.
Vouchers for homeless Native American veterans.--The
Committee provides $5,000,000 for renewal of vouchers for
Native American veterans who are homeless or at risk of
homelessness living on or near a reservation, or other Indian
areas. This program was first funded in fiscal year 2015, and
because of the unique nature of the program, a separate renewal
line is required. These resources are in addition to VASH
appropriations included within voucher renewal funding.
The Committee is concerned with reports that significant
delays in the process for hiring case managers required by HUD
for Tribal HUD-VASH have prevented some tribes and tribally
designated housing entities from fully implementing their
programs. The rural and remote nature of many Native
communities presents unique barriers to hiring and retaining
qualified professionals who meet the VA's standards for case
managers. The Committee directs HUD to work collaboratively
with the VA and Tribal HUD-VASH funding recipients to end
current delays, prevent future delays, and address the
associated negative impacts. In addition, the Committee urges
HUD to ensure that Tribal HUD-VASH funding recipients unable to
fully implement their program due to hiring delays are not
treated inequitably due to the delays, particularly in
performance evaluations and when applying for continued
funding.
Tenant protection.--The Committee provides $85,000,000 for
tenant protection vouchers, which is the same as the fiscal
year 2018 enacted level and $55,000,000 below the budget
request. The Committee rejects proposals included in the budget
to make strategic reductions in public housing and therefore
does not anticipate a need for increased tenant protection
funding.
Administrative fees.--The Committee provides $1,800,000,000
for allocations to public housing authorities (PHAs) to conduct
activities associated with placing and maintaining individuals
under Section 8 assistance. This amount is $40,000,000 above
the fiscal year 2018 enacted level and $250,000,000 above the
budget request. The Committee increases the amount of funding
to be distributed at the discretion of the Secretary and
directs the Secretary to prioritize the needs of PHAs that
participate in the mobility demonstration or have been impacted
by disasters when awarding these funds.
Section 811 mainstream vouchers.--The Committee provides
$390,000,000 for Section 811 tenant-based subsidies. This level
is $115,000,000 below the fiscal year 2018 enacted level and
$283,000,000 above the budget request. The fiscal year 2018
appropriation made a historic expansion of this program and
provided over 40,000 incremental vouchers, more than
quadrupling the federal commitment to this especially
vulnerable population. The recommended funding level covers not
only anticipated renewal costs for fiscal year 2019 but also
provides for at least 30,000 additional vouchers. However,
because of the time needed to award and lease the new vouchers
provided in 2018, only a partial year of renewal funding is
required and the appropriation is therefore reduced. The
Committee directs HUD to issue guidance to the housing agencies
administering these vouchers, and restricts the use of these
new section 811 vouchers to persons with disabilities who are
non-elderly at the time of admission. These vouchers, and the
vouchers provided in prior years that are renewed under this
subaccount, shall be upon turnover issued only to non-elderly
persons with disabilities.
Family mobility demonstration.--The Committee
recommendation includes $50,000,000 to implement a family
mobility demonstration. Many families served by HUD face
significant barriers to economic opportunity and improved self-
sufficiency. Low-income families, including voucher holders,
tend to be concentrated in high-poverty neighborhoods where
schools are under-resourced, transportation is limited, and
well-paying jobs are scarce. This demonstration will harness
the power of the housing choice voucher platform to help
families with children seek housing and successfully move to
privately-owned units in lower-poverty areas. A growing body of
research finds that when families move to higher opportunity
areas with less poverty, more jobs, and quality schools, their
children experience significant earnings and educational
attainment improvements that persist into adulthood. The
persistence of the improved outcomes for children is remarkable
and gives hope that family mobility could hold the key to
arresting generational poverty in families served by HUD.
The purpose of the demonstration is to implement and study
the ways that housing and service providers can effectively
counsel families on neighborhood choice, remove barriers, and
support successful moves to low-poverty areas. Within the
recommended funding, no less than $30,000,000 is available to
support PHA programs designed to empower families to
successfully move to, and remain in, lower-poverty areas. These
funds may be used to deliver mobility services to families,
including pre- and post-move counseling, rent deposits, as well
as to offset the administrative costs of operating a mobility
program. In addition, up to $20,000,000 is available for
incremental housing vouchers for families with children that
participate in the demonstration and these new vouchers shall
remain dedicated to families with children upon turnover.
The Committee expects HUD to use this demonstration to
identify regulatory and administrative barriers to housing
mobility and cost-effective strategies to facilitate and
promote mobility to low-poverty areas. The Department is
expected to prioritize no less than $3,000,000 within the
Policy Development and Research account for a systematic
evaluation of the approaches employed under this demonstration.
Section 8 Management Assessment Program.--The Section Eight
Management Assessment Program (SEMAP) reports to Congress in
2002 and 2003 stated, ``Most non-audit Housing Choice Voucher
submitters under SEMAP are rated on a maximum of 55 points (65
points if they operate a Family Self Sufficiency Program)
versus larger programs that are scored on a maximum range in
most cases of between 135 and 150 points. . . .'' Due to this
approach, unaudited, smaller PHAs may be more susceptible to a
troubled designation. Because they are rated on fewer
indicators and thus a smaller number of points, each single
point deduction has a greater impact on their ultimate
performance rating. The Committee directs the Department to
analyze whether this difference in the scoring rubric creates a
fairness problem for unaudited PHAs and to report to the
Committee on how SEMAP scores and related PHA designations
could be revised so that the ultimate performance ratings for
PHAs scored on seven indicators (plus a deconcentration bonus
indicator) are fair when compared with performance ratings for
PHAs that are scored on 14 performance areas (plus a
deconcentration bonus indicator).
Public housing assessment system.--The Committee directs
HUD to study and report back to the House and Senate Committees
on Appropriations on potential changes to the public housing
assessment system for public housing authorities that operate
550 or fewer public housing units and housing choice vouchers
combined by taking into consideration physical inspections and
an annual financial assessment based on current assets and
liabilities. The Department shall deliver a report to the House
and Senate Committees on Appropriations of its findings within
60 days of enactment of this Act. The Committee remains
interested in ways to reduce onerous regulations for small
public housing authorities.
Rental assistance purchasing power.--The Committee is
concerned about the impacts rising rental prices have had on
the Moving to Work (MTW) agencies. HUD is directed to complete
a report within 180 days of enactment on the impacts that
rising rental market prices have had on the purchasing power of
rental assistance vouchers administered by MTW agencies.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The Housing Certificate Fund, until fiscal year 2005,
provided funding for both the project-based and tenant-based
components of the Section 8 program. Project-Based Rental
Assistance and Tenant-Based Rental Assistance are now
separately funded accounts. The Housing Certificate Fund
retains balances from previous years' appropriations.
COMMITTEE RECOMMENDATION
Language is included to allow unobligated balances from
specific accounts to renew or amend Project-Based Rental
Assistance contracts.
RENTAL ASSISTANCE DEMONSTRATION
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... $100,000,000
Recommended in the bill............................... - - -
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. -100,000,000
The Rental Assistance Demonstration was authorized in 2012
to preserve public and other multifamily housing. Under
existing authorities, the program allows units assisted under
various programs to be converted to long-term Section 8
assistance.
COMMITTEE RECOMMENDATION
The Committee recommendation does not include $100,000,000
for the Rental Assistance Demonstration requested in the
budget.
PUBLIC HOUSING CAPITAL FUND
Appropriation, fiscal year 2018....................... $2,750,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 2,750,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +2,750,000,000
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 $2,750,000,000 for the public
housing capital fund, which is the same as the fiscal year 2018
enacted level and $2,750,000,000 above the budget request. The
recommendation does not include the request to eliminate this
account and direct unobligated balances to the Public Housing
Operating Fund. The Committee continues to support a
significant federal commitment to public housing and rejects
multiple proposals included in the budget intended to
facilitate a strategic reduction of the public housing
portfolio.
Within the amounts provided, the Committee directs that:
--No more than $10,000,000 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 includes language to ensure that funds are used only
for repairs needed due to an unforeseen and unanticipated
emergency event or natural disaster that occurs during fiscal
year 2019, or for certain security measures;
--Up to $35,000,000 is for the Resident Opportunity and
Self-Sufficiency (ROSS) program;
--$15,000,000 is provided for the Jobs Plus program to
improve employment opportunities and earnings of public housing
residents; and
--$30,000,000 is provided for competitive grants to support
demolition of physically obsolete public housing properties as
well as associated administrative and relocation costs. The
Department is directed to prioritize grants to applications
that will reduce the total number of units located in high-
poverty areas and that include plans for replacing demolished
units either with new public housing or voucher-supported
housing at a ratio of no less than 1:1.
Physical needs assessment prohibition.--The Committee has
included bill language prohibiting funds for HUD's Physical
Needs Assessment (PNA) requirement for PHAs. Implementation of
PNA requirements on PHAs unnecessarily increases administrative
burdens on PHAs and appears to have no operational benefit for
local housing programs.
PUBLIC HOUSING OPERATING FUND
Appropriation, fiscal year 2018....................... $4,550,000,000
Budget request, fiscal year 2019...................... 3,279,000,000
Recommended in the bill............................... 4,550,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +1,271,000,000
The public housing operating fund subsidizes the costs
associated with operating and maintaining public housing. This
subsidy supplements funding received by public housing
authorities from tenant rent contributions and other income. In
accordance with section 9 of the United States Housing Act of
1937, as amended, funds are allocated by formula to public
housing authorities for the following purposes: utility costs;
anti-crime and anti-drug activities, including the costs of
providing adequate security; routine maintenance cost;
administrative costs; and general operating expenses.
COMMITTEE RECOMMENDATION
The Committee recommends $4,550,000,000 for the federal
share of PHA operating expenses. This amount is the same as the
fiscal year 2018 enacted level and $1,271,000,000 above the
budget request.
Quality assurance of physical inspections.--The Committee
is troubled by reports of deplorable living conditions found in
some HUD-subsidized properties across the country. The scope of
this issue spans geographic regions, highlights systemic
problems, and calls into question the effectiveness of HUD
oversight, and the Real Estate Assessment Center's (REAC)
inspections of HUD-assisted housing. The Committee encourages
the Department to work with the Congress on enforcement
actions, including civil monetary penalties, that HUD can take
to ensure PHAs and landlords maintain the physical quality of
HUD-assisted units. Similarly, while the Committee is
supportive of efforts to quickly issue tenant-protection
vouchers, the issuance of these vouchers is a tacit
acknowledgement that the Department has failed to ensure units
are maintained as decent, safe and sanitary. Additionally,
failure to maintain the physical condition of HUD-assisted
properties results in a loss of critical affordable housing and
tenant protection vouchers are of questionable value to
families that encounter a lack of affordable housing in their
communities. The Committee directs the Department to solicit
comments from stakeholders, including tenants, to identify ways
the Department can improve its inspection protocols and
oversight. The Committee will continue to closely monitor the
Department's efforts and progress and directs the Department to
submit to the House and Senate Committees on Appropriations
within 60 days of enactment of this Act a report identifying
how HUD is improving the inspection process and related
protocols, including quality assurance of inspections,
identified actions yet to be implemented, the status of actions
undertaken, and a timeline for completion of all actions.
Lead assessments in federally-assisted housing.--The
Committee continues to believe that, given the significant
impact lead exposure can have on children and their
development, there continues to be a need for lead inspection
standards within federally assisted housing, including public
housing and the housing choice voucher program. The Committee
believes that the Department has the statutory authority
necessary to require stringent inspections when checking homes
for lead paint. Visual lead inspections have proven at times
insufficient and more rigorous standards such as requiring risk
assessments prior to a family moving into a home should be
considered where appropriate to ensure that children living in
federally-assisted homes are protected from lead poisoning.
Operating fund adjustment factors.--The Committee is
concerned that the Department's current methodology for
calculating formula income and utility expenses for PHAs does
not accurately reflect the reality that many experience
locally. This is especially true for those PHAs that serve
large elderly or disabled populations, or operate on a utility
that is of higher cost than other parts of the country. The
Committee appreciates that the Department takes seriously
concerns raised by PHAs and is reviewing its data and
evaluating alternative approaches. The Committee directs the
Department to report to the House and Senate Committees on
Appropriations within 60 days of enactment of this Act on
alternative methodologies for calculating PHA formula income
for purposes of Operating Fund eligibility.
CHOICE NEIGHBORHOODS INITIATIVE
Appropriation, fiscal year 2018....................... $150,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +150,000,000
COMMITTEE RECOMMENDATION
The Committee recommends $150,000,000 for the Choice
Neighborhoods Initiative Program, which is the same as the 2018
enacted level and $150,000,000 above the budget request. The
Committee encourages the Department to give prior year planning
grant recipients priority consideration when awarding
implementation grants.
FAMILY SELF SUFFICIENCY
Appropriation, fiscal year 2018....................... $75,000,000
Budget request, fiscal year 2019...................... 75,000,000
Recommended in the bill............................... 75,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. - - -
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
2018 enacted level and the same as the budget request. The
Committee expects the Department to prioritize assistance to
individuals and families that results in job stability,
increased tenant incomes, and greater rent contributions.
NATIVE AMERICAN HOUSING BLOCK GRANTS
Appropriation, fiscal year 2018....................... $755,000,000
Budget request, fiscal year 2019...................... 600,000,000
Recommended in the bill............................... 755,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +155,000,000
The Native American Housing Block Grants program,
authorized by the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), provides
funds to American Indian tribes and their Tribally Designated
Housing Entities (TDHEs) to address affordable housing needs
within their communities.
COMMITTEE RECOMMENDATION
The Committee recommends $755,000,000 for the Native
American Housing Block Grants account, which is the same as the
fiscal year 2018 enacted level and $155,000,000 above the
budget request.
--$646,000,000 is for formula grants to tribes as
authorized under title I of the Native American Housing
Assistance and Self-Determination Act of 1996 (NAHASDA);
--$100,000,000 is for competitive grants to be awarded on
the basis of need and administrative capacity to recipients
eligible under NAHASDA;
--$7,000,000 is for training and technical assistance to
Indian housing authorities and TDHEs. Of this amount, no less
than $2,000,000 is for a national organization as authorized
under NAHASDA; and
--$2,000,000 is for Title VI loan guarantees up to
$17,761,989.
Formula grant overfunding.--The Native American Housing
Block Grant allocation formula is based on need as measured in
part by current assisted housing stock. However, housing data
used to calculate allocations in any given year often contains
inaccuracies that are subsequently corrected. These data
revisions result in some Indian tribes having received grants
in excess of their accurate formula allocation which in turn
causes all other Indian tribes to be technically underfunded
for that same year. To address this recurring problem, the
Department has in the past recouped prior year awards made in
excess of eligibility by offsetting current year awards. The
Committee believes that this practice is within the
Department's authority. To ensure that block grants under this
heading are allocated accurately and in accordance with
statutory requirements, the Committee directs the Department to
continue the practice of offsetting formula allocations in
fiscal year 2019 should it receive data indicating that an
overpayment occurred, provided the Department takes action
within 3 years from the date the Formula Response Form is sent
out. If the Department recoups funds from a tribe and a
subsequent appeals process determines that the funds should not
have been recouped, the Committee directs the Department to
increase the tribe's next funding allocation, following the
final appeals determination, equal to the amount of the
improperly recouped funds.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
Credit subsidy:
Appropriation, fiscal year 2018....................... $1,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 1,440,000
Bill compared with:
Appropriation, fiscal year 2018................... +440,000
Budget request, fiscal year 2019.................. +1,440,000
Limitation on guaranteed loans:
Appropriation, fiscal year 2018....................... 270,270,270
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 553,846,140
Bill compared with:
Appropriation, fiscal year 2018................... +283,575,884
Budget request, fiscal year 2019.................. +553,846,140
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 $1,440,000 in new credit subsidy
for the Section 184 loan guarantee program, which is $440,000
above the fiscal year 2018 enacted level and $1,440,000 above
the budget request. This will guarantee a loan volume of
$553,846,140, which is $283,575,884 above the fiscal year 2018
enacted level and $553,846,140 above the budget request.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
(RESCISSION)
Appropriation, fiscal year 2018....................... - - -
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... -5,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -5,000,000
Budget request, fiscal year 2019.................. -5,000,000
Section 184A of the Housing and Community Development Act
of 1992 establishes a loan guarantee program for Native
Hawaiian families who are eligible to reside on Hawaiian home
lands and would otherwise face barriers to acquiring such
financing because of the unique legal status of the Hawaiian
home lands.
COMMITTEE RECOMMENDATION
The Committee recommendation rescinds $5,000,000 in
unobligated balances for the Section 184A loan guarantee
program as requested in the budget. There was no rescission or
appropriation for this account in fiscal year 2018. The program
has been operating on a negative subsidy basis and has
sufficient balances of prior-year loan guarantee limitation to
maintain program operations.
Community Planning and Development
Appropriation, fiscal year 2018....................... $7,669,000,000
Budget request, fiscal year 2019...................... 2,713,000,000
Recommended in the bill............................... 7,554,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -115,000,000
Budget request, fiscal year 2019.................. +4,841,000,000
The Office of Community Planning and Development (CPD) is
responsible for administering the Community Development Block
Grants (CDBG), the Home Investment Partnership (HOME), Housing
Opportunities for Persons with AIDS (HOPWA), Homeless
Assistance Grants (HAG), and other HUD community development
programs. Most of these programs pass Federal funds through to
state and local governments and other entities to address
housing and development needs.
COMMITTEE RECOMMENDATION
The Committee recommends $7,554,000,000 for Community
Planning and Development programs, which is $115,000,000 below
the fiscal year 2018 enacted level and $4,841,000,000 above the
budget request.
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Appropriation, fiscal year 2018....................... $375,000,000
Budget request, fiscal year 2019...................... 330,000,000
Recommended in the bill............................... 393,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +18,000,000
Budget request, fiscal year 2019.................. +$63,000,000
The Housing Opportunities for Persons with AIDS (HOPWA)
program provides states and localities with resources to
address the housing needs of low-income persons living with
HIV/AIDS. Funding is distributed primarily by formula to
qualifying states and metropolitan areas based on the number of
individuals living with HIV/AIDS reported to the Centers for
Disease Control, housing costs, and poverty rates. Government
grantees are required to have a HUD-approved Comprehensive
Plan.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $393,000,000 for the
HOPWA program, which is $18,000,000 above the fiscal year 2018
enacted and $63,000,000 above the budget request. This funding
level is sufficient to ensure that HOPWA grantees are held
harmless due to HOPWA formula modernization. The Committee
recommendation includes formula grants and funding for the
renewal of certain expiring contracts that were previously
funded under HOPWA competitive grants.
COMMUNITY DEVELOPMENT FUND
Appropriation, fiscal year 2018....................... $3,365,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 3,365,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +3,365,000,000
The Community Development Fund, authorized by the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.),
provides funding, primarily through Community Development Block
Grants (CDBG), 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 $3,365,000,000 for the
Community Development Fund account, which is equal to the
fiscal year 2018 enacted level and $3,365,000,000 above the
budget request.
Of the amounts made available:
--$3,300,000,000 is for the CDBG formula program for
entitlement communities and states. This is equal to the fiscal
year 2018 enacted level and $3,300,000,000 above the budget
request; and
--$65,000,000 is for the Indian CDBG program, which is
equal to the fiscal year 2018 enacted level and $65,000,000
above the budget request.
Of the amount provided for the CDBG formula programs,
$7,000,000 is for insular areas, per 42 U.S.C. 5306(a)(2),
which is the same as the fiscal year 2018 enacted level.
The recommendation continues language requiring the
Department to notify grantees of their formula allocation
within 60 days of enactment of this Act.
Resilience.--The Secretary is directed to encourage
grantees of the CDBG program to utilize funds for activities
designed to increase project resilience to harden structures to
withstand severe weather and other natural hazards including
flooding, wind, and other hazards identified by the Secretary.
Distressed Coal Communities.--The Committee encourages the
Department to prioritize technical assistance to assist coal
communities emerge from the economic downturn and help utilize
CDBG funds to revitalize those communities.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation on
Budget authority guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2018. - - - $300,000,000
Budget request, fiscal year 2019 - - - - - -
Recommended in the bill......... - - - 300,000,000
Bill compared with:
Appropriation, fiscal year - - - - - -
2018...........................
Budget request, fiscal year - - - +300,000,000
2019...........................
------------------------------------------------------------------------
The Section 108 Loan Guarantee program is a source of
variable and fixed-rate financing for communities undertaking
projects eligible under the CDBG program.
COMMITTEE RECOMMENDATION
The Committee recommendation continues the Section 108 Loan
Guarantee program as a borrower-paid subsidy program, and
therefore recommends providing no budget authority. The
Committee provides a limit on guaranteed loan volume of
$300,000,000, which is the same as the fiscal year 2018 enacted
level. The budget request did not include a request for this
loan guarantee authority.
HOME INVESTMENT PARTNERSHIPS PROGRAM
Appropriation, fiscal year 2018....................... $1,362,000,000
Budget request, fiscal year 2019...................... 0
Recommended in the bill............................... 1,200,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -162,000,000
Budget request, fiscal year 2019.................. +1,200,000,000
The HOME investment partnerships program provides block
grants to participating jurisdictions (states and units of
general local government) 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 $1,200,000,000 for activities
funded under this account, which is $162,000,000 below the
fiscal year 2018 enacted and $1,200,000,000 above the budget
request.
High-cost metropolitan areas.--The Committee is concerned
that a combination of income concentration and housing supply
constraints in high-productivity metropolitan areas has created
entry limits harmful to geographic and economic mobility. The
Committee directs the Department to report to the House and
Senate Committees on Appropriations to identify metropolitan
areas where such conditions are most prevalent no later than 90
days after the date of enactment of this Act. In addition, the
Committee encourages the Department to recommend best practices
for localities and states to promote the production of new
housing stock in high-cost metropolitan areas.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
Appropriation, fiscal year 2018....................... $54,000,000
Budget request, fiscal year 2019...................... - - -
Recommended in the bill............................... 50,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -4,000,000
Budget request, fiscal year 2019.................. +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 rural capacity building
activities.
The Committee encourages that the Section 4 funds be
awarded competitively to non-profits to aid community
development corporations and community housing development
organizations. Further, the Committee recognizes that the
Section 4 capacity building program strengthens the nation's
lower-income urban and rural communities through the expansion
of affordable housing units.
The Committee commends grantees for leveraging private
funding and encourages continued efforts to attract non-Federal
resources to help carry out activities funded under this
account. The Committee commends grantees for the important role
that they have played on the ground in Texas, Florida, Puerto
Rico, and the U.S. Virgin Islands to help with the recovery
effort following the recent unprecedented disasters.
HOMELESS ASSISTANCE GRANTS
Appropriation, fiscal year 2018....................... $2,513,000,000
Budget request, fiscal year 2019...................... 2,383,000,000
Recommended in the bill............................... 2,571,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +58,000,000
Budget request, fiscal year 2019.................. +188,000,000
The Homeless Assistance Grants account provides funding for
programs under title IV of the McKinney Act, as amended by the
Homeless Emergency Assistance and Rapid Transition to Housing
(HEARTH) Act of 2009. HEARTH Act programs include the Continuum
of Care (CoC) competitive grants, the Emergency Solutions
Grants (ESG) program, and the Rural Housing Stability Grants
program.
COMMITTEE RECOMMENDATION
The Committee recommends $2,571,000,000 for the homeless
assistance grants programs, which is $58,000,000 above the
fiscal year 2018 enacted level and $188,000,000 above the
budget request. The recommendation includes funding to support
Continuum of Care project renewals of no less than
$2,204,000,000, at least $270,000,000 in formula emergency
solutions grants, up to $7,000,000 for the national homeless
data analysis project, up to $40,000,000 for grants for rapid
re-housing projects to reduce unsheltered homelessness in areas
with high rates of unsheltered homelessness, and $50,000,000
for projects and activities that assist survivors of domestic
violence, dating violence, and stalking.
Performance-driven funding awards.--Holding projects
accountable to their ability to demonstrate effectiveness
through performance data is essential to getting the most out
of limited federal resources. The recommendation continues
language which directs the Secretary to direct an increasing
share of funding on the basis of system performance.
Continuum of Care funding reallocation.--The recommendation
includes language that directs the Secretary to prioritize
funding to grantees that, when appropriate, reallocate funding
from lower performing projects to higher performing projects.
Reallocation drives higher return on investment and can also
serve as a mechanism for containing annual inflation.
Timeliness of contracts.--The Committee recognizes that
significant work on housing and homelessness is done by smaller
nonprofit organizations across the country. As an
acknowledgement of their contribution to HUD's goals to address
homelessness, the Committee encourages HUD to ensure these
organizations do not carry a heavy cash flow burden due to the
very slow flow of government contract dollars to these
entities. As such, the Committee encourages HUD to agree to
have all contracts signed and funds available for draw no more
than 45 days beyond the beginning of the normal contract
period.
Rapid Re-Housing Initiative.--Between January 2016 and
January 2017, there was an estimated 9 percent increase in
unsheltered homelessness nationwide. This in part caused total
homelessness to rise for the first time since 2010. The budget
request proposes a new rapid re-housing initiative to address
this recent upsurge in unsheltered homelessness. The Committee
is very concerned with this recent increase in homelessness and
agrees that this problem must be addressed. Accordingly, the
recommendation includes up to $40 million for a rapid re-
housing initiative designed to reduce unsheltered homelessness.
Serving victims of domestic violence and youth.--In recent
years, Congress has appropriated funding under this account for
projects that target specific vulnerable populations. This
includes projects that serve homeless youth, and projects that
serve victims of domestic violence, dating violence, and
stalking. Some of these projects have adopted innovative
approaches to serving homeless at-risk populations that could
also benefit all beneficiaries of the Continuum of Care
program. Therefore, the Committee encourages HUD to ensure that
the core Continuum of Care program accommodates all
populations, including homeless youth and victims of domestic
violence.
Evictions.--The Committee notes that evictions have
increased in recent years. While incomes have stagnated in the
last two decades (adjusted for inflation), the median rent has
increased by 70 percent since 1995, adjusting for inflation.
Estimates suggest that in 2016, there were 4 evictions filed
each minute. To enable communities' flexibility in use of
grants to address local needs, the Committee reminds the
Department that pursuant to PL 111-22, Emergency Solutions
Grants may be used to support families at risk of becoming
evicted, and encourages the Department to remind grantees as
such.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2018....................... $11,515,000,000
Budget request, fiscal year 2019...................... 11,147,000,000
Recommended in the bill............................... 11,747,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +232,000,000
Budget request, fiscal year 2019.................. +600,000,000
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 $11,747,000,000,
including $400,000,000 provided as advance appropriations, for
the annual renewal of project-based contracts. This funding
level is $232,000,000 above the fiscal year 2018 enacted level
and $660,000,000 above the budget request.
The recommendation funds renewals, amendments, and provides
12 months of funding for all contracts in the portfolio to
continue to provide safe, stable affordable housing to
approximately 1.2 million households each year. The funding
level does not assume any rental reforms proposed in the
request.
Performance-based contract administrators (PBCAs).--PBCAs
are public housing agencies, as defined by 42 U.S.C. 1437(a),
which include state and local public housing authorities and
their instrumentalities. They are responsible for conducting
on-site management reviews of assisted properties, adjusting
contract rents, and reviewing, processing, and paying monthly
vouchers, among other tasks. PBCAs have been integral to the
Department's efforts to reduce improper payments, protect
residents, and ensure properties are well maintained.
The Committee has had concerns about HUD's PBCA
solicitation and award procedures and has directed and
continues to direct the Department to solicit and award PBCA
contracts under full and open competition and without
geographic limitation in accordance with the Competition in
Contracting Act and the Federal Acquisition Regulation. In
December 2017, HUD issued a solicitation for PBCA services that
appears to have met the requirements for full and open
competition; however, HUD cancelled it on March 13 to ensure
full consideration of all comments.
The Committee has also been concerned that the structure of
the contacts increases costs and creates potential for
excessive profits. The fees earned by PBCAs are unrelated to
the costs of performing the contract, but instead are based on
the area's fair market rent. HUD also spent hundreds of
millions on incentive fees for performing required tasks on
time and for providing customer service. In addition, the HUD
OIG has reported that the contracts are wasteful and
inefficient.
In 2011, HUD renegotiated 42 of the 53 PBCA contracts to
reduce costs and eliminate needless incentive fees. In doing
so, HUD also increased the basic administrative fee and
eliminated or reduced important PBCA tasks, including the
Management and Occupancy Reviews (MORs). MORs, which include
the critical tasks of income verification and improper
payments, were reinstated on a limited basis, outside of the
contracts, if funds are available. PBCAs indicate that they
continue to earn a margin on the contracts, which are invested
elsewhere.
The Committee is concerned that while PBCAs are investing
their profits in other programs, HUD has eliminated important
PBCA tasks because of inadequate funding. Thus the current
compensation model has resulted in a transfer of funds out of
the PBCA program at a time when some tasks are underfunded.
Further, a Committee analysis of the 2011 and 2012 PBCA bids
indicates that competitive bidding of PBCA contracts could have
saved $80 to $100 million in fiscal year 2017 alone.
While HUD reviews the comments from its most recent
solicitation, the Committee directs HUD to engage the PBCAs and
re-negotiate the current contracts to achieve savings while
ensuring all important tasks are included. The Committee
provides $200,000,000 for PBCA contracts to reflect those
savings.
HOUSING FOR THE ELDERLY
Appropriation, fiscal year 2018....................... $678,000,000
Budget request, fiscal year 2019...................... 601,000,000
Recommended in the bill............................... 632,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -46,000,000
Budget request, fiscal year 2019.................. +31,000,000
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 $632,000,000, which is $46,000,000
below the fiscal year 2018 enacted level and $31,000,000 above
the budget request. This amount will fully fund contract
renewals and amendments in fiscal year 2019 for the elderly
program. The recommendation does not include rental reforms
proposed in the budget request.
The recommendation provides $542,000,000 for the renewal
and amendment of project rental assistance contracts (PRAC), up
to $90,000,000 for service coordinators and the continuation of
congregate services grants, and allows funds for property
inspections and related costs.
The Committee continues to include bill language relating
to the initial contract and renewal terms for assistance
provided under this heading and language allowing funds to be
used for inspections and analysis of data by HUD's real estate
assessment center (REAC) program office.
HOUSING FOR PERSONS WITH DISABILITIES
Appropriation, fiscal year 2018....................... $229,600,000
Budget request, fiscal year 2019...................... 140,000,000
Recommended in the bill............................... 154,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -75,600,000
Budget request, fiscal year 2019.................. +14,000,000
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 $154,000,000 for Section 811
activities, which is $75,600,000 below the fiscal year 2018
enacted level and $14,000,000 above the budget request. This
level will fully fund the project rental assistance and project
assistant contract renewals and amendments in fiscal year 2019.
The Committee continues to include bill language allowing funds
to be used for inspections and analysis of data by HUD's REAC
program office.
HOUSING COUNSELING ASSISTANCE
Appropriation, fiscal year 2018....................... $55,000,000
Budget request, fiscal year 2019...................... 45,000,000
Recommended in the bill............................... 56,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +1,000,000
Budget request, fiscal year 2019.................. +11,000,000
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. This funding is distributed competitively to
support the direct provision of a holistic range of housing
counseling services appropriate to local market conditions and
individual consumer needs.
COMMITTEE RECOMMENDATION
The Committee recommends $56,000,000 for Housing Counseling
Assistance, which is $1,000,000 above the fiscal year 2018
enacted level and $11,000,000 above the budget request. These
funds will help provide quality counseling services to
approximately 1.1 million consumers in fiscal year 2019.
The Committee notes that the economy continues to improve
and foreclosures continue to decline. ATTOM Data Solutions
reports that foreclosure filings for 2017 were reported on
676,535 properties, down 27 percent from 2016 and down 76
percent from a peak of nearly 2.9 million in 2010. The
foreclosure rate has stayed within a historically normal range
for four years, even with the pipeline of legacy foreclosures
resulting from the housing bubble. The Committee, however,
continues to be concerned about foreclosures associated with
the Home Equity Conversion Mortgage Program (HECM). The
Committee directs HUD to distribute not less than $3,000,000 of
funds provided for HECM default counseling services. Further,
the Committee directs HUD to explore ways to track foreclosures
resulting from technical defaults and provide the House and
Senate Committees on Appropriation a proposal not later than 60
days after enactment of this Act.
The Committee continues to provide funding for the
Neighborhood Reinvestment Corporation's core program, which
offers housing counseling services.
The Committee retains bill language that provides two year
funding availability to allow HUD flexibility to obligate
recaptures and unobligated balances to support counseling
activity rather than allowing the funds to expire. The bill
retains language that requires HUD to make grants within 180
days of enactment, 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 2018....................... $14,000,000
Budget request, fiscal year 2019...................... 5,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -9,000,000
Budget request, fiscal year 2019.................. - - -
The rental housing assistance account includes existing
long-term project-based rental assistance contracts covering
affordable housing units under the rent supplement and section
236 rental assistance payment (RAP) programs. Enacted in 1965
and 1974 respectively, these programs created affordable units
for low-income families. Monthly payments are made to project
owners from existing contract balances, and new budget
authority for short-term extensions of expiring contracts and
annual contract amendments. Contract amendments provide
additional subsidy to below-market contracts where rents have
been constrained and owners are unable to adequately service
properties and perform ongoing maintenance.
COMMITTEE RECOMMENDATION
The Committee recommends $5,000,000 in funding for the
rental housing assistance program, which is $9,000,000 below
the fiscal year 2018 enacted level and equal to the budget
request. This appropriation will fully fund contract amendment
and extension needs in fiscal year 2019. 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 2018....................... $11,000,000
Budget request, fiscal year 2019...................... 12,000,000
Recommended in the bill............................... 12,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +1,000,000
Budget request, fiscal year 2019.................. - - -
The National Manufactured Housing Construction and Safety
Standards Act of 1974, as amended by the Manufactured Housing
Improvement Act of 2000, authorizes the Secretary to establish
Federal manufactured home construction and safety standards for
the construction, design, and performance of manufactured
homes. All manufactured homes are required to meet the Federal
standards, and fees are charged to producers to cover the costs
of administering the Act. HUD estimates that there are 8
million manufactured homes built since 1976 that are currently
in use.
COMMITTEE RECOMMENDATION
The Committee recommends up to $12,000,000 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 2018 enacted
level and equal to the budget request. This increase reflects
the growth in production since 2011, which is projected to
continue.
The Committee includes language allowing the Department to
collect fees from program participants for the dispute
resolution and installation programs. These fees are to be
deposited into the trust fund and may be used by the Department
subject to the overall cap placed on the account.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Limitation of Limitation of Administrative
direct loans guaranteed loans contract expenses
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2018.................... $5,000,000 $400,000,000,000 $130,000,000
Budget request, fiscal year 2019.................... 1,000,000 400,000,000,000 150,000,000
Recommended in the bill............................. 1,000,000 400,000,000,000 130,000,000
Bill compared to:
Appropriation, fiscal year 2018................. -4,000,000 - - - - - -
Budget request, fiscal year 2019................ - - - - - - -20,000,000
----------------------------------------------------------------------------------------------------------------
The Federal Housing Administration's (FHA) mutual mortgage
insurance program account includes the Mutual Mortgage
Insurance (MMI) and cooperative management housing insurance
funds. This program account covers unsubsidized programs,
primarily the single-family home mortgage program, which is the
largest of all the FHA programs. These include the Condominium,
Section 203(k) rehabilitation, and Home Equity Conversion
Mortgage programs (HECM) and the multifamily Cooperative
Management Housing Insurance (CMHI) funds. The cooperative
housing insurance program provides mortgages for cooperative
housing projects of more than five units that are occupied by
members of a cooperative housing corporation.
COMMITTEE RECOMMENDATION
The Committee recommends the following limitations on loan
commitments in the MMI program account: $400,000,000,000 for
loan guarantees and $1,000,000 for direct loans. The
recommendation also includes $130,000,000 for administrative
contract expenses. The Committee denies authority to assess a
new fee to augment funding.
Home Equity Conversion Mortgage (HECM).--The Committee
includes bill language that lifts the statutory aggregate cap
of 275,000 HECM loan guarantees in fiscal year 2019. The
Committee has carried similar language in prior years.
Eminent Domain.--The Committee continues to carry bill
language that prohibits financing of properties obtained
through eminent domain. The Committee continues to be concerned
about proposals for local governments to seize underwater
performing mortgages and then refinance them into an FHA
product, and the effects on the housing market, including FHA
primary and refinance market, as well as the broader mortgage
market, interest rates, homeownership, and affordability.
FHA Loan Limit Study.--The Committee looks forward to
receiving the study to determine if counties with a large
geographic size have distorted loan limit calculations and if
loan limits are adequate for distinct subareas.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation of Limitation of
direct loans guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2018. $5,000,000 $30,000,000,000
Budget request, fiscal year 2019 1,000,000 30,000,000,000
Recommended in the bill......... 1,000,000 30,000,000,000
Bill compared to:
Appropriation, fiscal year -4,000,000 - - -
2018...........................
Budget request, fiscal year - - - - - -
2019...........................
------------------------------------------------------------------------
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, which is equal to the fiscal year 2018 enacted
level and the budget request. It includes a limitation of
$1,000,000 for direct loans, which is $4,000,000 below the
fiscal year 2018 enacted level and equal to the budget request.
This program provides short-term purchase money mortgages to
allow non-profit and governmental agencies to acquire single
family properties and resell to low income purchasers. However,
use has declined recently due to the shortage of state/local
government subsidies needed to offset participants' development
costs associated with administering the program.
The Committee directs HUD to evaluate the impact of
including hospitals with more than 50% of total patients
attributable to mental health and substance abuse treatment in
the Section 242 Mortgage Insurance for Hospitals 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 2018. $500,000,000,000 $27,000,000
Budget request, fiscal year 2019 550,000,000,000 24,400,000
Recommended in the bill......... 550,000,000,000 24,400,000
Bill compared to:
Appropriation, fiscal year +50,000,000,000 -2,600,000
2018...........................
Budget request, fiscal year - - - - - -
2019...........................
------------------------------------------------------------------------
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 $550,000,000,000 limitation
on loan commitments for mortgage-backed securities,
$50,000,000,000 above the request, and $24,400,000 for the
personnel costs of GNMA, to be funded by Commitment and
Multiclass fees. The recommendation for personnel costs is
$2,600,000 below the fiscal year 2018 enacted level and equal
to the budget request.
Policy Development and Research
Appropriation, fiscal year 2018....................... $89,000,000
Budget request, fiscal year 2019...................... 85,000,000
Recommended in the bill............................... 92,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +3,000,000
Budget request, fiscal year 2019.................. +7,000,000
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. This appropriation is used
to support HUD evaluation and monitoring activities and to
conduct housing surveys. Finally, funds under this heading are
used to support technical assistance activities to the various
states, communities, and agencies that are charged with
administering HUD's programs and funds.
COMMITTEE RECOMMENDATION
The Committee recommends $92,000,000 for this account,
which is $3,000,000 above the fiscal year 2018 enacted level
and $7,000,000 above the budget request.
Of the activities proposed in the budget, the Committee
recommends up to $50,000,000 for the core research programs,
including market surveys, research support and dissemination,
data acquisition, housing finance studies, research
partnerships, and housing technology.
The Committee recommends $9,000,000 for new and continuing
studies and demonstration evaluations, including the:
Envision Center Evaluation--$2,000,000,
Moving To Work Expansion--$4,000,000,
Rent Reform Demonstration,
Choice Neighborhoods Evaluation, and
Home Equity Conversion Mortgage Study.
Further, the Committee directs HUD to compile and publish
all research work supported by HUD in the prior 5 years within
90 days of enactment of this Act.
Further, the Committee's recommendation includes
$33,000,000 for all technical assistance. Of the funds made
available under technical assistance, $3,000,000 shall be
available on a competitive basis to non-profit or private
sector organizations to provide technical assistance to
distressed cities with a population under 40,000 that were
impacted by a natural disaster.
Of the funds identified for technical assistance to
troubled PHA's, the Committee strongly urges the Department to
target truly troubled or at-risk PHAs requiring assistance to
conduct basic business and housing responsibilities versus
assisting with glitzy and bonus endeavors that reflect the
previous Administration's strategies, such as energy
performance contracts, but do little to fulfill basic needs.
As in prior years, the bill includes a general provision in
Title II that prohibits funds from being used for a doctoral
dissertation research grant program. The bill includes a
general provision in Title II that allows the Department to use
prior year deobligated or unexpended funds made available to
the Office of Policy Development and Research for other
research and evaluations. The Committee provides this authority
under the condition that any new obligations are subject to the
regular reprogramming procedures outlined in Section 405.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
Appropriation, fiscal year 2018....................... $65,300,000
Budget request, fiscal year 2019...................... 62,300,000
Recommended in the bill............................... 65,300,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +3,000,000
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 fair housing
programs, which is equal to the fiscal year 2018 enacted level
and $3,000,000 above the request. Of the total, $24,300,000 is
for the fair housing assistance programs; and $39,200,000 for
the fair housing initiative programs, of which not less than
$7,450,000 is for education and outreach programs. A total of
$300,000 is for the limited English proficiency initiative and
$1,500,000 is for the National Fair Housing Training Academy to
move its training to an on-line platform. The Committee directs
HUD to focus resources on education, outreach, and training
initiatives, and supporting local and state organizations that
conduct investigations and adjudicate claims.
Spend Plan.--The Committee directs the Department to
provide a spend plan for all funds and activities in this
account concurrent with the fiscal year 2019 operating plan and
provide 3 days' notice prior to the announcement of any grant.
Disparate Impact and Insurance.--The Committee notes that
the McCarran-Ferguson Act of 1945 explicitly states that,
``unless a Federal law specifically relates to the business of
insurance, that law shall not apply where it would interfere
with State insurance regulation.''
The Fair Housing Act does not specifically relate to the
business of insurance. In fact, The United States District
Court, Northern Division of Illinois found that ``HUD's
response to the insurance industry's concerns [regarding the
Disparate Impact Rule] was arbitrary and capricious'' and
remanded a portion of the ``Implementation of the Fair Housing
Act's Discriminatory Effects Standard'' rule regarding
insurance back to HUD for further consideration and
explanation.
The Committee is concerned that HUD's response to the
remand continues to assert insurance regulatory authority that
contradicts the McCarran-Ferguson statutory mandate and the
limitations on disparate impact liability set forth by the US
Supreme Court in Texas Department of Housing and Community
Affairs v The Inclusive Communities Project, Inc., 135 S.Ct.
2507 (2015).
Fair Housing.--The Committee is aware that HUD compiles
information regarding fair housing investigations, settlements,
closures and dismissals. The Committee directs HUD, no later
than 90 days of enactment of this Act, to submit a report to
the House and Senate Committees on Appropriation detailing the
total number of Fair Housing and Equal Opportunity
investigations, settlements, closures and dismissals that
occurred over the past year, categorized by State. HUD should
refrain from including any information that may be privileged,
is otherwise protected from disclosure, or that HUD determines
would be detrimental to any investigation, settlement, or case.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
Appropriation, fiscal year 2018....................... $230,000,000
Budget request, fiscal year 2019...................... 145,000,000
Recommended in the bill............................... 230,000,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +85,000,000
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. 1701-1 and 1701-2).
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 $230,000,000 for the lead
programs, which is equal to the fiscal year 2018 enacted level
and $85,000,000 above the budget request.
The Committee recommends no more than $45,000,000 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 2019 operating plan and provide 3 days'
notice prior to the announcement of any grant.
The Committee encourages the Secretary to coordinate
remediation activities performed by healthy homes grantees with
weatherization activities funded through the Department of
Energy's weatherization assistance program when a locality is
served by both programs.
Information Technology Fund
Appropriation, fiscal year 2018....................... $267,000,000
Budget request, fiscal year 2019...................... 260,000,000
Recommended in the bill............................... 240,000,000
Bill compared with:
Appropriation, fiscal year 2018................... -27,000,000
Budget request, fiscal year 2019.................. -20,000,000
The Information Technology Fund finances the information
technology (IT) systems that support departmental programs and
operations, including FHA Mortgage Insurance, housing
assistance and grant programs, as well as core financial and
general operations.
COMMITTEE RECOMMENDATION
The Committee recommends $240,000,000 in direct
appropriations for the IT Fund to support Department-wide
information technology system activities, which is $27,000,000
less than the fiscal year 2018 enacted level and $20,000,000
below the budget request. The Department requires approximately
$300,000,000 simply to operate basic telecommunication services
and existing information technology contracts. This number has
grown by $50,000,000 in the past three years due to HUD's
inability to retire obsolete, unproductive, and expensive
information technology systems.
The Committee strongly urges HUD to continue refining the
services and contracts under the Department's Working Capital
Fund so that IT services can be funded by the users.
The Committee directs HUD to continue with efforts to
retire obsolete, unproductive, and expensive information
technology systems, and streamline and consolidate current
services contracts in an effort to direct resources for higher
priority and more effective systems. The Committee commends the
Department's efforts for a Department-wide technology
assessment of all applications and platforms used at HUD, and
recommends the savings found from the consolidation and
simplification of the architecture go towards the development,
modernization, and enhancement of HUD's IT systems.
Office of Inspector General
Appropriation, fiscal year 2018....................... $128,082,000
Budget request, fiscal year 2019...................... 128,000,000
Recommended in the bill............................... 128,082,000
Bill compared with:
Appropriation, fiscal year 2018................... 0
Budget request, fiscal year 2019.................. +82,000
The Office of Inspector General (IG) provides agency-wide
audit and investigative functions to identify and correct
management and administrative deficiencies that create
conditions for existing or potential instances of waste, fraud,
and mismanagement. The audit function provides internal audit,
contract audit, and inspection services. Contract audits
provide professional advice to agency contracting officials on
accounting and financial matters relative to negotiation,
award, administration, re-pricing, and settlement of contracts.
Internal audits evaluate all facets of agency operations.
Inspection services provide detailed technical evaluations of
agency operations. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $128,082,000 for the Office of
Inspector General, which is equal to the fiscal year 2018
enacted level and $82,000 greater than the budget request.
The Committee has found the reports and investigations
undertaken by the IG over the past few years to be interesting
and pertinent to the work of the Committee.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSION)
Section 201 splits overpayments evenly between Treasury
and State HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of 1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2020 be submitted in the
identical account and sub-account structure provided in this
Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility, and includes consideration for persons
with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 213 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 214 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 215 allows the Section 108 loan guarantee program
to guarantee notes or other obligations issued by any State on
behalf of non-entitlement communities in the State.
Section 216 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 217 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limit established in QHWRA.
Section 218 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 219 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2019.
Section 220 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations,
and requires the Department to submit a spend plan to the House
and Senate Committees on Appropriations.
Section 221 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Office Salaries and Expenses'' to any other office
funded under such headings.
Section 222 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 223 places a salary and bonus limit on public
housing agency officials and employees.
Section 224 authorizes HUD to obligate balances previously
made available under the heading ``Choice Neighborhoods
Initiative'' until September 30, 2019.
Section 225 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 226 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 227 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 228 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants under section 106 of the Housing
and Community Development Act of 1974.
Section 229 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 230 prohibits funds to be used for financial awards
for employees subject to an administrative discipline decision
in the past two years.
Section 231 authorizes the Secretary on a limited basis to
use funds available under the ``Homeless Assistance Grants''
heading to participate in the multiagency Performance
Partnership Pilots program.
Section 232 allows program income as an eligible match for
2016, 2017, 2018, and 2019 Continuum of Care funds.
Section 233 permits HUD to provide one year transition
grants under the continuum of care program with no more than 50
percent of the grant provided for costs of eligible activities
of the program component originally funded.
Section 234 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Further Fair Housing Assessment Tool''.
Section 235 limits the applicability of sections 218(g) and
231(b) of the Cranston-Gonzalez National Affordable Housing
Act.
Section 236 prohibits funds from being used to interfere
with State and local inspections of public housing units.
Section 237 rescinds certain unobligated balances from the
Indian Housing Loan Guarantee Fund Program account.
Section 238 authorizes a housing choice voucher mobility
demonstration.
Section 239 repeals a reporting requirement.
TITLE III--RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2018....................... $8,190,000
Budget request, fiscal year 2019...................... 8,400,000
Recommended in the bill............................... 8,400,000
Bill compared with:
Appropriation, fiscal year 2018................... +210,000
Budget request, fiscal year 2019.................. - - -
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 $8,400,000 for the operations of
the Access Board, which is $210,000 greater than the fiscal
year 2018 enacted level and equal to the budget request.
Federal Maritime Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2018....................... $27,490,000
Budget request, fiscal year 2019...................... 27,490,000
Recommended in the bill............................... 27,490,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. - - -
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 monitors ocean common carriers,
marine terminal operators, conferences, ports, and ocean
transportation intermediaries to ensure they maintain just and
reasonable practices. Among other activities, FMC also
maintains a trade monitoring and enforcement program, monitors
the laws and practices of foreign governments and their impacts
on shipping conditions in the U.S., and enforces special
regulatory requirements as they apply to controlled carriers.
The principal shipping statutes administered by the FMC are
the Shipping Act of 1984 (46 U.S.C. 40101-41309), the Foreign
Shipping Practices Act of 1988 (46 U.S.C. 42301-42307), Section
19 of the Merchant Marine Act, 1920 (46 U.S.C. 42101-42109),
Public Law 89-777 (46 U.S.C. 44101-44106).
COMMITTEE RECOMMENDATION
The Committee recommends $27,490,000 for the Federal
Maritime Commission. This amount is equal to the fiscal year
2018 enacted level, and equal the budget request. Of the funds
provided, up to $437,817 is available for the Office of
Inspector General.
National Railroad Passenger Corporation (Amtrak)
Office of Inspector General
SALARIES AND EXPENSES
Appropriation, fiscal year 2018....................... $23,274,000
Budget request, fiscal year 2019...................... 23,274,000
Recommended in the bill............................... 23,274,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. - - -
The Amtrak Inspector General is an independent, objective
unit responsible for detecting and preventing fraud, waste,
abuse, and violations of law and for promoting economy,
efficiency and effectiveness at Amtrak.
COMMITTEE RECOMMENDATION
The Committee recommends $23,274,000 for Amtrak's Office of
Inspector General (Amtrak OIG), which is equal to the fiscal
year 2018 enacted level and the budget request. The recommended
level will allow Amtrak OIG to undertake audits, evaluations,
and investigations and will ensure the OIG's effective
oversight of Amtrak's programs and operations.
The OIG's efforts have resulted in valuable studies and
recommendations for this Committee and for the Corporation that
have yielded cost savings and management improvements. These
studies have been in a number of areas, including food and
beverage service, capital planning, overtime, and fraud. In
addition, Amtrak OIG has been instrumental in developing an
audit process to review invoices and identifying overpayments.
National Transportation Safety Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2018....................... $110,400,000
Budget request, fiscal year 2019...................... 108,000,000
Recommended in the bill............................... 110,400,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +2,400
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 $110,400,000 for the salaries and
expenses of the NTSB, which is equal to the fiscal year 2018
enacted level and $2,400 greater than the budget request.
NTSB Academy.--The agency is encouraged to continue to seek
additional opportunities to lease out, or otherwise generate
revenue from the NTSB Academy, so that the agency can
appropriately focus its resources on the important
investigative work that is central to the agency's mission. In
addition, the agency is again directed to submit detailed
information on the costs associated with the NTSB Academy, as
well as the revenue the facility is expected to generate, as
part of the fiscal year 2019 budget request.
FIU Bridge Collapse.--The Committee is concerned by the
recent collapse of the pedestrian walkway bridge at Florida
International University and requests that the NTSB, within 180
days, provide the Committee with a report that details: (1) any
prior safety violations during construction or structural
deficiencies related to design or construction flaws in bridge
projects involving any of the firms involved in the design,
construction, and inspection of the structure, or their
contractors; and (2) any criminal conviction of these firms for
alleged design or construction deficiencies. In addition, the
report shall include a list of all firms which have received
Federal funding from the Department and that have a history of
accidents, violations, and/or structural deficiencies with
frequencies greater than those that would be consistent with
construction completed with the appropriate focus on the safety
and security of workers and the public requisite for these
types of projects.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
Appropriation, fiscal year 2018....................... $140,000,000
Budget request, fiscal year 2019...................... 27,400,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2018................... +10,000,000
Budget request, fiscal year 2019.................. +122,600,000
The Neighborhood Reinvestment Corporation (NRC) was created
by the Neighborhood Reinvestment Corporation Act (title VI of
the Housing and Community Development Amendments of 1978).
Neighborhood Reinvestment Corporation now operates under the
trade name `NeighborWorks America.' NeighborWorks America helps
local communities establish working partnerships between
residents and representatives of the public and private
sectors. These partnership-based organizations are independent,
tax-exempt, community-based nonprofit entities, often referred
to as NeighborWorks organizations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $150,000,000
for fiscal year 2019, which is $10,000,000 above the fiscal
year 2018 enacted level and $122,600,000 above the budget
request.
Surface Transportation Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2018....................... $37,100,000
Budget request, fiscal year 2019...................... 37,100,000
Recommended in the bill............................... 37,100,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. - - -
The Surface Transportation Board (STB) was created in the
Interstate Commerce Commission Termination Act of 1995 and is
the successor agency to the Interstate Commerce Commission. The
STB is an economic regulatory and adjudicatory body charged by
Congress with resolving railroad rate and service disputes and
reviewing proposed railroad mergers, as the regulation of other
surface transportation carriers, including intercity bus
industry and surface pipeline carriers, and household-good
carriers. The Surface Transportation Board Reauthorization Act
of 2015 (P.L. 114-110) established the Board as a wholly
independent agency and expanded the Board's membership from
three to five Board Members.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $37,100,000
for fiscal year 2019, which is equal to the fiscal year 2018
enacted level and to the budget request. The STB is estimated
to collect $1,250,000 in fees, which will offset the
appropriation for a total program cost of $35,850,000.
United States Interagency Council on Homelessness
OPERATING EXPENSES
Appropriation, fiscal year 2018....................... $3,600,000
Budget request, fiscal year 2019...................... 630,000
Recommended in the bill............................... 3,600,000
Bill compared with:
Appropriation, fiscal year 2018................... - - -
Budget request, fiscal year 2019.................. +2,970,000
The mission of the United States Interagency Council on
Homelessness (USICH) is to coordinate multi-agency Federal
response to homelessness.
COMMITTEE RECOMMENDATION
The Committee recommends $3,600,000 for continued
operations of the United States Interagency Council on
Homelessness.
The Committee recognizes the value of trauma-informed care
and housing services and supports expanding the availability of
these services to families, families with children, and
individuals that are currently or on the verge of being
homeless. Therefore, the Committee directs USICH to report to
the House and Senate Committees on Appropriations within 180
days of enactment on what steps can be taken to improve access
to services across all federal, state, and local homeless
services, outreach, and prevention programs.
The Committee is concerned that the number of people
experiencing homelessness increased last year. This is largely
due to an increase in the number of people living in
unsheltered locations, particularly in the 50 largest cities.
Therefore, the Committee directs USICH to work with HUD and
other federal agencies to ensure that the Federal response to
this recent uptick in homelessness is coordinated, and to
ensure that limited federal dollars are used strategically to
effectively address this problem.
TITLE IV
General Provisions--This Act
Section 401 prohibits the use of funds for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming and
transfer authorities.
Section 406 provides that not to exceed fifty percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2020, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this or any
other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-10.122
and 301-10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
may send to international conferences unless such attendance is
important to the national interest.
Section 415 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or practice
complaints filed at the amount authorized for district court
civil suit filing fees.
Section 416 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 417 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 418 establishes a spending reduction account.
House of Representatives Reporting Requirements
The following materials are submitted in accordance with
various requirements of the Rules of the House of
Representatives:
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding: The Committee on Appropriations considers
program performance, including a program's success in
developing and attaining outcome-related goals and objectives,
in developing funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following lists the rescissions
of unexpended balances included in the accompanying bill:
Such sums that are available from Department of
Housing and Urban Development-Housing Certificate Fund;
Section 201 rescinds 50% of funds that are
recaptured from projects described in section 1012(a) of the
Stewart B. McKinney Homeless Assistance Amendments Act of 1988;
Section 237 rescinds certain unobligated balances
from the Indian Housing Loan Guarantee Fund 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 10% of certain
Secretary. funds subject to
conditions
Federal Aviation Administration, Federal Aviation 5% of certain
Operations. Administration, funds subject to
Operations-. conditions
FHWA: Limitation on Appalachian $3,248,000
administrative expenses. Regional
Commission.
------------------------------------------------------------------------
UNDER TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
------------------------------------------------------------------------
Account to which
Account from which the transfer the transfer is Amount
is made made
------------------------------------------------------------------------
Executive Offices, Working Capital Such sums as
Administrative Support Offices, Fund. necessary
Program Office Salaries and
Expenses, Government National
Mortgage Association.
Administrative Support Offices.. Program Office $5,000,000 subject
Salaries and to conditions
Expenses.
Program Office Salaries and Administrative $5,000,000 subject
Expenses. Support Offices. to conditions
------------------------------------------------------------------------
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no changes
is proposed is shown in roman):
Compliance With Rule XIII, Cl. 3(e) (Ramseyer Rule)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, 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).
(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--
(A) 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; and
(B) effective June 30, 2016, a combination of
truck-tractor and dump trailer equipped with 6
axles or more with a gross weight of up to
99,000 pounds shall be permitted if the
distances between the extreme axles, excluding
the steering axle, is 28 feet or more.
(11)(A) With respect to all portions of the
Interstate Highway System in the State of Maine, laws
(including regulations) of that State concerning
vehicle weight limitations applicable to other State
highways shall be applicable in lieu of the
requirements under this subsection.
(B) With respect to all portions of the Interstate
Highway System in the State of Vermont, laws (including
regulations) of that State concerning vehicle weight
limitations applicable to other State highways shall be
applicable in lieu of the requirements under this
subsection.
(12) Heavy duty vehicles.--
(A) In general.--Subject to subparagraphs (B)
and (C), in order to promote reduction of fuel
use and emissions because of engine idling, the
maximum gross vehicle weight limit and the axle
weight limit for any heavy-duty vehicle
equipped with an idle reduction technology
shall be increased by a quantity necessary to
compensate for the additional weight of the
idle reduction system.
(B) Maximum weight increase.--The weight
increase under subparagraph (A) shall be not
greater than 550 pounds.
(C) Proof.--On request by a regulatory agency
or law enforcement agency, the vehicle operator
shall provide proof (through demonstration or
certification) that--
(i) the idle reduction technology is
fully functional at all times; and
(ii) the 550-pound gross weight
increase is not used for any purpose
other than the use of idle reduction
technology described in subparagraph
(A).
(13) Milk products.--A vehicle carrying fluid milk
products shall be considered a load that cannot be
easily dismantled or divided.
(b) Reasonable Access.--No State may enact or enforce any law
denying reasonable access to motor vehicles subject to this
title to and from the Interstate Highway System to terminals
and facilities for food, fuel, repairs, and rest.
(c) Ocean Transport Container Defined.--For purposes of this
section, the term ``ocean transport container'' has the meaning
given the term ``freight container'' by the International
Standards Organization in Series 1, Freight Containers, 3rd
Edition (reference number IS0668-1979(E)) as in effect on the
date of the enactment of this subsection.
(d) Longer Combination Vehicles.--
(1) Prohibition.--
(A) General continuation rule.--A longer
combination vehicle may continue to operate
only if the longer combination vehicle
configuration type was authorized by State
officials pursuant to State statute or
regulation conforming to this section and in
actual lawful operation on a regular or
periodic basis (including seasonal operations)
on or before June 1, 1991, or pursuant to
section 335 of the Department of Transportation
and Related Agencies Appropriations Act, 1991
(104 Stat. 2186).
(B) Applicability of state laws and
regulations.--All such operations shall
continue to be subject to, at the minimum, all
State statutes, regulations, limitations and
conditions, including, but not limited to,
routing-specific and configuration-specific
designations and all other restrictions, in
force on June 1, 1991; except that subject to
such regulations as may be issued by the
Secretary pursuant to paragraph (5) of this
subsection, the State may make minor
adjustments of a temporary and emergency nature
to route designations and vehicle operating
restrictions in effect on June 1, 1991, for
specific safety purposes and road construction.
(C) Wyoming.--In addition to those vehicles
allowed under subparagraph (A), the State of
Wyoming may allow the operation of additional
vehicle configurations not in actual operation
on June 1, 1991, but authorized by State law
not later than November 3, 1992, if such
vehicle configurations comply with the single
axle, tandem axle, and bridge formula limits
set forth in subsection (a) and do not exceed
117,000 pounds gross vehicle weight.
(D) Ohio.--In addition to vehicles which the
State of Ohio may continue to allow to be
operated under subparagraph (A), such State may
allow longer combination vehicles with 3 cargo
carrying units of 28 1/2 feet each (not
including the truck tractor) not in actual
operation on June 1, 1991, to be operated
within its boundaries on the 1-mile segment of
Ohio State Route 7 which begins at and is south
of exit 16 of the Ohio Turnpike.
(E) Alaska.--In addition to vehicles which
the State of Alaska may continue to allow to be
operated under subparagraph (A), such State may
allow the operation of longer combination
vehicles which were not in actual operation on
June 1, 1991, but which were in actual
operation prior to July 5, 1991.
(F) Iowa.--In addition to vehicles that the
State of Iowa may continue to allow to be
operated under subparagraph (A), the State may
allow longer combination vehicles that were not
in actual operation on June 1, 1991, to be
operated on Interstate Route 29 between Sioux
City, Iowa, and the border between Iowa and
South Dakota or Interstate Route 129 between
Sioux City, Iowa, and the border between Iowa
and Nebraska.
(2) Additional state restrictions.--
(A) In general.--Nothing in this subsection
shall prevent any State from further
restricting in any manner or prohibiting the
operation of longer combination vehicles
otherwise authorized under this subsection;
except that such restrictions or prohibitions
shall be consistent with the requirements of
sections 31111-31114 of title 49.
(B) Minor adjustments.--Any State further
restricting or prohibiting the operations of
longer combination vehicles or making minor
adjustments of a temporary and emergency nature
as may be allowed pursuant to regulations
issued by the Secretary pursuant to paragraph
(5) of this subsection, shall, within 30 days,
advise the Secretary of such action, and the
Secretary shall publish a notice of such action
in the Federal Register.
(3) Publication of list.--
(A) Submission to secretary.--Within 60 days
of the date of the enactment of this
subsection, each State (i) shall submit to the
Secretary for publication in the Federal
Register a complete list of (I) all operations
of longer combination vehicles being conducted
as of June 1, 1991, pursuant to State statutes
and regulations; (II) all limitations and
conditions, including, but not limited to,
routing-specific and configuration-specific
designations and all other restrictions,
governing the operation of longer combination
vehicles otherwise prohibited under this
subsection; and (III) such statutes,
regulations, limitations, and conditions; and
(ii) shall submit to the Secretary copies of
such statutes, regulations, limitations, and
conditions.
(B) Interim list.--Not later than 90 days
after the date of the enactment of this
subsection, the Secretary shall publish an
interim list in the Federal Register,
consisting of all information submitted
pursuant to subparagraph (A). The Secretary
shall review for accuracy all information
submitted by the States pursuant to
subparagraph (A) and shall solicit and consider
public comment on the accuracy of all such
information.
(C) Limitation.--No statute or regulation
shall be included on the list submitted by a
State or published by the Secretary merely on
the grounds that it authorized, or could have
authorized, by permit or otherwise, the
operation of longer combination vehicles, not
in actual operation on a regular or periodic
basis on or before June 1, 1991.
(D) Final list.--Except as modified pursuant
to paragraph (1)(C) of this subsection, the
list shall be published as final in the Federal
Register not later than 180 days after the date
of the enactment of this subsection. In
publishing the final list, the Secretary shall
make any revisions necessary to correct
inaccuracies identified under subparagraph (B).
After publication of the final list, longer
combination vehicles may not operate on the
Interstate System except as provided in the
list.
(E) Review and correction procedure.--The
Secretary, on his or her own motion or upon a
request by any person (including a State),
shall review the list issued by the Secretary
pursuant to subparagraph (D). If the Secretary
determines there is cause to believe that a
mistake was made in the accuracy of the final
list, the Secretary shall commence a proceeding
to determine whether the list published
pursuant to subparagraph (D) should be
corrected. If the Secretary determines that
there is a mistake in the accuracy of the list
the Secretary shall correct the publication
under subparagraph (D) to reflect the
determination of the Secretary.
(4) Longer combination vehicle defined.--For purposes
of this section, the term ``longer combination
vehicle'' means any combination of a truck tractor and
2 or more trailers or semitrailers which operates on
the Interstate System at a gross vehicle weight greater
than 80,000 pounds.
(5) Regulations regarding minor adjustments.--Not
later than 180 days after the date of the enactment of
this subsection, the Secretary shall issue regulations
establishing criteria for the States to follow in
making minor adjustments under paragraph (1)(B).
(e) Operation of Certain Specialized Hauling Vehicles on
Interstate Route 68.--The single axle, tandem axle, and bridge
formula limits set forth in subsection (a) shall not apply to
the operation on Interstate Route 68 in Garrett and Allegany
Counties, Maryland, of any specialized vehicle equipped with a
steering axle and a tridem axle and used for hauling coal,
logs, and pulpwood if such vehicle is of a type of vehicle as
was operating in such counties on United States Route 40 or 48
for such purpose on August 1, 1991.
(f) Operation of Certain Specialized Hauling Vehicles on
Certain Wisconsin Highways.--If the 104-mile portion of
Wisconsin State Route 78 and United States Route 51 between
Interstate Route 94 near Portage, Wisconsin, and Wisconsin
State Route 29 south of Wausau, Wisconsin, is designated as
part of the Interstate System under section 103(c)(4)(A), the
single axle weight, tandem axle weight, gross vehicle weight,
and bridge formula limits set forth in subsection (a) shall not
apply to the 104-mile portion with respect to the operation of
any vehicle that could legally operate on the 104-mile portion
before the date of the enactment of this subsection.
(g) Operation of Certain Specialized Hauling Vehicles on
Certain Pennsylvania Highways.--If the segment of United States
Route 220 between Bedford and Bald Eagle, Pennsylvania, is
designated as part of the Interstate System, the single axle
weight, tandem axle weight, gross vehicle weight, and bridge
formula limits set forth in subsection (a) shall not apply to
that segment with respect to the operation of any vehicle which
could have legally operated on that segment before the date of
the enactment of this subsection.
(h) Waiver for a Route in State of Maine During Periods of
National Emergency.--
(1) In general.--Notwithstanding any other provision
of this section, the Secretary, in consultation with
the Secretary of Defense, may waive or limit the
application of any vehicle weight limit established
under this section with respect to the portion of
Interstate Route 95 in the State of Maine between
Augusta and Bangor for the purpose of making bulk
shipments of jet fuel to the Air National Guard Base at
Bangor International Airport during a period of
national emergency in order to respond to the effects
of the national emergency.
(2) Applicability.--Emergency limits established
under paragraph (1) shall preempt any inconsistent
State vehicle weight limits.
(i) Special Permits During Periods of National Emergency.--
(1) In general.--Notwithstanding any other provision
of this section, a State may issue special permits
during an emergency to overweight vehicles and loads
that can easily be dismantled or divided if--
(A) the President has declared the emergency
to be a major disaster under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(B) the permits are issued in accordance with
State law; and
(C) the permits are issued exclusively to
vehicles and loads that are delivering relief
supplies.
(2) Expiration.--A permit issued under paragraph (1)
shall expire not later than 120 days after the date of
the declaration of emergency under subparagraph (A) of
that paragraph.
(j) Operation of Vehicles on Certain Other Wisconsin
Highways.--If any segment of the United States Route 41
corridor, as described in section 1105(c)(57) of the Intermodal
Surface Transportation Efficiency Act of 1991, is designated as
a route on the Interstate System, a vehicle that could operate
legally on that segment before the date of such designation may
continue to operate on that segment, without regard to any
requirement under subsection (a).
(k) Operation of Vehicles on Certain Mississippi Highways.--
If any segment of United States Route 78 in Mississippi from
mile marker 0 to mile marker 113 is designated as part of the
Interstate System, no limit established under this section may
apply to that segment with respect to the operation of any
vehicle that could have legally operated on that segment before
such designation.
(l) Operation of Vehicles on Certain Kentucky Highways.--
(1) In general.--If any segment of highway described
in paragraph (2) is designated as a route on the
Interstate System, a vehicle that could operate legally
on that segment before the date of such designation may
continue to operate on that segment, without regard to
any requirement under subsection (a).
(2) Description of highway segments.--The highway
segments referred to in paragraph (1) are as follows:
(A) Interstate Route 69 in Kentucky (formerly
the Wendell H. Ford (Western Kentucky) Parkway)
from the Interstate Route 24 Interchange, near
Eddyville, to the Edward T. Breathitt
(Pennyrile) Parkway Interchange.
(B) The Edward T. Breathitt (Pennyrile)
Parkway (to be designated as Interstate Route
69) in Kentucky from the Wendell H. Ford
(Western Kentucky) Parkway Interchange to near
milepost 77, and on new alignment to an
interchange on the Audubon Parkway, if the
segment is designated as part of the Interstate
System.
(C) The William H. Natcher Parkway (to be
designated as a spur of Interstate Route 65)
from Interstate Route 65 in Bowling Green,
Kentucky, to United States Route 60 in
Owensboro, Kentucky.
(m) Covered Heavy-duty Tow and Recovery Vehicles.--
(1) In general.--The vehicle weight limitations set
forth in this section do not apply to a covered heavy-
duty tow and recovery vehicle.
(2) Covered heavy-duty tow and recovery vehicle
defined.--In this subsection, the term ``covered heavy-
duty tow and recovery vehicle'' means a vehicle that--
(A) is transporting a disabled vehicle from
the place where the vehicle became disabled to
the nearest appropriate repair facility; and
(B) has a gross vehicle weight that is equal
to or exceeds the gross vehicle weight of the
disabled vehicle being transported.
(n) Operation of Vehicles on Certain Highways in the State of
Texas.--If any segment in the State of Texas of United States
Route 59, United States Route 77, United States Route 281,
United States Route 84, Texas State Highway 44, or another
roadway is designated as Interstate Route 69, a vehicle that
could operate legally on that segment before the date of the
designation may continue to operate on that segment, without
regard to any requirement under this section.
(o) Certain Logging Vehicles in the State of Wisconsin.--
(1) In general.--The Secretary shall waive, with
respect to a covered logging vehicle, the application
of any vehicle weight limit established under this
section.
(2) Covered logging vehicle defined.--In this
subsection, the term ``covered logging vehicle'' means
a vehicle that--
(A) is transporting raw or unfinished forest
products, including logs, pulpwood, biomass, or
wood chips;
(B) has a gross vehicle weight of not more
than 98,000 pounds;
(C) has not less than 6 axles; and
(D) is operating on a segment of Interstate
Route 39 in the State of Wisconsin from mile
marker 175.8 to mile marker 189.
(p) Operation of Certain Specialized Vehicles on Certain
Highways in the State of Arkansas.--If any segment of United
States Route 63 between the exits for highways 14 and 75 in the
State of Arkansas is designated as part of the Interstate
System, the single axle weight, tandem axle weight, gross
vehicle weight, and bridge formula limits under subsection (a)
and the width limitation under section 31113(a) of title 49
shall not apply to that segment with respect to the operation
of any vehicle that could operate legally on that segment
before the date of the designation.
(q) Certain Logging Vehicles in the State of Minnesota.--
(1) In general.--The Secretary shall waive, with
respect to a covered logging vehicle, the application
of any vehicle weight limit established under this
section.
(2) Covered logging vehicle defined.--In this
subsection, the term ``covered logging vehicle'' means
a vehicle that--
(A) is transporting raw or unfinished forest
products, including logs, pulpwood, biomass, or
wood chips;
(B) has a gross vehicle weight of not more
than 99,000 pounds;
(C) has not less than 6 axles; and
(D) is operating on a segment of Interstate
Route 35 in the State of Minnesota from mile
marker 235.4 to mile marker 259.552.
(r) Emergency Vehicles.--
(1) In general.--Notwithstanding subsection (a), a
State shall not enforce against an emergency vehicle a
vehicle weight limit (up to a maximum gross vehicle
weight of 86,000 pounds) of less than--
(A) 24,000 pounds on a single steering axle;
(B) 33,500 pounds on a single drive axle;
(C) 62,000 pounds on a tandem axle; or
(D) 52,000 pounds on a tandem rear drive
steer axle.
(2) Emergency vehicle defined.--In this subsection,
the term ``emergency vehicle'' means a vehicle designed
to be used under emergency conditions--
(A) to transport personnel and equipment; and
(B) to support the suppression of fires and
mitigation of other hazardous situations.
(s) [Natural Gas Vehicles] Natural Gas and Electric Battery
Vehicles.--A vehicle, if operated by an engine fueled primarily
by natural gas or powered primarily by means of electric
battery power, may exceed [any vehicle weight limit] the weight
limit on the power unit by up to 2,000 pounds (up to a maximum
gross vehicle weight of 82,000 pounds) under this section [by
an amount that is equal to the difference between--] .
[(1) the weight of the vehicle attributable to the
natural gas tank and fueling system carried by that
vehicle; and
[(2) the weight of a comparable diesel tank and
fueling system.]
(t) Vehicles in Idaho.--A vehicle limited or prohibited under
this section from operating on a segment of the Interstate
System in the State of Idaho may operate on such a segment if
such vehicle--
(1) has a gross vehicle weight of 129,000 pounds or
less;
(2) other than gross vehicle weight, complies with
the single axle, tandem axle, and bridge formula limits
set forth in subsection (a); and
(3) is authorized to operate on such segment under
Idaho State law.
(u) Vehicles in North Dakota.--A vehicle limited or
prohibited under this section from operating on a segment of
the Interstate System in the State of North Dakota may operate
on such a segment if such vehicle--
(1) has a gross vehicle weight of 129,000 pounds or
less;
(2) other than gross vehicle weight, complies with
the single axle, tandem axle, and bridge formula limits
set forth in subsection (a); and
(3) is authorized to operate on such segment under
North Dakota State law.
* * * * * * *
----------
TITLE 49, UNITED STATES CODE
* * * * * * *
SUBTITLE IV--INTERSTATE TRANSPORTATION
* * * * * * *
PART B--MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS
* * * * * * *
CHAPTER 145--FEDERAL-STATE RELATIONS
* * * * * * *
Sec. 14501. Federal authority over intrastate transportation
(a) Motor Carriers of Passengers.--
(1) Limitation on state law.--No State or political
subdivision thereof and no interstate agency or other
political agency of 2 or more States shall enact or
enforce any law, rule, regulation, standard, or other
provision having the force and effect of law relating
to--
(A) scheduling of interstate or intrastate
transportation (including discontinuance or
reduction in the level of service) provided by
a motor carrier of passengers subject to
jurisdiction under subchapter I of chapter 135
of this title on an interstate route;
(B) the implementation of any change in the
rates for such transportation or for any
charter transportation except to the extent
that notice, not in excess of 30 days, of
changes in schedules may be required; or
(C) the authority to provide intrastate or
interstate charter bus transportation.
This paragraph shall not apply to intrastate commuter
bus operations, or to intrastate bus transportation of
any nature in the State of Hawaii.
(2) Matters not covered.--Paragraph (1) shall not
restrict the safety regulatory authority of a State
with respect to motor vehicles, the authority of a
State to impose highway route controls or limitations
based on the size or weight of the motor vehicle, or
the authority of a State to regulate carriers with
regard to minimum amounts of financial responsibility
relating to insurance requirements and self-insurance
authorization.
(b) Freight Forwarders and Brokers.--
(1) General rule.--Subject to paragraph (2) of this
subsection, no State or political subdivision thereof
and no intrastate agency or other political agency of 2
or more States shall enact or enforce any law, rule,
regulation, standard, or other provision having the
force and effect of law relating to intrastate rates,
intrastate routes, or intrastate services of any
freight forwarder or broker.
(2) Continuation of Hawaii's authority.--Nothing in
this subsection and the amendments made by the Surface
Freight Forwarder Deregulation Act of 1986 shall be
construed to affect the authority of the State of
Hawaii to continue to regulate a motor carrier
operating within the State of Hawaii.
(c) Motor Carriers of Property.--
(1) General rule.--Except as provided in [paragraphs
(2) and (3)] paragraphs (3) and (4), a State, political
subdivision of a State, or political authority of 2 or
more States may not enact or enforce a law, regulation,
or other provision having the force and effect of law
related to a price, route, or service of any motor
carrier (other than a carrier affiliated with a direct
air carrier covered by section 41713(b)(4)) or any
motor private carrier, broker, or freight forwarder
with respect to the transportation of property.
(2) Additional limitation.--
(A) In general.--A State, political
subdivision of a State, or political authority
of 2 or more States may not enact or enforce a
law, regulation, or other provision having the
force and effect of law prohibiting employees
whose hours of service are subject to
regulation by the Secretary under section 31502
from working to the full extent permitted or at
such times as permitted under such section, or
imposing any additional obligations on motor
carriers if such employees work to the full
extent or at such times as permitted under such
section, including any related activities
regulated under part 395 of title 49, Code of
Federal Regulations.
(B) Statutory construction.--Nothing in this
paragraph shall be construed to limit the
provisions of paragraph (1).
[(2)] (3) Matters not covered.--[Paragraph (1)--]
Paragraphs (1) and (2)--
(A) shall not restrict the safety regulatory
authority of a State with respect to motor
vehicles, the authority of a State to impose
highway route controls or limitations based on
the size or weight of the motor vehicle or the
hazardous nature of the cargo, or the authority
of a State to regulate motor carriers with
regard to minimum amounts of financial
responsibility relating to insurance
requirements and self-insurance authorization;
(B) does not apply to the intrastate
transportation of household goods; and
(C) does not apply to the authority of a
State or a political subdivision of a State to
enact or enforce a law, regulation, or other
provision relating to the regulation of tow
truck operations performed without the prior
consent or authorization of the owner or
operator of the motor vehicle.
[(3)] (4) State standard transportation practices.--
(A) Continuation.--[Paragraph (1)] Paragraphs
(1) and (2) shall not affect any authority of a
State, political subdivision of a State, or
political authority of 2 or more States to
enact or enforce a law, regulation, or other
provision, with respect to the intrastate
transportation of property by motor carriers,
related to--
(i) uniform cargo liability rules,
(ii) uniform bills of lading or
receipts for property being
transported,
(iii) uniform cargo credit rules,
(iv) antitrust immunity for joint
line rates or routes, classifications,
mileage guides, and pooling, or
(v) antitrust immunity for agent-van
line operations (as set forth in
section 13907),
if such law, regulation, or provision meets the
requirements of subparagraph (B).
(B) Requirements.--A law, regulation, or
provision of a State, political subdivision, or
political authority meets the requirements of
this subparagraph if--
(i) the law, regulation, or provision
covers the same subject matter as, and
compliance with such law, regulation,
or provision is no more burdensome than
compliance with, a provision of this
part or a regulation issued by the
Secretary or the Board under this part;
and
(ii) the law, regulation, or
provision only applies to a carrier
upon request of such carrier.
(C) Election.--Notwithstanding any other
provision of law, a carrier affiliated with a
direct air carrier through common controlling
ownership may elect to be subject to a law,
regulation, or provision of a State, political
subdivision, or political authority under this
paragraph.
[(4)] (5) Nonapplicability to Hawaii.--This
subsection shall not apply with respect to the State of
Hawaii.
[(5)] (6) Limitation on statutory construction.--
Nothing in this section shall be construed to prevent a
State from requiring that, in the case of a motor
vehicle to be towed from private property without the
consent of the owner or operator of the vehicle, the
person towing the vehicle have prior written
authorization from the property owner or lessee (or an
employee or agent thereof) or that such owner or lessee
(or an employee or agent thereof) be present at the
time the vehicle is towed from the property, or both.
(d) Pre-Arranged Ground Transportation.--
(1) In general.--No State or political subdivision
thereof and no interstate agency or other political
agency of 2 or more States shall enact or enforce any
law, rule, regulation, standard or other provision
having the force and effect of law requiring a license
or fee on account of the fact that a motor vehicle is
providing pre-arranged ground transportation service if
the motor carrier providing such service--
(A) meets all applicable registration
requirements under chapter 139 for the
interstate transportation of passengers;
(B) meets all applicable vehicle and
intrastate passenger licensing requirements of
the State or States in which the motor carrier
is domiciled or registered to do business; and
(C) is providing such service pursuant to a
contract for--
(i) transportation by the motor
carrier from one State, including
intermediate stops, to a destination in
another State; or
(ii) transportation by the motor
carrier from one State, including
intermediate stops in another State, to
a destination in the original State.
(2) Intermediate stop defined.--In this section, the
term ``intermediate stop'', with respect to
transportation by a motor carrier, means a pause in the
transportation in order for one or more passengers to
engage in personal or business activity, but only if
the driver providing the transportation to such
passenger or passengers does not, before resuming the
transportation of such passenger (or at least 1 of such
passengers), provide transportation to any other person
not included among the passengers being transported
when the pause began.
(3) Matters not covered.--Nothing in this subsection
shall be construed--
(A) as subjecting taxicab service to
regulation under chapter 135 or section 31138;
(B) as prohibiting or restricting an airport,
train, or bus terminal operator from
contracting to provide preferential access or
facilities to one or more providers of pre-
arranged ground transportation service; and
(C) as restricting the right of any State or
political subdivision of a State to require, in
a nondiscriminatory manner, that any individual
operating a vehicle providing prearranged
ground transportation service originating in
the State or political subdivision have
submitted to pre-licensing drug testing or a
criminal background investigation of the
records of the State in which the operator is
domiciled, by the State or political
subdivision by which the operator is licensed
to provide such service, or by the motor
carrier providing such service, as a condition
of providing such service.
* * * * * * *
SUBTITLE VI--MOTOR VEHICLE AND DRIVER PROGRAMS
* * * * * * *
PART B--COMMERCIAL
* * * * * * *
CHAPTER 311--COMMERCIAL MOTOR VEHICLE SAFETY
* * * * * * *
SUBCHAPTER II--LENGTH AND WIDTH LIMITATIONS
* * * * * * *
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, but not including a trailer or a
semitrailer transported as part of a towaway trailer
transporter combination (as defined in section
31111(a)).
(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, Nebraska,
[and Kansas] Kansas, and Oregon._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;
(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 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 relevant state[.]; and
(6) Oregon may allow the operation of a truck tractor
and 2 property-carrying units not in actual lawful
operation on a regular or periodic basis on June 1,
1991, if--
(A) the length of the property-carrying units
does not exceed 82 feet 8 inches;
(B) the combination is used only to transport
sugar beets; and
(C) the operation occurs on United States
Route 20, United States Route 26, United States
Route 30, or Oregon Route 201 in the vicinity,
or between any, of--
(i) Vale, Oregon;
(ii) Ontario, Oregon; or
(iii) Nyssa, Oregon.
(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.
* * * * * * *
----------
TITLE 46, UNITED STATES CODE
* * * * * * *
SUBTITLE II--VESSELS AND SEAMEN
* * * * * * *
PART G--MERCHANT SEAMEN PROTECTION AND RELIEF
* * * * * * *
CHAPTER 103--FOREIGN AND INTERCOASTAL VOYAGES
* * * * * * *
Sec. 10313. Wages
(a) A seaman's entitlement to wages and provisions begins
when the seaman begins work or when specified in the agreement
required by section 10302 of this title for the seaman to begin
work or be present on board, whichever is earlier.
(b) Wages are not dependent on the earning of freight by the
vessel. When the loss or wreck of the vessel ends the service
of a seaman before the end of the period contemplated in the
agreement, the seaman is entitled to wages for the period of
time actually served. The seaman shall be deemed a destitute
seaman under section 11104 of this title. This subsection
applies to a fishing or whaling vessel but not a yacht.
(c) When a seaman who has signed an agreement is discharged
improperly before the beginning of the voyage or before one
month's wages are earned, without the seaman's consent and
without the seaman's fault justifying discharge, the seaman is
entitled to receive from the master or owner, in addition to
wages earned, one month's wages as compensation.
(d) A seaman is not entitled to wages for a period during
which the seaman--
(1) unlawfully failed to work when required, after
the time fixed by the agreement for the seaman to begin
work; or
(2) lawfully was imprisoned for an offense, unless a
court hearing the case otherwise directs.
(e) After the beginning of the voyage, a seaman is entitled
to receive from the master, on demand, one-half of the balance
of wages earned and unpaid at each port at which the vessel
loads or delivers cargo during the voyage. A demand may not be
made before the expiration of 5 days from the beginning of the
voyage, not more than once in 5 days, and not more than once in
the same port on the same entry. If a master does not comply
with this subsection, the seaman is released from the agreement
and is entitled to payment of all wages earned. Notwithstanding
a release signed by a seaman under section 10312 of this title,
a court having jurisdiction may set aside, for good cause
shown, the release and take action that justice requires. This
subsection does not apply to a fishing or whaling vessel or a
yacht.
(f) At the end of a voyage, the master shall pay each seaman
the balance of wages due the seaman within 24 hours after the
cargo has been discharged or within 4 days after the seaman is
discharged, whichever is earlier. When a seaman is discharged
and final payment of wages is delayed for the period permitted
by this subsection, the seaman is entitled at the time of
discharge to one-third of the wages due the seaman.
(g)(1) Subject to paragraph (2), when payment is not made as
provided under subsection (f) of this section without
sufficient cause, the master or owner shall pay to the seaman 2
days' wages for each day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to [all claims in a class action suit by seamen]
each claim by a seaman on a passenger vessel capable of
carrying more than 500 passengers for wages under this section
against a vessel master, owner, or operator or the employer of
[the seamen] the seaman shall not exceed ten times the unpaid
wages that are the subject of the claims.
(3) A [class action] suit for wages under this subsection
must be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt[, by a seaman who is a claimant in
the suit,] by the seaman of a payment of wages that are
the subject of the suit that is made in the ordinary
course of employment.
(h) Subsections (f) and (g) of this section do not apply to a
fishing or whaling vessel or a yacht.
(i) This section applies to a seaman on a foreign vessel when
in a harbor of the United States. The courts are available to
the seaman for the enforcement of this section.
* * * * * * *
CHAPTER 105--COASTWISE VOYAGES
* * * * * * *
Sec. 10504. Wages
(a) After the beginning of a voyage, a seaman is entitled to
receive from the master, on demand, one-half of the balance of
wages earned and unpaid at each port at which the vessel loads
or delivers cargo during the voyage. A demand may not be made
before the expiration of 5 days from the beginning of the
voyage, not more than once in 5 days, and not more than once in
the same port on the same entry. If a master does not comply
with this subsection, the seaman is released from the agreement
required by section 10502 of this title and is entitled to
payment of all wages earned. Notwithstanding a release signed
by a seaman under section 10312 of this title, a court having
jurisdiction may set aside, for good cause shown, the release
and take action that justice requires. This subsection does not
apply to a fishing or whaling vessel or a yacht.
(b) The master shall pay a seaman the balance of wages due
the seaman within 2 days after the termination of the agreement
required by section 10502 of this title or when the seaman is
discharged, whichever is earlier.
(c)(1) Subject to subsection (d), and except as provided in
paragraph (2), when payment is not made as provided under
subsection (b) of this section without sufficient cause, the
master or owner shall pay to the seaman 2 days' wages for each
day payment is delayed.
(2) The total amount required to be paid under paragraph (1)
with respect to [all claims in a class action suit by seamen]
each claim by a seaman on a passenger vessel capable of
carrying more than 500 passengers for wages under this section
against a vessel master, owner, or operator or the employer of
[the seamen] the seaman shall not exceed ten times the unpaid
wages that are the subject of the claims.
(3) A [class action] suit for wages under this subsection
must be commenced within three years after the later of--
(A) the date of the end of the last voyage for which
the wages are claimed; or
(B) the receipt[, by a seaman who is a claimant in
the suit] by the seaman, of a payment of wages that are
the subject of the suit that is made in the ordinary
course of employment.
(d) Subsections (b) and (c) of this section do not apply to:
(1) a vessel engaged in coastwise commerce.
(2) a yacht.
(3) a fishing vessel.
(4) a whaling vessel.
(e) This section applies to a seaman on a foreign vessel when
in harbor of the United States. The courts are available to the
seaman for the enforcement of this section.
(f) Deposits in Seaman Account.--On written request signed by
the seaman, a seaman employed on a passenger vessel capable of
carrying more than 500 passengers may authorize, the master,
owner, or operator of the vessel, or the employer of the
seaman, to make deposits of wages of the seaman into a
checking, savings, investment, or retirement account, or other
account to secure a payroll or debit card for the seaman if--
(1) the wages designated by the seaman for such
deposit are deposited in a United States or
international financial institution designated by the
seaman;
(2) such deposits in the financial institution are
fully guaranteed under commonly accepted international
standards by the government of the country in which the
financial institution is licensed;
(3) a written wage statement or pay stub, including
an accounting of any direct deposit, is delivered to
the seaman no less often than monthly; and
(4) while on board the vessel on which the seaman is
employed, the seaman is able to arrange for withdrawal
of all funds on deposit in the account in which the
wages are deposited.
* * * * * * *
----------
SECTION 221 OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
APPROPRIATIONS ACT, 2015
[Sec. 221. The Secretary of Housing and Urban Development
shall report annually to the House and Senate Committees on
Appropriations on the status of all section 8 project-based
housing, including the number of all project-based units by
region as well as an analysis of all federally subsidized
housing being refinanced under the Mark-to-Market program. The
Secretary shall identify all existing units maintained by
region as section 8 project-based units, all project-based
units that have opted out or have otherwise been eliminated,
and the reasons these units opted out or otherwise were lost as
section 8 project-based units.]
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 amounts for
individual offices of the Office of the Secretary and official
reception and representation expenses; specifying transfer
authority among offices; and allowing up to 2,500,000 in user
fees to be credited to the account.
Language is included under the Office of the Secretary,
`Research and technology' which limits the availability of
funds, changes the availability of funds, allows funds received
from other entities to be credited to the account, and deems
the title of the office.
Language is included under the Office of the Secretary,
`National Infrastructure Investments' which authorizes and
appropriates grant funding for surface transportation
infrastructure to be competitively awarded at the discretion of
the Secretary, limits the availability of funds, specifies
grantee and project eligibility requirements, authorizes a
portion of the funds for Federal credit assistance awards,
specifies requirements for how the Secretary shall prioritize
funding and select projects, specifies minimum and maximum
grants sizes and sets limits on awards per project and per
state, specifies a limit on federal share of projects receiving
awards, establishes minimum funding amounts for rural, urban,
and port projects, authorizes the Secretary to use a percentage
of funds for departmental administrative costs, and establishes
requirements and deadlines for when and how the Secretary shall
solicit applications for grants and make awards.
Language is included under the Office of the Secretary,
`National surface and innovative finance bureau' which makes
funding available until expended and sets a notification
requirement.
Language is included under the Office of the Secretary,
`Cyber security initiatives' which provides funds for
information technology security upgrades; and changes the
availability of funds.
Language is included under the Office of the Secretary,
`Transportation planning, research, and development' which
provides funds for conducting transportation planning,
research, systems development, development activities and
making grants; changes the availability of funds; and specifies
funding minimums for and authorities related to the Interagency
Infrastructure Permitting Improvement Center.
Language is included that limits operating costs and
capital outlays of the Working Capital Fund for the Department
of Transportation; provides that services shall be provided on
a competitive basis, except for non-DOT entities; restricts the
transfer for any funds to the Working Capital Fund with
approval; and limits special assessments or reimbursable
agreements levied against any program, project or activity
funded in this Act to only those assessments or reimbursable
agreements that are presented to and approved by the House and
Senate Committees on Appropriations.
Language is included under the Office of the Secretary,
`Minority business resource center' which provides funds for
financial education outreach, monitoring and modification of
existing loans, and administrative expenses; and makes funds
available for business opportunities related to any mode of
transportation.
Language is included under Office of the Secretary, `Small
and disadvantaged business utilization and outreach' specifying
that funds may be used for business opportunities related to
any mode of transportation, and limits the availability of
funds.
Language is included under the Office of the Secretary,
`Payments to air carriers' that allows the Secretary of
Transportation to consider subsidy requirements when
determining service to a community, eliminates the requirement
that carriers use at least 15-passenger aircraft prohibits
funds for communities within a certain distance of a small hub
airport without a cost-share, allows amounts to be made
available from the Federal Aviation Administration, and allows
the reimbursement of such amounts from overflight fees.
Section 101 prohibits the Office of the Secretary of
Transportation from approving assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Section 102 sets administrative requirements of the
Department's Credit Council.
Section 103 allows the Department to use the Working
Capital Fund to provide transit benefits to Federal employees.
Language is included under the Federal Aviation
Administration, `Operations' that specifies funds for certain
activities; limits the availability of funds; derives funds
from the Airport and Airway Trust Fund; specifies amounts for
certain activities; specifies transfer authorities among
activities; requires various staffing plans by a certain date
with financial penalties for late submissions; permits the use
of funds to enter into a grant agreement with a nonprofit
standard setting organization to develop aviation safety
standards; prohibits the use of funds for new applicants of the
second career training program; prohibits funds to plan,
finalize, or implement any regulation that would promulgate new
aviation user fees not specifically authorized by law; credits
funds received from other entities for expenses incurred in the
provision of agency services; specifies funds for the contract
tower program; prohibits funds from certain activities
coordinated through the Working Capital Fund; and prohibits
funds to eliminate the Contract Weather Observer program.
Language is included under Federal Aviation Administration,
`Facilities and equipment' that funds various activities from
the Airport and Airway Trust Fund, limits the availability of
funds, allows certain funds received for expenses incurred in
the establishment and modernization of air navigation
facilities to be credited to the account, and that requires the
Secretary of Transportation to transmit a comprehensive capital
investment plan for the Federal Aviation Administration.
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 and from general funds, changes
the availability of funds, prohibits the availability of funds
for certain activities, sets a cost share requirement on
certain airport construction projects, limits the availability
of funds for certain activities, allows the participation of
certain additional airports, allows the Federal share of
certain grants to be 100 percent, establishes a grant program
for reimbursements to certain airports due to temporary flight
restrictions, and allows the Administrator to retain funds for
administration of discretionary grants.
Section 110 limits the number of technical work years at
the Center for Advanced Aviation Systems Development to 600 in
fiscal year 2019.
Section 111 prohibits FAA from requiring airport sponsors
to provide the agency `without cost' building construction,
maintenance, utilities and expenses, or space in sponsor-owned
buildings, except in the case of certain specified exceptions.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits the FAA from paying Sunday premium
pay except in those cases where the individual actually worked
on a Sunday.
Section 115 prohibits FAA from using funds to purchase
store gift cards or gift certificates through a government-
issued credit card.
Section 116 requires approval from the Assistant Secretary
for Administration of the Department of Transportation for
retention bonuses for any FAA employee.
Section 117 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
Aircraft Situational Display to Industry program, upon the
request of an owner or operator.
Section 118 prohibits funds for more than a certain number
of political appointees at the Federal Aviation Administration.
Section 119 prohibits funds to increase fees pursuant to
Section 44721 of title 49, U.S.C. until the FAA submits a
report to the House and Senate Committees on Appropriations.
Section 119A prohibits funds to close a regional operations
center or reduce services unless the Administrator notifies the
House and Senate Committees on Appropriations.
Section 119B prohibits funds to change weight restrictions
or prior permission rules at Teterboro airport in Teterboro,
New Jersey.
Section 119C prohibits funds to withhold funds from certain
contract tower applicants.
Section 119D requires FAA to take certain actions related
to organization delegation authorization.
Section 119E prohibits funds for the apportionment of funds
for certain storage buildings unless certain conditions are
met.
Language is included under the Federal Highway
Administration, `Limitation on administrative expenses' that
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 limit the
obligations for Federal-aid highways and highway safety
construction programs; allows the Secretary to charge, collect
and spend fees for the costs of underwriting and servicing
Federal credit instruments; and provides that such amounts are
in addition to administrative expenses, and not subject to any
obligation limitation or limitation on administrative expenses
under section 608 of title 23, U.S.C., and are available until
expended.
Language is included under the Federal Highway
Administration, `Federal-aid highways' that liquidates contract
authority from the Highway Trust Fund.
Language is included under the Federal Highway
Administration, `Highway infrastructure programs' that
authorizes and appropriates additional amounts for activities
eligible under sections 133(b)(1)(A) and 148(e)(1) of title 23,
the Puerto Rico Highway Program as authorized under such title,
the Territorial Highway Program as authorized under such title,
the tribal transportation program as authorized under such
title, and the Nationally Significant Federal lands and tribal
projects program as authorized under the FAST Act, specifies
the formula distribution of funding, applies and waives various
statutory requirements for each subset of funding, and changes
the availability of funds.
Section 120 distributes obligation authority among Federal-
aid highways programs, contingent on enactment of authorization
legislation.
Section 121 credits funds received by the Bureau of
Transportation Statistics to the Federal-aid highways account.
Section 122 provides requirements for any waiver of the Buy
America Act.
Section 123 requires Congressional notification before the
Department provides credit assistance under section 603 and 604
of title 23, U.S.C.
Section 124 requires Congressional notification before the
Department provides grant assistance under section 117 of title
23, U.S.C.
Section 125 authorizes the Secretary to repurpose certain
unobligated balances of previously earmarked funds, set
requirements for exercising such authority, defines what
constitutes an earmarked amount for purposes of such authority,
specifies limitations on what earmark balances are eligible for
repurposing, and specifies requirements that new projects must
meet in order to be eligible for repurposed funding.
Section 126 modifies an existing federal truck weight for
Kentucky under title 23.
Section 127 modifies an existing truck weight exemption for
natural gas vehicles under title 23 and adds electric-powered
vehicles to that exemption.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor carrier safety operations and programs'
that provides a limitation on obligations and liquidation of
contract authorization; changes the availability of funds; and
specifies amounts available for specific activities.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor carrier safety grants' that provides
limitation on obligations and liquidation of contract
authorization; and specifies amounts available for various
programs.
Section 130 requires the Federal Motor Carrier Safety
Administration to send notices of certain violations such that
the receipt of such notice is confirmed.
Section 131 prohibits funds to enforce Electronic Logging
Device regulations with respect to carriers transporting
livestock or insects.
Section 133 clarifies the preemption of certain state and
local laws and regulations by federal laws and regulations and
makes the preemption retroactive to 1994.
Section 134 modifies an existing federal truck length
exemption for agricultural vehicles under title 23 to add
certain kinds of trucks operating on certain routes in Oregon.
Language is included under National Highway Traffic Safety
Administration, `Operations and research' that provides funds
for vehicle safety activities; and modifies the period of
availability of certain funds.
Language is included under National Highway Traffic Safety
Administration, `Operations and research' that provides a
limitation on obligations and a liquidation of contract
authorization from the Highway Trust Fund; specifies amounts
for various programs; and modifies the period of availability
of certain funds.
Language is included under the National Highway Traffic
Safety Administration `Highway traffic safety grants' that
provides a limitation on obligations; changes the availability
of fund; provides a liquidation of contract authorization from
the Highway Trust Fund; specifies the amounts for various
programs; prohibits and limits funds for specific purposes; and
requires certain Congressional notifications.
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority that was made
available in previous public laws from limitations on
obligations set in this Act.
Section 142 prohibits funding for the national roadside
survey.
Section 143 prohibits funding for mandated global
positioning system tracking.
Section 144 authorizes and appropriates additional funding
for activities eligible under section 403 of title 23 and
changes the availability of funds.
Language is included under Federal Railroad Administration,
`Safety and operations' that provides funds and funding
availability.
Language is included under Federal Railroad Administration,
`Railroad research and development' that provides funds and
funding availability.
Language is included under Federal Railroad Administration,
`Railroad rehabilitation and improvement financing program'
authorizing the Secretary to issue direct loans and loan
guarantees under sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act, and provides
authority availability.
Language is included under the Federal Railroad
Administration, `Federal-state partnership for state of good
repair' that provides funds, provides funding availability,
allows the Secretary to withhold funds for a specified purpose,
and requires the Secretary to publish a notice of funding
opportunity within a specified time frame.
Language is included under the Federal Railroad
Administration, `Consolidated rail infrastructure and safety
improvements' that provides funds and provides funding
availability. Language sets aside amounts for a specified
purpose, expands eligibility for that set-aside, allows certain
funds to be transferred based on criteria, and allows
unobligated balances remaining after four years to be used for
any eligible project. Language requires the Secretary to
publish a notice of funding opportunity within a specified time
frame and allows the Secretary to withhold funding for a
specified purpose.
Language is included under the Federal Railroad
Administration, `Magnetic levitation technology deployment
program' that provides funds and funding availability.
Language is included under the Federal Railroad
Administration, `Northeast Corridor grants to the National
Railroad Passenger Corporation' that provides funds, specifies
funding availability, and specifies a funding levels for
activities.
Language is included under the Federal Railroad
Administration, `National Network grants to the National
Railroad Passenger Corporation' that provides funding, funding
availability, and specifies a funding level for specified
activities.
Section 150 limits overtime to $35,000 per employee; allows
Amtrak's president to waive this restriction for specific
employees for safety or operational efficiency reasons;
requires quarterly notification to the House and Senate
Committees on Appropriations on waivers granted for overtime
and specified information related to overtime; requires the
president of Amtrak to provide report that includes specified
information on overtime payments incurred for 2018 and three
prior years.
Section 151 prohibits funds to take any actions related to
high speed rail in California unless the Surface Transportation
Board issues the permit for the entire project.
Section 152 prohibits funding for high speed rail in
California or for the California High Speed Rail authority or
to administrator a grant with the Authority that contains a
tapered matching requirement.
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 limitation on
obligations from the Highway Trust Fund, and provides for the
liquidation of contract authority.
Language is included under Federal Transit Administration,
`Transit infrastructure grants' that specifies amounts for
certain activities from the general fund, and are not subject
to any limitation on obligations.
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 specifies amounts for specific
purposes, changes the period of availability of funds, changes
the obligation deadline, and requires the Secretary to continue
to administer the capital investment grant program pursuant to
49 U.S.C. 5309.
Language is included under Federal Transit Administration,
`Washington metropolitan area transit authority' that changes
the period of availability of funds, requires the Secretary to
review projects before a grant is made, requires the Secretary
to determine that WMATA has placed the highest priority on
safety investments and has eliminated financial management
issues, requires the Secretary to place the highest priority on
safety investments, and allows the Secretary to waive the
requirement for cellular phone service.
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds appropriated for capital
investment grants and bus and bus facilities not obligated by a
certain date, plus other recoveries to be available for other
projects under 49 U.S.C. 5309.
Section 162 allows for the transfer of prior year
appropriations from older accounts to be merged into new
accounts with similar, current activities.
Section 163 prohibits funds for a certain fixed guideway
project in Houston, Texas.
Section 164 prohibits a full funding grant agreement for a
project with a new starts share greater than 50 percent.
Section 165 prohibits funds for the procurement of mass
transit, passenger rail, or freight rail asset from a country
listed on the most recent priority watch list and is subject to
monitoring by the Trade Representative under section 306 of the
Trade Act of 1974.
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 `Operation and maintenance' that
provides funds derived from the Harbor Maintenance Trust
specifies a certain amount for asset renewal activities.
Language is included under Maritime Administration,
`Maritime security program' that provides and funds and funding
availability.
Language is included under Maritime Administration,
`Operations and training' that provides funds for specific
purposes, limits funding availability, and requires a report on
sexual assault and harassment at the United States Merchant
Marine Academy.
Language is included under Maritime Administration,
`Assistance to small shipyards' that provides funding, and
limits funding availability.
Language is included under Maritime Administration, `Ship
Disposal' that provides funds and limits funding availability.
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 modifies penalty wages regarding foreign and
intercoastal voyages and coastwise voyages.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Operational expenses' which provides
funding for operations.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Hazardous materials safety' which funds
hazardous and materials safety functions, limits the period of
deposited availability, allows up to $800,000 in fees collected
under 49 U.S.C. 5108(g) to be in the general fund of the
Treasury as offsetting receipts, and credits to the
appropriation for the account funds received from states,
counties, other public authorities, and private sources for
certain expenses.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Pipeline safety' which specifies
amounts derived from the pipeline safety fund, the oil spill
liability trust fund, and the underground natural gas storage
facility safety account; limits the period of availability; and
specifies a minimum amount for certain activities.
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; and allows up to
four percent of funds made available for administrative costs.
Language is included under Office of Inspector General,
`Salaries and expenses' that provides the Inspector General
with all necessary authority to investigate allegations of
fraud by any person or entity that is subject to regulation by
the Department of Transportation, the authority to investigate
unfair or deceptive practices and unfair methods of competition
by domestic and foreign air carriers and ticket agents, and
allows funds to be available from forfeiture proceedings.
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 183 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 184 prohibits DOT from using funds to make a grant,
loan, loan guarantee, or cooperative agreement, unless DOT
gives a 3-day advance notice to the House and Senate Committees
on Appropriations. Also requires notice of any ``quick
release'' of funds from FHWA's emergency relief program, and
prohibits notifications from involving funds not available for
obligation. Requires DOT to provide a comprehensive list of all
loans, loan guarantees, lines of credit, cooperative
agreements, and discretionary grants that will be announced
with a 3-day advance notice to the House and Senate Committees
on Appropriations.
Section 185 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 186 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to be
made available until expended to cover expenses incurred in
recovery of such payments.
Section 187 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 188 allows funds appropriated to modal
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to that modal administration.
Section 189 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 190 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference not
otherwise authorized by law, only if certain requirements are
met related to availability of local labor, displacement of
existing employees, and delays in transportation plans.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Language is included under Department of Housing and Urban
Development, `Management and administration' which designates
funds for `Executive offices'; designates funds for
`Administrative support offices'; specifies funding for 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 business transformation, and the office of the chief
information officer; limits official reception and
representation expenses to $25,000; provides a certain amount
for the Weaver Building consolidation; allows funds to be used
for certain administrative and non-administrative expense; and
allows funds to be used for advertising and promotional
activities that directly support program activities funded in
this title.
Language is included under Department of Housing and Urban
Development, `Program office salaries and expenses' which
specifies funds for the office of public and indian housing,
the office of community planning and development, the office of
housing, the office of policy development and research, the
office of fair housing and equal opportunity, and the office of
lead hazard control and healthy homes.
Language is included under Department of Housing and Urban
Development, `Working capital Fund' which specifies certain
shared services used by offices and agencies of the Department,
derived from centralized sources, through reimbursements and
transfers, to be funded through the working capital fund; and
allows for an additional amount from salaries and expenses to
be merged with the working capital fund.
Language is included under Department of Housing and Urban
Development, `Tenant-based rental assistance' which specifies
funds for certain programs, activities and purposes and 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 authorized level of units under contract, except
for those participating in the Moving to Work demonstrations;
directs the Secretary, to the extent necessary, to prorate each
public agency's (PHA) allocation; directs the Secretary to
notify PHAs of their annual budget of 60 days after enactment
of the Act or March 1, 2018; allows the Secretary to extend the
notification period with the prior approval of the House and
Senate appropriations committees; specifies the amounts
available to the Secretary to allocate to PHAs that need
additional funds and for fees; specifies the amount for
additional rental subsidy due to unforeseen emergencies and
portability; provides funding for public housing agencies with
vouchers that were not in use during the previous 12 month
period in order to be available to meet a commitment pursuant
to section 8(o)(13); and provides funding for public housing
that despite taking reasonable measures, would otherwise be
required to terminate assistance for families as a result of
insufficient funding.
Language is included under Department of Housing and Urban
Development, `Tenant-based rental assistance' which provides
funds for tenant protection vouchers; sets certain conditions
for the Secretary to provide such vouchers; provides funds for
residents of multi-family properties that would not otherwise
have been eligible for tenant-protection vouchers; sets
eligibility requirements for multi-family properties to
participate in the program; requires the Secretary to issue
guidance on requirements; 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, vouchers under the mobility
demonstration, 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
to `Moving to Work' (MTW) agencies be funded pursuant to their
MTW agreements; provides funds for section 811 mainstream
vouchers; provides funds for incremental HUD-VASH and specifies
that the Secretary shall track special purpose vouchers
including a minimum renewal amount for vouchers targeted at
veterans; provides funds for rental assistance and
administrative costs associated with tribal veteran vouchers
subject to certain conditions; provides funding for a mobility
demonstration and specifies amounts for certain eligible
activities and requires vouchers funded therein to be and
remain for families with children; requires the Secretary to
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 public Housing Financial
and Physical Assessment activities of the Real Estate
Assessment Center; specifies an amount for judicial
receiverships, specifies an amount for emergency capital needs;
specifies an amount for competitive grants that fund
demolitions, specifies an amount for supportive services;
specifies the amount for a Jobs-plus Pilot initiative and
specifies that the initiative shall provide competitive grants;
specifies that the Secretary may waive or specify alternative
requirements; and specifies that the Secretary shall public
notice of any waiver or alternative requirement; establishes a
limitation on amounts that can be transferred; makes funds
available for bonuses for high performing PHAs; and establishes
requirements for notification of public housing agencies'
formula allocations.
Language is included under Department of Housing and Urban
Development, `Public housing operating fund' which specifies
the total amount available for certain activities; and modifies
the period of availability.
Language is included under Department of Housing and Urban
Development, `Choice neighborhoods initiative' which allows the
Secretary to make competitive grants for neighborhood
rehabilitation; changes the availability of funds; allows funds
to be used for services, development, and housing; declares
funds not for ``public housing''; requires a period of
affordability; requires local planning and cost share; allows
local governments, tribal entities, public housing authorities
and non-profits to be grantees; allows for-profits to partner
and apply with a public entity; requires grantees to partner
with local organizations; establishes conditions for
environmental review; requires grantees to create partnerships
with other local organizations; requires the Secretary to
consult with other federal agencies; and allows prior year
program funds and HOPE VI funds to be used for this program.
Language is included under Department of Housing and Urban
Development, `Family self-sufficiency' which allows the
Secretary to waive or specify certain requirements, establishes
entities eligible to compete for funding, allows the
establishment of escrow funds, and allows the use of residual
receipt accounts to hire coordinators.
Language is included under Department of Housing and Urban
Development, `Native American housing block grants' which
limits the availability of funds; specifies the formula for
allocation; specifies amounts for training and technical
assistance; specifies an amount to 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; authorizes and
appropriates funding for competitive grants to be awarded at
the discretion of the Secretary; specifies considerations for
the Secretary in making funding awards; authorizes transfers of
funding for administrative expenses.
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, `Native Hawaiian housing loan guarantee fund
program account' which rescinds certain previously appropriated
funds.
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 transferring funds; prohibits the provision of funds to for-
profit entities for economic development projects unless
certain conditions are met; specifies the amount made available
for grants to Indian tribes; 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,
and directs the Secretary to collect fees from borrowers
adequate to result in credit subsidy cost of zero.
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; and requires grantee
notification within 60 days of enactment.
Language is included under Department of Housing and Urban
Development, `Self-help and assisted homeownership opportunity
program' which specifies 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, requires the Secretary to prioritize
funding to grant applicants that demonstrate a capacity to
reallocate funding to higher performing projects; requires
grantees to integrate homeless programs with other social
service providers; allows unobligated balances and recaptures
from certain project-based rental assistance grants and shelter
plus care renewals to be used; requires notification of formula
allocations within 60 days of enactment.
Language is included under Department of Housing and Urban
Development, `Project-based rental assistance' which provides
funds, limits the availability of funds, specifies the
allocation of certain funds for certain purposes, and allows
the Secretary to recapture residual receipts from certain
properties.
Language is included under Department of Housing and Urban
Development, `Housing for the elderly' which limits the
availability of funds; specifies the allocation of certain
funds; designates certain funds to be used only for certain
grants; allows funds to be used for specified inspections or
inspection-related activities; allows funds to be used to renew
certain contracts; allows the Secretary to waive certain
provisions governing contract terms; allows excess funds held
in residual receipts accounts, after contract termination, to
be deposited in this account; and limits the availability and
use of these funds.
Language is included under Department of Housing and Urban
Development, `Housing for persons with disabilities' which
limits the availability of funds; specifies the allocation of
certain funds; allows funds to be used for inspections or
inspection-related activities; allows funds to be used to renew
certain contracts; allows funds held in residual account, after
contract termination, to be deposited in this account; and
limits the availability and use of these funds.
Language is included under Department of Housing and Urban
Development `Housing counseling assistance' that provides funds
for described purposes, limits the availability of funds,
specifies amounts to be used for specified purposes, requires
the Secretary to make grants within a specified time frame, and
allows multiyear agreements subject to the availability of
annual appropriations.
Language is included under Department of Housing and Urban
Development, `Rental assistance' that provides funds; 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 provides funds; 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 collection 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 Department of Housing and Urban
Development, `Mutual mortgage insurance program account' which
limits new commitments to issue guarantees, limits the
obligations to make direct loans, specifies funds for specific
purposes, specifies that the Secretary may insure specific
mortgages only under certain conditions; specifies the extent
that the commitment levels allow for additional contract
expenses, and limits the availability of funds.
Language is included under Department of Housing and Urban
Development, `General and special risk program account' which
sets a loan principal limitation on new commitments to
guarantee loans, limits the obligations to make direct loans,
specifies funds for specific purposes, and limits the
availability of funds.
Language is included under Department of Housing and Urban
Development, `Government national mortgage association' which
limits new commitments to issue guarantees, provides funds for
salaries and expenses, allows specified receipts to be credited
as offsetting collections, allows for additional contract
expenses as guaranteed loan commitments exceed certain levels,
and limits the availability of funds.
Language is included under Department of Housing and Urban
Development, `Policy development and research' which limits the
availability of funds, specifies authorized uses, allows the
Secretary to enter into cooperative agreements under specified
circumstances; directs the submission of a spend plan; and
prohibits funding for a specified use.
Language is included under Department of Housing and Urban
Development, `Fair housing and equal opportunity' which
provides funds for certain purposes, limits the availability of
funds, authorizes the Secretary to assess and collect fees,
places restrictions on the use of funds for lobbying
activities, and provides funds for programs that support the
assistance of persons with limited English proficiency.
Language is included under Department of Housing and Urban
Development, `Office of lead hazard control and healthy homes'
which changes the period of availability of funds, specifies
the amount of funds for specific purposes, specifies the
treatment of certain grants, specifies a matching requirement
for grants, and requires a certification of adequate capacity.
Language is included under Department of Housing and Urban
Development, `Information technology fund' which changes the
period of availability and purpose of funds, including funds
transferred, and requires a plan for expenditure.
Language is included under Department of Housing and Urban
Development, `Office of Inspector General' which specifies the
use of funds and directs that the IG shall have independent
authority over all personnel issues within the office.
Section 201 splits overpayments evenly between Treasury and
State HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of 1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2020 be submitted in the
identical account and sub-account structure provided in this
Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility, and includes consideration for persons
with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 213 authorizes the Secretary to insure mortgages
under Section 255 of the National Housing Act.
Section 214 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 215 allows the Section 108 loan guarantee program
to guarantee notes or other obligations issued by any State on
behalf of non-entitlement communities in the State.
Section 216 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 217 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limit established in QHWRA.
Section 218 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 219 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2019.
Section 220 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations,
and requires the Department to submit a spend plan to the House
and Senate Committees on Appropriations.
Section 221 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Office Salaries and Expenses'' to any other office
funded under such headings.
Section 222 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 223 places a salary and bonus limit on public
housing agency officials and employees.
Section 224 authorizes HUD to obligate balances previously
made available under the heading ``Choice Neighborhoods
Initiative'' until September 30, 2019.
Section 225 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 226 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 227 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 228 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants under section 106 of the Housing
and Community Development Act of 1974.
Section 229 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 230 prohibits funds to be used for financial awards
for employees subject to administrative discipline in fiscal
years 2018 or 2019.
Section 231 authorizes the Secretary on a limited basis to
use funds available under the ``Homeless Assistance Grants''
heading to participate in the multiagency Performance
Partnership Pilots program.
Section 232 allows program income as an eligible match for
2016, 2017, 2018, and 2019 Continuum of Care funds.
Section 233 permits HUD to provide one year transition
grants under the continuum of care program with no more than 50
percent of the grant provided for costs of eligible activities
of the program component originally funded.
Section 234 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Further Fair Housing Assessment Tool''.
Section 235 prohibits sections 218(g) and 231(b) of the
Cranston-Gonzalez National affordable Housing Act from applying
with respect to the right of a jurisdiction to draw HOME funds
that otherwise expired or would expire in 2016 through 2021,
and to uninvested funds that otherwise were deducted or would
be deducted in 2018 through 2021, respectively.
Section 236 prohibits funds from being used to interfere
with State and local inspections of public housing using units.
Section 237 rescinds certain balances of previously
appropriated funds.
Secion 238 authorizes the Secretary to allow public housing
authorities to use housing choice voucher assistance and
related administrative fees to encourage families to move to
lower-poverty areas; specifies how the Secretary shall select
public housing authorities for the demonstration; specifies a
regional housing mobility planning requirement for
participating public housing authorities; grants the Secretary
the authority to waive or specify alternatives for certain
statutory and regulatory requirements; and requires the
Secretary to conduct and publish an evaluation of the
demonstration.
Section 239 repeals a statutory reporting requirement.
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 provide funds for services
authorized by 5 U.S.C. 3109, the hire of passenger motor
vehicles, uniform and allowances; and limits funds for official
reception and representation expenses.
Language is included for the National Railroad Passenger
Corporation, Office of Inspector General, `Salaries and
expenses' that provides funds for an independent, objective
unit responsible for detecting and preventing fraud, waste,
abuse, and violations of law; promotes economy, efficiency and
effectiveness at Amtrak; allows the IG to enter into contracts;
select, appoint or employ officers and employees to carry out
its functions; and requires the IG to submit its budget request
concurrently with the President's budget and in a similar
format.
Language is included under National Transportation Safety
Board, `Salaries and expenses' that provides funds for hire of
passenger motor vehicles and aircraft, services authorized by 5
U.S.C. 3109, uniforms or allowances therefore, limits funds for
official reception and representation expenses and allows funds
to be used to pay for costs associated with a capital lease.
Language is included in the Neighborhood Reinvestment
Corporation (NRC), `Payment to the neighborhood reinvestment
corporation' that specifies the allocation of funds.
Language is included under Surface Transportation Board,
`Salaries and expenses' that provides funds, allows the
collection of a specified level of fees established by the
Chairman of the Surface Transportation Board, and provides that
the sum appropriated from the general fund shall be reduced on
a dollar-for-dollar basis as such fees are received.
Language is included under the United States Interagency
Council on Homelessness, `Operating expenses' that provides
funds to carry out functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act.
TITLE IV--GENERAL PROVISIONS, THIS ACT
Section 401 prohibits the use of funds for the planning or
execution of any program to expenses of, or otherwise
compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming and
transfer authorities.
Section 406 provides that not to exceed fifty percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2020, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this or any
other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-10.122
and 301-10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
may send to international conference unless such attendance is
important to the national interest.
Section 415 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or practice
complaints filed at the amount authorized for district court
civil suit filing fees.
Section 416 Prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 417 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 418 establishes a spending reduction account.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned (dollars in
thousands):
APPROPRIATIONS NOT AUTHORIZED BY LAW AND EXPIRING AUTHORIZATIONS
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Appropriations
Last year of Authorization in last year Appropriations
Program authorization Level of in this bill
authorization
----------------------------------------------------------------------------------------------------------------
Title I--Department of Transportation
Office of the Secretary:
National Infrastructure Investments........ n/a not applicable not applicable $750,000
Payments to Air Carriers\1\................ 2018 150,000 155,000 175,000
Federal Aviation Administration:\1\
Operations................................. 2018 10,025,852 10,211,754 10,410,758
Facilities and Equipment................... 2018 2,855,000 3,250,000 3,250,000
Research, Engineering, and Development..... 2018 176,500 188,926 180,000
Grant-in-Aid for Airports.................. 2018 3,350,000 3,350,000 3,350,000
Federal Railroad Administration:
Safety and Operations...................... 2013 293,000 169,254 221,698
Maritime Administration:
Operations and Training\2\................. 2018 224,146 208,570 505,228
Ship Disposal\2\........................... 2018 9,000 116,000 5,000
Maritime Security Program\2\............... 2018 300,000 300,000 300,000
----------------------------------------------------------------------------------------------------------------
\1\The Airport and Airway Extension Act of 2018 extends FAA authorities through September 30, .
\2\Reflects authorized amounts associated with maintaining national security aspects of the merchant marine per
Pub. L. 115-91.
Title II--Department of Housing and Urban Development
Management and Administration.................. 1994 $1,029,496 $916,963 $1,340,671
Rental Assistance:
Section 8 Voucher Renewals and 1994 8,446,173 5,458,106 22,471,613
Administrative Expenses...................
Public Housing Capital Fund................ 2003 3,000,000 2,712,555 2,750,000
Public Housing Operating Fund.............. 2003 2,900,000 3,576,600 4,550,000
Native American Housing Block Grants....... 2013 Such sums as 616,001 755,000
necessary
Indian Housing Loan Guarantee Fund......... 2012 Such sums as 6,000 1,440
necessary
Housing Opportunity for Persons with Aids.. 1994 156,300 156,000 393,000
Community Development Fund................. 1994 4,168,000 4,877,389 3,365,000
Community Development Loan Guarantee 1994 not applicable not applicable [300,000]
Limitation................................
Home Investment Partnerships Program....... 1994 2,173,612 1,275,000 1,200,000
Choice Neighborhoods Initiatives........... n/a not applicable not applicable 150,000
Self-Help Homeownership Opportunity Program 2001 Such sums as 48,000 50,000
necessary
Homeless Assistance........................ 2011 Such sums as 1,901,190 2,571,000
necessary
Housing for the Elderly.................... 2003 Such sums as 783,286 678,000
necessary
Housing for Persons with Disabilities...... 2015 300,000 135,000 154,000
FHA General and Special Risk Program Account:
Limitations on Guaranteed Loans............ 1995 Such sums as [20,885,072] [30,000,000]
necessary
Limitation on Direct Loans................. 1995 Such sums as [220,000] [1,000]
necessary
GNMA Mortgage Backed Securities Loan Guarantee
Program Account:
Limitations on Guaranteed Loans............ 1996 [110,000,000] [110,000,000] [550,000,000]
Administrative Expenses.................... 1996 Such sums as 9,101 24,400
necessary
Policy Development and Research............ 1994 36,470 35,000 89,000
Fair Housing Activities, Fair Housing 1994 26,000 20,481 65,300
Program...................................
Lead Hazard Reduction Program.............. 1994 250,000 150,000 230,000
Title III--Related Agencies
National Transportation Safety Board........... 2008 92,625 84,499 110,400
Neighborhood Reinvestment Corporation.......... 1994 30,714 31,715 140,000
Federal Maritime Commission.................... 2017 24,700 27,490 27,490
----------------------------------------------------------------------------------------------------------------
PROGRAM DUPLICATION
No provision of this bill establishes or reauthorizes a
program of the Federal government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.
DIRECTED RULE MAKING
The bill does not direct any rule making.
COMPARISON WITH THE BUDGET RESOLUTION
Pursuant to clause 3(c)(2) of rule XIII of the Rules of the
House of Representatives and Section 308(a)(1)(A) of the
Congressional Budget Act of 1974, the following table compares
the levels of new budget authority provided in the bill with
the appropriate allocations under section 302(b) of the Budget
Act:
BUDGETARY IMPACT OF FY2019 TRANSPORTATION AND 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 and Housing and Urban
Development and Related Agencies:
Mandatory................................... 0 0 0\1\ 0
Discretionary............................... 71,800 135,000 71,800 132,364
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
FIVE-YEAR OUTLAY PROJECTIONS
Pursuant to section 308(a)(1)(B) of the Congressional
Budget Act of 1974, the following table contains five-year
projections prepared by the Congressional Budget Office of
outlays associated with the budget authority provided in the
accompanying bill:
[In millions of dollars]
------------------------------------------------------------------------
------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2019............................................. \2\45,621
2020............................................. 43,901
2021............................................. 17,938
2022............................................. 8,608
2023 and future years............................ 13,500
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
Pursuant to section 308(a)(1)(C) of the Congressional
Budget Act of 1974, the amounts of financial assistance to
State and local governments is as follows:
[In millions of dollars]
------------------------------------------------------------------------
Budget
Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and local 38,346 \2\33,735
governments for 2019...................
------------------------------------------------------------------------
\2\Excludes outlays from prior-year budget authority.
MINORITY VIEWS
We want to begin by once again thanking subcommittee
Chairman Diaz-Balart for his efforts to accommodate the
requests of Democratic members. The Chairman has been
accessible and receptive to member priorities on both sides of
the aisle, and understands the infrastructure needs of the
country. The funding in the bill is appropriate, though
Democrats would have made some realignments to prioritize
additional housing and transit resources in the bill. However,
we cannot consider this bill in a vacuum, and we vehemently
disagree with the overall funding levels presented by the
majority. Until Republicans and Democrats work in a bipartisan
manner to more evenly distribute funding across all twelve
appropriations bills, it will be difficult to pass these bills
into law. We will not accept the premise that we must underfund
the education, healthcare, and job training programs in this
country, as well as critical environmental protections, to deal
with our infrastructure needs. Equally problematic is the
inclusion of controversial policy provisions, commonly known as
``riders,'' in the bill that assuredly decrease the likelihood
of enactment.
This year's allocation is $71.8 billion for critical
transportation, housing, and community development programs at
the Departments of Transportation (DOT), Housing and Urban
Development (HUD), and related agencies, a $1.5 billion
increase over last year's enacted level. It allows us to build
on many of the success of the recently enacted 2018 omnibus,
which represented an important down payment to address our
nation's pressing infrastructure and housing needs.
The bill justly ignores the President's budget and funds
transit and rail programs that the President's budget proposed
to eliminate. Democrats sought to provide a more balanced
approach to transportation funding in the bill by moving excess
highway funding to rail and transit, but that amendment failed.
The bill preserves the popular TIGER (BUILD) grant program and
ensures an appropriate balance between rural and urban
projects. The bill also would provide additional budget
authority for aviation, transit, and highway projects above the
FAST Act authorized levels.
On the housing side of the ledger, funding is less robust
but largely locks in the increases that were included in the
2018 omnibus. However, we must note that level funding does not
equate sufficient funding.
We are pleased that the bill included funding for several
special voucher categories, including:
$40 million for additional HUD-VASH vouchers
for veterans,
$390 million for Section 811 ``mainstream''
vouchers for the disabled, and
$50 million to fund a new mobility
demonstration project to assist low-income families in
finding housing in high-opportunity neighborhoods.
While numerous programs are well-funded, it is unfortunate
that several were reduced. We remain concerned that the renewal
numbers in the bill are not sufficient to renew all vouchers,
especially in light of the thousands of new vouchers funded in
the FY 2018 omnibus.
The Public Housing Capital Fund and Community Development
Block Grants are flat funded at $2.75 billion and $3.3 billion,
respectively. Advocates for public housing recommend that the
Capital Fund be increased to $5 billion. While this would still
be far from adequate to address the $26 billion maintenance
backlog in our public housing, it would build on the progress
we made last year.
The bill's slashing of the funding for the HOME Investment
Partnerships program, which is so often utilized as key ``gap
funding'' in new affordable housing developments, is also
troubling. It receives $1.2 billion, a 12 percent cut from last
year's enacted level. With this bill's increased allocation,
this cut is inexcusable and demonstrates Republicans' raw deal
for the American people.
Additionally, important housing grant programs like Section
202 for the Elderly and Section 811 for the Disabled receive
enough funding to continue existing renewals and contracts, but
not enough to construct new units. This is inexplicable. There
is an acute need for additional units for both our elderly and
disabled populations, and these programs have proven their
worth in addressing this need. Developing sufficient units to
meet the need will require sustained effort over multiple years
so delaying construction makes no sense. In fact, the
bipartisan budget caps deal leaves room for that growth.
Unfortunately, Republicans continue to demonstrate their skewed
priorities in the funding levels for these housing programs.
These programs literally put roofs over the heads of our most
vulnerable citizens. This bill misses an opportunity to start
making real progress to help those in need.
To address these critical housing issues, Ranking Member
Price offered an amendment that would fully fund all Tenant-
based and project-based Section 8 units and restore cuts to the
Housing for the Elderly, Housing for the Disabled, and the HOME
program. Also, Rep. Lee offered an amendment to restore the
HOME program to the FY 2018 level. Both were rejected on party-
line votes.
For the first time since FY 1986, the bill does not include
a cap on political appointees at the Department of
Transportation. We highly doubt that the addition of more
political appointees at the Department will improve the
administration of transportation programs or allow them to
better comply with Congressional intent. Rep. Aguilar offered
an amendment to restore this longstanding provision to the
bill. It was defeated on a party-line vote.
Finally, we strongly oppose several controversial policy
riders that attack high speed rail, harm labor rights, and roll
back transportation safety for the traveling public. Democrats
offered an amendment to strike these objectionable provisions,
which Republicans did not support, despite the fact that these
riders are so poisonous they have been repeatedly stripped from
previous bills. The majority's support for provisions that make
our roads less safe and block critical infrastructure is
dumbfounding. These provisions once again prioritize corporate
profit over saving lives.
In conclusion, we must reiterate our concerns about the
shortcomings in this bill that were unnecessary, given its
allocation level as well as the overall appropriations process
this year. Our bill's robust allocation is largely the result
of successful bipartisan budget negotiations that concluded
earlier this year, but this collaborative approach has not been
continued in determining allocations for fiscal year 2019. We
enjoy a close working relationship Chairman Diaz-Balart, a
situation replicated on most subcommittees. But that
relationship contrasts considerably with the partisan exclusion
we've seen at the full committee level and the continued
inclusion of policy provisions that we know will make enactment
of this bill more difficult.
This year, like every year, Democratic votes will be needed
to enact appropriations legislation. We would do better to
start functioning in a bipartisan manner sooner rather than
later.
Nita M. Lowey.
David E. Price.
[all]