[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]