[Congressional Record Volume 161, Number 170 (Wednesday, November 18, 2015)]
[Senate]
[Pages S8034-S8058]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2016
Mr. McCONNELL. Mr. President, pursuant to the previous order, I ask
that the Senate proceed to the consideration of H.R. 2577.
The PRESIDING OFFICER. Under the previous order, the Senate will
proceed to the consideration of H.R. 2577, which the clerk will report.
The senior assistant legislative clerk read as follows:
A bill (H.R. 2577) making appropriations for the
Departments of Transportation, and Housing and Urban
Development, and related agencies for the fiscal year ending
September 30, 2016, and for other purposes.
Thereupon, the Senate proceeded to consider the bill, which had been
reported from the Committee on Appropriations, with an amendment to
strike all after the enacting clause and insert in lieu thereof the
following:
H.R. 2577
That the following sums are appropriated, out of any money in
the Treasury not otherwise appropriated, for the Departments
of Transportation, and Housing and Urban Development, and
related agencies for the fiscal year ending September 30,
2016, and for other purposes, namely:
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary,
$110,738,000, of which not to exceed $2,734,000 shall be
available for the immediate Office of the Secretary; not to
exceed $1,025,000 shall be available for the immediate Office
of the Deputy Secretary; not to exceed $20,109,000 shall be
available for the Office of the General Counsel; not to
exceed $10,141,000 shall be available for the Office of the
Under Secretary of Transportation for Policy; not to exceed
$13,867,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $27,411,000
shall be available for the Office of the Assistant Secretary
for Administration; not to exceed $2,029,000 shall be
available for the Office of Public Affairs; not to exceed
$1,769,000 shall be available for the Office of the Executive
Secretariat; not to exceed $1,434,000 shall be available for
the Office of Small and Disadvantaged Business Utilization;
not to exceed $10,793,000 shall be available for the Office
of Intelligence, Security, and Emergency Response; and not to
exceed $16,880,000 shall be available for the Office of the
Chief Information Officer: Provided, That the Secretary of
Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other
office of the Office of the Secretary: Provided further,
That no appropriation for any office shall be increased or
decreased by more than 5 percent by all such transfers:
Provided further, That notice of any change in funding
greater than 5 percent shall be submitted for approval to the
House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation
within the Department for official reception and
representation expenses as the Secretary may determine:
Provided further, That notwithstanding any other provision of
law, excluding fees authorized in Public Law 107-71, there
may be credited to this appropriation up to $2,500,000 in
funds received in user fees: Provided further, That none of
the funds provided in this Act shall be available for the
position of Assistant Secretary for Public Affairs: Provided
further, That not later than 60 days after the date of
enactment of this Act, the Secretary of Transportation shall
transmit to Congress the final Comprehensive Truck Size and
Weight Limits Study, as required by section 32801 of Public
Law 112-141: Provided further, That the amount herein
appropriated for the Office of the Under Secretary for
Transportation Policy shall be reduced by $100,000 for each
day after 60 days after the date of enactment of this Act
that such report has not been submitted to Congress:
Provided further, That the Secretary shall provide the House
and Senate Committees on Appropriations quarterly written
notification regarding the status of pending reports required
to be submitted to the House and Senate Committees on
Appropriations: Provided further, That the Secretary shall
provide in electronic form all signed reports required by
Congress.
research and technology
For necessary expenses related to the Office of the
Assistant Secretary for Research and Technology, $13,000,000,
of which $8,218,000 shall remain available until September
30, 2018: Provided, That there may be credited to this
appropriation, to be available until expended, funds received
from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for
training: Provided further, That any reference in law,
regulation, judicial proceedings, or elsewhere to the
Research and Innovative Technology Administration shall
continue to be deemed to be a reference to the Office of the
Assistant Secretary for Research and Technology of the
Department of Transportation.
national infrastructure investments
For capital investments in surface transportation
infrastructure, $500,000,000, to remain available through
September 30, 2019: Provided, That the Secretary of
Transportation shall distribute funds provided under this
heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among
such entities on a competitive basis for projects that will
have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for
funding provided under this heading shall include, but not be
limited to, highway or bridge projects eligible under title
23, United States Code; public transportation projects
eligible under chapter 53 of title 49, United States Code;
passenger and freight rail transportation projects; and port
infrastructure investments (including inland port
infrastructure): Provided further, That the Secretary may
use up to 20 percent of the funds made available under this
heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit
assistance under chapter 6 of title 23, United States Code,
if the Secretary finds that such use of the funds would
advance the purposes of this paragraph: Provided further,
That in distributing funds provided under this heading, the
Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate
balance in addressing the needs of urban and rural areas, and
the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading
shall be not less than $10,000,000 and not greater than
$100,000,000: Provided further, That not more than 25
percent of the funds made available under this heading may be
awarded to projects in a single State: Provided further,
That the Federal share of the costs for which an expenditure
is made under this heading shall be, at the option of the
recipient, up to 80 percent: Provided further, That the
Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall
financing package: Provided further, That not less than 30
percent of the funds provided under this heading shall be for
projects located in rural areas: Provided further, That for
projects located in rural areas, the minimum grant size shall
be $1,000,000 and the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That of
the amount made available under this heading, the Secretary
may use an amount not to exceed $25,000,000 for the planning,
preparation or design of projects eligible for funding under
this heading: Provided further, That grants awarded under
the previous proviso shall not be subject to a minimum grant
size: Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States
Code: Provided further, That the Secretary shall conduct a
new competition to select the grants and credit assistance
awarded under this heading: Provided further, That the
Secretary may retain up to $20,000,000 of the funds provided
under this heading, and may transfer portions of those funds
to the Administrators of the Federal Highway Administration,
the Federal Transit Administration, the Federal Railroad
Administration, and the Maritime Administration, to fund the
award and oversight of grants and credit assistance made
under the National Infrastructure Investments program.
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and re-
engineering business processes, $5,000,000, to remain
available through September 30, 2017.
cyber security initiatives
For necessary expenses for cyber security initiatives,
including necessary upgrades to wide area network and
information technology infrastructure, improvement of network
perimeter controls and identity management, testing and
assessment of information technology against business,
security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure
enhancements, implementation of enhanced security controls on
network devices, and enhancement of cyber security workforce
training tools, $8,000,000, to remain available through
September 30, 2017.
office of civil rights
For necessary expenses of the Office of Civil Rights,
$9,678,000.
transportation planning, research, and development
For necessary expenses for conducting transportation
planning, research, systems development, development
activities, and making grants, to remain available until
expended, $6,000,000.
interagency infrastructure permitting improvement center
For necessary expenses to establish an Interagency
Infrastructure Permitting Improvement Center (IIPIC) that
will implement reforms to improve interagency coordination
and the expediting of projects related to the permitting and
environmental review of major transportation
[[Page S8035]]
infrastructure projects including one-time expenses to
develop and deploy information technology tools to track
project schedules and metrics and improve the transparency
and accountability of the permitting process, $4,000,000, to
remain available until expended: Provided, That there may be
transferred to this appropriation, to remain available until
expended, amounts from other Federal agencies for expenses
incurred under this heading for activities not related to
transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available
to other Federal agencies for the permitting and review of
major infrastructure projects not related to transportation
only to the extent that other Federal agencies provide
funding to the Department as provided for under the previous
proviso.
working capital fund
For necessary expenses for operating costs and capital
outlays of the Working Capital Fund, not to exceed
$190,039,000 shall be paid from appropriations made available
to the Department of Transportation: Provided, That such
services shall be provided on a competitive basis to entities
within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not
apply to non-DOT entities: Provided further, That no funds
appropriated in this Act to an agency of the Department shall
be transferred to the Working Capital Fund without majority
approval of the Working Capital Fund Steering Committee and
approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget
activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are
presented to the House and Senate Committees on
Appropriations and are approved by such Committees.
minority business resource center program
For the cost of guaranteed loans, $336,000, as authorized
by 49 U.S.C. 332: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total
loan principal, any part of which is to be guaranteed, not to
exceed $18,367,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $597,000.
minority business outreach
For necessary expenses of Minority Business Resource Center
outreach activities, $3,084,000, to remain available until
September 30, 2017: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities
related to any mode of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source
to carry out the essential air service program under 49
U.S.C. 41731 through 41742, $175,000,000, to be derived from
the Airport and Airway Trust Fund, to remain available until
expended: Provided, That in determining between or among
carriers competing to provide service to a community, the
Secretary may consider the relative subsidy requirements of
the carriers: Provided further, That basic essential air
service minimum requirements shall not include the 15-
passenger capacity requirement under subsection 41732(b)(3)
of title 49, United States Code: Provided further, That none
of the funds in this Act or any other Act shall be used to
enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the
Secretary has negotiated with the community over a local cost
share: Provided further, That amounts authorized to be
distributed for the essential air service program under
subsection 41742(b) of title 49, United States Code, shall be
made available immediately from amounts otherwise provided to
the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such
amounts from fees credited to the account established under
section 45303 of title 49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the
Office of the Secretary of Transportation to approve
assessments or reimbursable agreements pertaining to funds
appropriated to the modal administrations in this Act, except
for activities underway on the date of enactment of this Act,
unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. The Secretary or his or her designee may engage
in activities with States and State legislators to consider
proposals related to the reduction of motorcycle fatalities.
Sec. 103. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is hereby authorized to provide payments in
advance to vendors that are necessary to carry out the
Federal transit pass transportation fringe benefit program
under Executive Order 13150 and section 3049 of Public Law
109-59: Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely
and high-quality performance under the contract.
Sec. 104. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of
the Credit Council, including the agenda for each meeting,
and require the Credit Council to record the decisions and
actions of each meeting.
Sec. 105. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this Act
shall be used to finalize or implement sections 256.1 through
256.5 and 399.80 of the Department of Transportation's
proposed rulemaking, as published in the Federal Register on
Friday, May 23, 2014 (79 FR 29969), relating to Transparency
of Airline Ancillary Fees and Other Consumer Protection
Issues.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation
Administration, not otherwise provided for, including
operations and research activities related to commercial
space transportation, administrative expenses for research
and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of
aircraft, subsidizing the cost of aeronautical charts and
maps sold to the public, lease or purchase of passenger motor
vehicles for replacement only, in addition to amounts made
available by Public Law 112-95, $9,897,818,000 of which
$8,180,000,000 shall be derived from the Airport and Airway
Trust Fund, of which not to exceed $7,505,293,000 shall be
available for air traffic organization activities; not to
exceed $1,258,411,000 shall be available for aviation safety
activities; not to exceed $17,425,000 shall be available for
commercial space transportation activities; not to exceed
$748,969,000 shall be available for finance and management
activities; not to exceed $60,089,000 shall be available for
NextGen and operations planning activities; not to exceed
$100,880,000 shall be available for security and hazardous
materials safety; and not to exceed $206,751,000 shall be
available for staff offices: Provided, That not to exceed 2
percent of any budget activity, except for aviation safety
budget activity, may be transferred to any budget activity
under this heading: Provided further, That no transfer may
increase or decrease any appropriation by more than 2
percent: Provided further, That any transfer in excess of 2
percent shall be treated as a reprogramming of funds under
section 405 of this Act and shall not be available for
obligation or expenditure except in compliance with the
procedures set forth in that section: Provided further, That
not later than March 31 of each fiscal year hereafter, the
Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of
Public Law 108-176: Provided further, That the amount herein
appropriated shall be reduced by $100,000 for each day after
March 31 that such report has not been submitted to the
Congress: Provided further, That not later than March 31 of
each fiscal year hereafter, the Administrator shall transmit
to Congress a companion report that describes a comprehensive
strategy for staffing, hiring, and training flight standards
and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including
stated attrition estimates and numerical hiring goals by
fiscal year: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress: Provided further, That funds may be used to enter
into a grant agreement with a nonprofit standard-setting
organization to assist in the development of aviation safety
standards: Provided further, That none of the funds in this
Act shall be available for new applicants for the second
career training program: Provided further, That none of the
funds in this Act shall be available for the Federal Aviation
Administration to finalize or implement any regulation that
would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this
Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from
States, counties, municipalities, foreign authorities, other
public authorities, and private sources for expenses incurred
in the provision of agency services, including receipts for
the maintenance and operation of air navigation facilities,
and for issuance, renewal or modification of certificates,
including airman, aircraft, and repair station certificates,
or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $154,400,000
shall be for the contract tower program, including the
contract tower cost share program: Provided further, That
none of the funds in this Act for aeronautical charting and
cartography are available for activities conducted by, or
coordinated through, the Working Capital Fund.
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
acquisition, establishment, technical support services,
improvement by contract or purchase, and hire of national
airspace systems and experimental facilities and equipment,
as authorized under part A of subtitle VII of title 49,
United States Code, including initial acquisition of
necessary sites by lease or grant; engineering and service
testing, including construction of test facilities and
acquisition of necessary sites by lease or grant;
construction and furnishing of quarters and related
accommodations for officers and employees of the Federal
Aviation Administration stationed at remote localities where
such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under
this heading, including aircraft for aviation regulation and
certification; to be derived from the Airport and Airway
Trust Fund, $2,600,000,000, of which
[[Page S8036]]
$467,000,000 shall remain available until September 30, 2016,
and $2,133,000,000 shall remain available until September 30,
2018: Provided, That there may be credited to this
appropriation funds received from States, counties,
municipalities, other public authorities, and private
sources, for expenses incurred in the establishment,
improvement, and modernization of national airspace systems:
Provided further, That no later than March 31, the Secretary
of Transportation shall transmit to the Congress an
investment plan for the Federal Aviation Administration which
includes funding for each budget line item for fiscal years
2017 through 2021, with total funding for each year of the
plan constrained to the funding targets for those years as
estimated and approved by the Office of Management and
Budget: Provided further, That the amount herein
appropriated shall be reduced by $100,000 per day for each
day after March 31 that such report has not been submitted to
Congress.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under
part A of subtitle VII of title 49, United States Code,
including construction of experimental facilities and
acquisition of necessary sites by lease or grant,
$163,325,000, to be derived from the Airport and Airway Trust
Fund and to remain available until September 30, 2018:
Provided, That there may be credited to this appropriation as
offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private
sources, which shall be available for expenses incurred for
research, engineering, and development.
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
(including rescission)
For liquidation of obligations incurred for grants-in-aid
for airport planning and development, and noise compatibility
planning and programs as authorized under subchapter I of
chapter 471 and subchapter I of chapter 475 of title 49,
United States Code, and under other law authorizing such
obligations; for procurement, installation, and commissioning
of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section
41743 of title 49, United States Code; and for inspection
activities and administration of airport safety programs,
including those related to airport operating certificates
under section 44706 of title 49, United States Code,
$3,600,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided,
That none of the funds under this heading shall be available
for the planning or execution of programs the obligations for
which are in excess of $3,350,000,000 in fiscal year 2016,
notwithstanding section 47117(g) of title 49, United States
Code: Provided further, That none of the funds under this
heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas,
or other airport improvements that are necessary to install
bulk explosive detection systems: Provided further, That
notwithstanding section 47109(a) of title 49, United States
Code, the Government's share of allowable project costs under
paragraph (2) for subgrants or paragraph (3) of that section
shall be 95 percent for a project at other than a large or
medium hub airport that is a successive phase of a multi-
phased construction project for which the project sponsor
received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not
more than $107,100,000 shall be obligated for administration,
not less than $15,000,000 shall be available for the Airport
Cooperative Research Program, not less than $31,000,000 shall
be available for Airport Technology Research, and
$10,000,000, to remain available until expended, shall be
available and transferred to ``Office of the Secretary,
Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in
addition to airports eligible under section 41743 of title
49, such program may include the participation of an airport
that serves a community or consortium that is not larger than
a small hub airport, according to FAA hub classifications
effective at the time the Office of the Secretary issues a
request for proposals.
(rescission)
Of the amounts authorized for the fiscal year ending
September 30, 2016, under section 48112 of title 49, United
States Code, all unobligated balances are permanently
rescinded.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to
compensate in excess of 600 technical staff-years under the
federally funded research and development center contract
between the Federal Aviation Administration and the Center
for Advanced Aviation Systems Development during fiscal year
2016.
Sec. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport
sponsors to provide to the Federal Aviation Administration
without cost building construction, maintenance, utilities
and expenses, or space in airport sponsor-owned buildings for
services relating to air traffic control, air navigation, or
weather reporting: Provided, That the prohibition of funds
in this section does not apply to negotiations between the
agency and airport sponsors to achieve agreement on ``below-
market'' rates for these items or to grant assurances that
require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation
Administration may reimburse amounts made available to
satisfy 49 U.S.C. 41742(a)(1) from fees credited under 49
U.S.C. 45303 and any amount remaining in such account at the
close of that fiscal year may be made available to satisfy
section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of
title 49, United States Code, shall be credited to the
appropriation current at the time of collection, to be merged
with and available for the same purposes of such
appropriation.
Sec. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5,
United States Code, to any Federal Aviation Administration
employee unless such employee actually performed work during
the time corresponding to such premium pay.
Sec. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation
Administration to purchase a store gift card or gift
certificate through use of a Government-issued credit card.
Sec. 116. The Secretary shall apportion to the sponsor of
an airport that received scheduled or unscheduled air service
from a large certified air carrier (as defined in part 241 of
title 14 Code of Federal Regulations, or such other
regulations as may be issued by the Secretary under the
authority of section 41709) an amount equal to the minimum
apportionment specified in 49 U.S.C. 47114(c), if the
Secretary determines that airport had more than 10,000
passenger boardings in the preceding calendar year, based on
data submitted to the Secretary under part 241 of title 14,
Code of Federal Regulations.
Sec. 117. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the
Federal Aviation Administration without the prior written
approval of the Assistant Secretary for Administration of the
Department of Transportation.
Sec. 118. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act
may be used to implement or to continue to implement any
limitation on the ability of any owner or operator of a
private aircraft to obtain, upon a request to the
Administrator of the Federal Aviation Administration, a
blocking of that owner's or operator's aircraft registration
number from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 119. None of the funds in this Act shall be available
for salaries and expenses of more than 9 political and
Presidential appointees in the Federal Aviation
Administration.
Sec. 119A. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the FAA provides to the
House and Senate Committees on Appropriations a report that
justifies all fees related to aeronautical navigation
products and explains how such fees are consistent with
Executive Order 13642.
Sec. 119B. None of the funds appropriated or limited by
this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New
Jersey.
Sec. 119C. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation
Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on
Appropriations not less than 90 full business days in
advance.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $429,348,000, together with advances and
reimbursements received by the Federal Highway
Administration, shall be obligated for necessary expenses for
administration and operation of the Federal Highway
Administration or transferred to the Appalachian Regional
Commission in accordance with section 104 of title 23, United
States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds available for the implementation or execution of
Federal-aid highways and highway safety construction programs
authorized under titles 23 and 49, United States Code, and
the provisions of Public Law 112-141 shall not exceed total
obligations of $40,256,000,000 for fiscal year 2016:
Provided, That the Secretary may collect and spend fees, as
authorized by title 23, United States Code, to cover the
costs of services of expert firms, including counsel, in the
field of municipal and project finance to assist in the
underwriting and servicing of Federal credit instruments and
all or a portion of the costs to the Federal Government of
servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs:
Provided further, That such amounts are in addition to
administrative expenses that are also available for such
purpose, and are not subject to any obligation limitation or
the limitation on administrative expenses under section 608
of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out
Federal-aid highways and highway safety construction programs
authorized under title 23, United States Code,
$40,995,000,000 derived from the Highway Trust
[[Page S8037]]
Fund (other than the Mass Transit Account), to remain
available until expended.
administrative provisions--federal highway administration
Sec. 120. (a) For fiscal year 2016, the Secretary of
Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses and
programs by section 104(a) of title 23, United States Code;
and
(B) amounts authorized for the Bureau of Transportation
Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund (other than
the Mass Transit Account) for Federal-aid highways and
highway safety construction programs for previous fiscal
years the funds for which are allocated by the Secretary (or
apportioned by the Secretary under section 202 or 204 of
title 23, United States Code); and
(B) for which obligation limitation was provided in a
previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under
paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated for
the Federal-aid highways and highway safety construction
programs (other than sums authorized to be appropriated for
provisions of law described in paragraphs (1) through (11) of
subsection (b) and sums authorized to be appropriated for
section 119 of title 23, United States Code, equal to the
amount referred to in subsection (b)(12) for such fiscal
year), less the aggregate of the amounts not distributed
under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated
by the Secretary under the Moving Ahead for Progress in the
21st Century Act and title 23, United States Code, or
apportioned by the Secretary under sections 202 or 204 of
that title, by multiplying--
(A) the proportion determined under paragraph (3); by
(B) the amounts authorized to be appropriated for each such
program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highways and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the programs
that are apportioned under title 23, United States Code, to
each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated
for the programs that are apportioned under title 23, United
States Code, to all States for such fiscal year.
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to
obligations under or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highways programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not
lapsed or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an
amount equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially
made available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2016, only in an amount
equal to $639,000,000).
(c) Redistribution of Unused Obligation Authority.--
Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed
cannot be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States
having large unobligated balances of funds apportioned under
sections 144 (as in effect on the day before the date of
enactment of Public Law 112-141) and 104 of title 23, United
States Code.
(d) Applicability of Obligation Limitations to
Transportation Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs
carried out under--
(A) chapter 5 of title 23, United States Code; and
(B) division E of the Moving Ahead for Progress in the 21st
Century Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) remain available for a period of 4 fiscal years; and
(B) be in addition to the amount of any limitation imposed
on obligations for Federal-aid highways and highway safety
construction programs for future fiscal years.
(e) Redistribution of Certain Authorized Funds.--
(1) In general.--Not later than 30 days after the date of
distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds
(excluding funds authorized for the program under section 202
of title 23, United States Code) that--
(A) are authorized to be appropriated for such fiscal year
for Federal-aid highways programs; and
(B) the Secretary determines will not be allocated to the
States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not be
available for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding 31 U.S.C. 3302, funds received
by the Bureau of Transportation Statistics from the sale of
data products, for necessary expenses incurred pursuant to
chapter 63 of title 49, United States Code, may be credited
to the Federal-aid highways account for the purpose of
reimbursing the Bureau for such expenses: Provided, That
such funds shall be subject to the obligation limitation for
Federal-aid highways and highway safety construction
programs.
Sec. 122. Not less than 15 days prior to waiving, under
his or her statutory authority, any Buy America requirement
for Federal-aid highways projects, the Secretary of
Transportation shall make an informal public notice and
comment opportunity on the intent to issue such waiver and
the reasons therefor: Provided, That the Secretary shall
provide an annual report to the House and Senate Committees
on Appropriations on any waivers granted under the Buy
America requirements.
Sec. 123. None of the funds in this Act to the Department
of Transportation may be used to provide credit assistance
unless not less than 3 days before any application approval
to provide credit assistance under sections 603 and 604 of
title 23, United States Code, the Secretary of Transportation
provides notification in writing to the following committees:
the House and Senate Committees on Appropriations; the
Committee on Environment and Public Works and the Committee
on Banking, Housing and Urban Affairs of the Senate; and the
Committee on Transportation and Infrastructure of the House
of Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project
sponsor; a description of the project; whether credit
assistance will be provided as a direct loan, loan guarantee,
or line of credit; and the amount of credit assistance.
Sec. 124. From the unobligated balances of funds
apportioned among the States prior to October 1, 2012, under
sections 104(b) of title 23, United States Code (as in effect
on the day before the date of enactment of Public Law 112-
141), the amount of $22,348,000 shall be made available in
fiscal year 2016 for the administrative expenses of the
Federal Highway Administration: Provided, That this
provision shall not apply to funds distributed in accordance
with section 104(b)(5) of title 23, United States Code (as in
effect on the day before the date of enactment of Public Law
112-141); section 133(d)(1) of such title (as in effect on
the day before the date of enactment of Public Law 109-59);
and the first sentence of section 133(d)(3)(A) of such title
(as in effect on the day before the date of enactment of
Public Law 112-141): Provided further, That such amount
shall be derived on a proportional basis from the unobligated
balances of apportioned funds to which this provision
applies: Provided further, That the amount made available by
this provision in fiscal year 2016 for the administrative
expenses of the Federal Highway Administration shall be in
addition to the amount made available in fiscal year 2016 for
such purposes under section 104(a) of title 23, United States
Code.
Sec. 125. Section 127 of title 23, United States Code, is
amended by adding at the end the following:
``(m) Operation of Certain Specialized Hauling Vehicles on
Certain Texas Highways.--
``(1) In general.--If any segment of United States Route
59, United States Route 77, United States Route 281, United
States Route 84, or routes otherwise made eligible for
designation as Interstate Route 69, is designated as
Interstate
[[Page S8038]]
Route 69, 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 any segment of
United States Route 59, United States Route 77, United States
Route 281, United States Route 84, and routes otherwise made
eligible for designation as Interstate Route 69 in Texas.
``(n) 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 Arkansas Highway 14 and
Arkansas Highway 75 is designated as part of the Interstate
System--
``(1) a vehicle that could legally operate on the segment
before the date of such designation at the posted speed limit
may continue to operate on that segment; and
``(2) a vehicle that can only travel slower than the posted
speed limit on the segment and could otherwise legally
operate on the segment before the date of such designation
may continue to operate on that segment during daylight
hours.''.
Sec. 126. (a) A State or territory, as defined in section
165 of title 23, United States Code, may use for any project
eligible under section 133(b) of title 23 or section 165 of
title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation, provided that the Department of Transportation
for the State or territory for which the earmarked amount was
originally designated or directed notifies the Secretary of
Transportation of its intent to use its authority under this
section and submits a quarterly report to the Secretary
identifying the projects to which the funding would be
applied. Notwithstanding the original period of availability
of funds to be obligated under this section, such funds and
associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal
year in which the Secretary of Transportation is notified.
The Federal share of the cost of a project carried out with
funds made available under this section shall be the same as
associated with the earmark.
(b) In this section, the term ``earmarked amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the fiscal year in which this Act
becomes effective, and administered by the Federal Highway
Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the fiscal year in which this Act
becomes effective, and administered by the Federal Highway
Administration.
(c) The authority under subsection (a) may be exercised
only for those projects or activities that have obligated
less than 10 percent of the amount made available for
obligation as of the effective date of this Act, and shall be
applied to projects within the same general geographic area
within 50 miles for which the funding was designated, except
that a State or territory may apply such authority to
unexpended balances of funds from projects or activities the
State or territory certifies have been closed and for which
payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each
quarter to the House and Senate Committees on Appropriations.
Sec. 127. (a) In General.--Section 31112(c)(5) of title 49,
United States Code, is amended--
(1) by striking ``Nebraska may'' and inserting ``Nebraska
and Kansas may''; and
(2) by striking ``the State of Nebraska'' and inserting
``the relevant state''.
(b) Conforming and Technical Amendments.--Section 31112(c)
of such title is amended--
(1) by striking the subsection designation and heading and
inserting the following:
``(c) Special Rules for Wyoming, Ohio, Alaska, Iowa,
Nebraska, and Kansas.--'';
(2) by striking ``; and'' at the end of paragraph (3) and
inserting a semicolon; and
(3) by striking the period at the end of paragraph (4) and
inserting ``; and''.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety
operations and programs pursuant to section 31104(i) of title
49, United States Code, and sections 4127 and 4134 of Public
Law 109-59, as amended by Public Law 112-141, $259,000,000,
to be derived from the Highway Trust Fund (other than the
Mass Transit Account), together with advances and
reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until
expended: Provided, That funds available for implementation,
execution or administration of motor carrier safety
operations and programs authorized under title 49, United
States Code, shall not exceed total obligations of
$259,000,000 for ``Motor Carrier Safety Operations and
Programs'' for fiscal year 2016, of which $9,000,000, to
remain available for obligation until September 30, 2018, is
for the research and technology program, and of which
$34,545,000, to remain available for obligation until
September 30, 2018, is for information management: Provided
further, That $1,000,000 shall be made available for
commercial motor vehicle operator grants to carry out section
4134 of Public Law 109-59, as amended by Public Law 112-141.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
sections 31102, 31104(a), 31106, 31107, 31109, 31309, 31313
of title 49, United States Code, and sections 4126 and 4128
of Public Law 109-59, as amended by Public Law 112-141,
$313,000,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That funds available for the
implementation or execution of motor carrier safety programs
shall not exceed total obligations of $313,000,000 in fiscal
year 2016 for ``Motor Carrier Safety Grants''; of which
$218,000,000 shall be available for the motor carrier safety
assistance program, $30,000,000 shall be available for
commercial driver's license program improvement grants,
$32,000,000 shall be available for border enforcement grants,
$5,000,000 shall be available for performance and
registration information system management grants,
$25,000,000 shall be available for the commercial vehicle
information systems and networks deployment program, and
$3,000,000 shall be available for safety data improvement
grants: Provided further, That, of the funds made available
herein for the motor carrier safety assistance program,
$32,000,000 shall be available for audits of new entrant
motor carriers.
administrative provisions--federal motor carrier safety administration
Sec. 130. (a) Funds appropriated or limited in this Act
shall be subject to the terms and conditions stipulated in
section 350 of Public Law 107-87 and section 6901 of Public
Law 110-28.
(b) Section 350(d) of the Department of Transportation and
Related Agencies Appropriation Act, 2002 (Public Law 107-87)
is hereby repealed.
Sec. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of
delivery which records the receipt of the notice by the
persons responsible for the violations.
Sec. 132. None of the funds limited or otherwise made
available under this Act, or any other Act, hereafter, shall
be used by the Secretary to enforce any regulation
prohibiting a State from issuing a commercial learner's
permit to individuals under the age of eighteen if the State
had a law authorizing the issuance of commercial learner's
permits to individuals under eighteen years of age as of May
9, 2011.
Sec. 133. None of the funds limited or otherwise made
available under the heading ``Motor Carrier Safety Operations
and Programs'' may be used to deny an application to renew a
Hazardous Materials Safety Program permit for a motor carrier
based on that carrier's Hazardous Materials Out-of-Service
rate, unless the carrier has the opportunity to submit a
written description of corrective actions taken, and other
documentation the carrier wishes the Secretary to consider,
including submitting a corrective action plan, and the
Secretary determines the actions or plan is insufficient to
address the safety concerns that resulted in that Hazardous
Materials Out-of-Service rate.
Sec. 134. Funds appropriated or otherwise made available
by this Act or any other Act shall be used hereafter to
enforce sections 395.3(c) and 395.3(d) of title 49, Code of
Federal Regulations, only if the final report issued by the
Secretary required by section 133 of division K of Public Law
113-235 finds that the July 1, 2013 restart provisions
resulted in statistically significant net safety benefits and
the Inspector General certifies that the final report meets
the statutory requirements of Public Law 113-235.
Sec. 135. Funds made available by this Act or any other
Act may be used to develop, issue, or implement any
regulation that increases levels of minimum financial
responsibility for transporting passengers or property as in
effect on January 1, 2014, under regulations issued pursuant
to sections 31138 and 31139 of title 49, United States Code,
only 60 days after the Secretary provides a report to the
House and Senate Committees on Appropriations, the House
Committee on Transportation and Infrastructure, and the
Senate Committee on Commerce, Science, and Transportation on
the impact of raising the minimum financial responsibility
for transporting passengers or property. The report shall
include an assessment of catastrophic crashes in which
damages exceeded the insurance limits, the impact of higher
insurance premiums on carriers, and the capacity of the
insurance industry to underwrite increases in current minimum
financial responsibility limits.
Sec. 136. Section 13506(a) of title 49, United States
Code, is amended:
(1) in subsection (14) by striking ``or'';
(2) in subsection (15) by striking ``.'' and inserting ``;
or''; and
(3) by inserting at the end, ``(16) the transportation of
passengers by motor vehicles operated by youth or family
camps that provide overnight accommodations and recreational
or educational activities at fixed locations.''.
Sec. 137. (a) Section 31111(b)(1)(A) of title 49, United
States Code, is amended by striking ``or of less than 28 feet
on a semitrailer or trailer operating in a truck tractor
semitrailer-trailer combination,'' and inserting ``or,
notwithstanding section 31112, of less than 33 feet on a
semitrailer or trailer operating in a truck tractor
semitrailer-trailer combination,''.
(b) Section 31111(f) of title 49, United States Code, the
term ``chief executive officer of a State'' shall include
``chief executive officer of a State Department of
Transportation''.
[[Page S8039]]
(c) The Secretary of Transportation is directed to conduct
a study comparing crash data between 28 foot and 33 foot
semitrailers or trailers operating in a truck tractor-
semitrailer-trailer configuration. The Secretary shall submit
its study to the House and Senate Committees on
Appropriations no later than three years after the date of
enactment of this Act.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the
Secretary, with respect to traffic and highway safety
authorized under chapter 301 and part C of subtitle VI of
title 49, United States Code, $130,500,000, of which
$20,000,000 shall remain available through September 30,
2017.
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the
provisions of 23 U.S.C. 403, and chapter 303 of title 49,
United States Code, $118,500,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account) and
to remain available until expended: Provided, That none of
the funds under this heading shall be available for the
planning or execution of programs the total obligations for
which, in fiscal year 2016, are in excess of $118,500,000, of
which $113,500,000 shall be for programs authorized under 23
U.S.C. 403 and $5,000,000 shall be for the National Driver
Register authorized under chapter 303 of title 49, United
States Code: Provided further, That within the $118,500,000
obligation limitation for operations and research,
$20,000,000 shall remain available until September 30, 2017,
and shall be in addition to the amount of any limitation
imposed on obligations for future years.
highway traffic safety grants and other purposes
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out
provisions of 23 U.S.C. 402, 403, and 405, section 2009 of
Public Law 109-59, as amended by Public Law 112-141, section
31101(a)(6) of Public Law 112-141, chapter 301 of title 49,
United States Code, and part C of subtitle VI of title 49,
United States Code, to remain available until expended,
$575,500,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account): Provided, That none
of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in
fiscal year 2016, are in excess of $575,500,000 for programs
authorized under 23 U.S.C. 402, 403, and 405, section 2009 of
Public Law 109-59, as amended by Public Law 112-141, section
31101(a)(6) of Public Law 112-141, chapter 301 of title 49,
United States Code, and part C of subtitle VI of title 49,
United States Code, of which $235,000,000 shall be for
``Highway Safety Programs'' under 23 U.S.C. 402; $272,000,000
shall be for ``National Priority Safety Programs'' under 23
U.S.C. 405; $29,000,000 shall be for ``High Visibility
Enforcement Program'' under section 2009 of Public Law 109-
59, as amended by Public Law 112-141; $25,500,000 shall be
for ``Administrative Expenses'' under section 31101(a)(6) of
Public Law 112-141: Provided further, That none of these
funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for
State, local or private buildings or structures: Provided
further, That not to exceed $500,000 of the funds made
available for ``National Priority Safety Programs'' under 23
U.S.C. 405 for ``Impaired Driving Countermeasures'' (as
described in subsection (d) of that section) shall be
available for technical assistance to the States: Provided
further, That with respect to the ``Transfers'' provision
under 23 U.S.C. 405(a)(1)(G), any amounts transferred to
increase the amounts made available under section 402 shall
include the obligation authority for such amounts: Provided
further, That the Administrator shall notify the House and
Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23
U.S.C. 405(a)(1)(G) within 5 days: Provided further, That
$10,000,000 of the total obligation limitation made available
shall be applied toward unobligated balances of contract
authority under the program for which funds were authorized
in section 2005 of Public Law 109-59, as amended, and shall
be used for programs authorized under 23 U.S.C. 403:
Provided further, That $4,000,000 of the total obligation
limitation made available shall be applied toward unobligated
balances of contract authority under the program for which
funds were authorized in section 2005 of Public Law 109-59,
as amended, and shall be used to cover the expenses necessary
to discharge the functions of the Secretary, with respect to
traffic and highway safety under chapter 301 of title 49,
United States Code, and part C of subtitle VI of title 49,
United States Code: Provided further, That the additional
$14,000,000 made available for obligation from unobligated
balances of contract authority under section 2005 of Public
Law 109-59, as amended, shall be available in the same manner
as though such funds were apportioned under chapter 1 of
title 23, United States Code, except that the Federal share
payable on account of any program, project, or activity
carried out with such funds made available under this heading
shall be 100 percent and such funds shall remain available
for obligation until expended.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available
to the National Highway Traffic Safety Administration, out of
the amount limited for section 402 of title 23, United States
Code, to pay for travel and related expenses for State
management reviews and to pay for core competency development
training and related expenses for highway safety staff.
Sec. 141. The limitations on obligations for the programs
of the National Highway Traffic Safety Administration set in
this Act shall not apply to obligations for which obligation
authority was made available in previous public laws but only
to the extent that the obligation authority has not lapsed or
been used.
Sec. 142. None of the funds in this Act shall be used to
implement section 404 of title 23, United States Code.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad
Administration, not otherwise provided for, $199,000,000, of
which $15,900,000 shall remain available until expended.
railroad research and development
For necessary expenses for railroad research and
development, $39,100,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue
direct loans and loan guarantees pursuant to sections 501
through 504 of the Railroad Revitalization and Regulatory
Reform Act of 1976 (Public Law 94-210), as amended, such
authority to exist as long as any such direct loan or loan
guarantee is outstanding: Provided, That pursuant to section
502 of such Act, as amended, no new direct loans or loan
guarantee commitments shall be made using Federal funds for
the credit risk premium during fiscal year 2016.
railroad safety grants
For necessary expenses related to railroad safety grants,
$50,000,000, of which not to exceed $25,000,000 shall be
available to carry out 49 U.S.C. 20167; not to exceed
$15,000,000 shall be made available to carry out 49 U.S.C.
20158; and not to exceed $10,000,000 shall be made available
for projects as defined in section 22501 of title 49, United
States Code, to remain available until expended.
operating grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make quarterly
grants to the National Railroad Passenger Corporation, in
amounts based on the Secretary's assessment of the
Corporation's seasonal cash flow requirements, for the
operation of intercity passenger rail, as authorized by
section 101 of the Passenger Rail Investment and Improvement
Act of 2008 (division B of Public Law 110-432), $288,500,000,
to remain available until expended: Provided, That the
amounts available under this paragraph shall be available for
the Secretary to approve funding to cover operating losses
for the Corporation only after receiving and reviewing a
grant request for each specific train route: Provided
further, That each such grant request shall be accompanied by
a detailed financial analysis, revenue projection, and
capital expenditure projection justifying the Federal support
to the Secretary's satisfaction: Provided further, That not
later than 60 days after enactment of this Act, the
Corporation shall transmit, in electronic format, to the
Secretary and the House and Senate Committees on
Appropriations the annual budget, business plan, the 5-Year
Financial Plan for fiscal year 2016 required under section
204 of the Passenger Rail Investment and Improvement Act of
2008 and the comprehensive fleet plan for all Amtrak rolling
stock: Provided further, That the budget, business plan and
the 5-Year Financial Plan shall include annual information on
the maintenance, refurbishment, replacement, and expansion
for all Amtrak rolling stock consistent with the
comprehensive fleet plan: Provided further, That the
Corporation shall provide monthly performance reports in an
electronic format which shall describe the work completed to
date, any changes to the business plan, and the reasons for
such changes as well as progress against the milestones and
target dates of the 2012 performance improvement plan:
Provided further, That the Corporation's budget, business
plan, 5-Year Financial Plan, semiannual reports, monthly
reports, comprehensive fleet plan and all supplemental
reports or plans comply with requirements in Public Law 112-
55: Provided further, That none of the funds provided in
this Act may be used to support any route on which Amtrak
offers a discounted fare of more than 50 percent off the
normal peak fare: Provided further, That the preceding
proviso does not apply to routes where the operating loss as
a result of the discount is covered by a State and the State
participates in the setting of fares.
capital and debt service grants to the national railroad passenger
corporation
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for capital
investments as authorized by sections 101(c), 102, and 219(b)
of the Passenger Rail Investment and Improvement Act of 2008
(division B of Public Law 110-432), $1,101,500,000, to remain
available until expended, of which not to exceed $160,200,000
shall be for debt service obligations as authorized by
section 102 of such Act: Provided, That of the amounts made
available under this heading, not less than $50,000,000 shall
be made available to bring Amtrak-served facilities and
stations into compliance with the Americans with Disabilities
Act: Provided further, That after an initial distribution of
up to $200,000,000, which shall be used by the Corporation as
a working capital account, all remaining funds shall be
provided
[[Page S8040]]
to the Corporation only on a reimbursable basis: Provided
further, That of the amounts made available under this
heading, up to $50,000,000 may be used by the Secretary to
subsidize operating losses of the Corporation should the
funds provided under the heading ``Operating Grants to the
National Railroad Passenger Corporation'' be insufficient to
meet operational costs for fiscal year 2016: Provided
further, That the Secretary may retain up to one-half of 1
percent of the funds provided under this heading to fund the
costs of project management and oversight of activities
authorized by subsections 101(a) and 101(c) of division B of
Public Law 110-432, of which up to $500,000 may be available
for technical assistance for States, the District of
Columbia, and other public entities responsible for the
implementation of section 209 of division B of Public Law
110-432: Provided further, That the Secretary shall approve
funding for capital expenditures, including advance purchase
orders of materials, for the Corporation only after receiving
and reviewing a grant request for each specific capital
project justifying the Federal support to the Secretary's
satisfaction: Provided further, That except as otherwise
provided herein, none of the funds under this heading may be
used to subsidize operating losses of the Corporation:
Provided further, That none of the funds under this heading
may be used for capital projects not approved by the
Secretary of Transportation or on the Corporation's fiscal
year 2015 business plan: Provided further, That in addition
to the project management oversight funds authorized under
section 101(d) of division B of Public Law 110-432, the
Secretary may retain up to an additional $5,000,000 of the
funds provided under this heading to fund expenses associated
with implementing section 212 of division B of Public Law
110-432, including the amendments made by section 212 to
section 24905 of title 49, United States Code.
administrative provisions--federal railroad administration
Sec. 150. The Secretary of Transportation may receive and
expend cash, or receive and utilize spare parts and similar
items, from non-United States Government sources to repair
damages to or replace United States Government owned
automated track inspection cars and equipment as a result of
third-party liability for such damages, and any amounts
collected under this section shall be credited directly to
the Safety and Operations account of the Federal Railroad
Administration, and shall remain available until expended for
the repair, operation and maintenance of automated track
inspection cars and equipment in connection with the
automated track inspection program.
Sec. 151. None of the funds provided to the National
Railroad Passenger Corporation may be used to fund any
overtime costs in excess of $35,000 for any individual
employee: Provided, That the President of Amtrak may waive
the cap set in the previous proviso for specific employees
when the President of Amtrak determines such a cap poses a
risk to the safety and operational efficiency of the system:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations each
quarter of the calendar year on waivers granted to employees
and amounts paid above the cap for each month within such
quarter and delineate the reasons each waiver was granted:
Provided further, That the President of Amtrak shall report
to the House and Senate Committees on Appropriations by March
1, 2016, a summary of all overtime payments incurred by the
Corporation for 2015 and the three prior calendar years:
Provided further, That such summary shall include the total
number of employees that received waivers and the total
overtime payments the Corporation paid to those employees
receiving waivers for each month for 2015 and for the three
prior calendar years.
Sec. 152. Of the unobligated balances of funds available
to the Federal Railroad Administration, the following funds
are hereby rescinded: $4,201,385 of the unobligated balances
of funds made available from the following accounts in the
specified amounts--``Rail Line Relocation and Improvement
Program'', $2,241,385; and ``Railroad Research and
Development'', $1,960,000: Provided, That such amounts are
made available to enable the Secretary of Transportation to
assist Class II and Class III railroads with eligible
projects pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), as amended: Provided further, That such funds shall
be available for applicant expenses in preparing to apply and
applying for direct loans and loan guarantees as well as the
credit risk premiums notwithstanding any other restriction
against the use of Federal funds for such credit risk
premiums: Provided further, That these funds shall remain
available until expended.
Sec. 153. Of the unobligated balances of funds available
to the Federal Railroad Administration, the following funds
are hereby rescinded: $5,000,000 of the unobligated balances
of funds made available to fund expenses associated with
implementing section 212 of division B of Public Law 110-432
in the Capital and Debt Service Grants to the National
Railroad Passenger Corporation account of the Consolidated
and Further Continuing Appropriations Act, 2015 and
$11,922,000 of the unobligated balances of funds made
available from the following accounts in the specified
amounts--``Grants to the National Railroad Passenger
Corporation'', $267,019; ``Next Generation High-Speed Rail'',
$4,944,504; and ``Safety and Operations'', $6,710,477:
Provided, That such amounts are made available to enable the
Secretary of Transportation to make grants to the National
Railroad Passenger Corporation as authorized by section
101(c) of the Passenger Rail Investment and Improvement Act
of 2008 (division B of Public Law 110-432) for state-of-good-
repair backlog and infrastructure improvements on Northeast
Corridor shared-use infrastructure identified in the
Northeast Corridor Infrastructure and Operations Advisory
Commission's approved 5-year capital plan: Provided further,
That these funds shall remain available until expended and
shall be available for grants in an amount not to exceed 50
percent of the total project cost, with the required matching
funds to be provided consistent with the Commission's cost
allocation policy.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal
Transit Administration's programs authorized by chapter 53 of
title 49, United States Code, $107,000,000, of which not less
than $5,000,000 shall be available to carry out the
provisions of 49 U.S.C. 5329 and not less than $1,000,000
shall be available to carry out the provisions of 49 U.S.C.
5326: Provided, That none of the funds provided or limited
in this Act may be used to create a permanent office of
transit security under this heading: Provided further, That
upon submission to the Congress of the fiscal year 2017
President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on New Starts,
including proposed allocations for fiscal year 2017.
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for
payment of obligations incurred in carrying out the
provisions of 49 U.S.C. 5305, 5307, 5310, 5311, 5318,
5322(d), 5329(e)(6), 5335, 5337, 5339, and 5340, as amended
by Public Law 112-141, and section 20005(b) of Public Law
112-141, $9,500,000,000, to be derived from the Mass Transit
Account of the Highway Trust Fund and to remain available
until expended: Provided, That funds available for the
implementation or execution of programs authorized under 49
U.S.C. 5305, 5307, 5310, 5311, 5318, 5322(d), 5329(e)(6),
5335, 5337, 5339, and 5340, as amended by Public Law 112-141,
and section 20005(b) of Public Law 112-141, shall not exceed
total obligations of $8,595,000,000 in fiscal year 2016.
transit research
For necessary expenses to carry out 49 U.S.C. 5312 and
5313, $32,500,000, to remain available until expended:
Provided, That $30,000,000 shall be for activities authorized
under 49 U.S.C. 5312 and $2,500,000 shall be for activities
authorized under 49 U.S.C. 5313.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314 and
5322(a), (b) and (e), $3,153,000, to remain available until
expended: Provided, That $2,653,000 shall be for activities
authorized under 49 U.S.C. 5314 and $500,000 shall be for
activities authorized under 49 U.S.C. 5322(a), (b) and (e).
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309,
$1,585,000,000, to remain available until expended:
Provided, That when distributing funds among Recommended New
Starts Projects, the Administrator shall first fully fund
those projects covered by a full funding grant agreement,
then fully fund those projects whose section 5309 share is
less than 40 percent, and then distribute the remaining funds
so as to protect as much as possible the projects' budgets
and schedules.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of
Public Law 110-432, $150,000,000, to remain available until
expended: Provided, That the Secretary of Transportation
shall approve grants for capital and preventive maintenance
expenditures for the Washington Metropolitan Area Transit
Authority only after receiving and reviewing a request for
each specific project: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration's 2015 safety
management inspection: Provided further, That prior to
approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making
progress toward full implementation of the corrective actions
identified in the 2014 Financial Management Oversight Review
Report: Provided further, That the Secretary shall determine
that the Washington Metropolitan Area Transit Authority has
placed the highest priority on those investments that will
improve the safety of the system before approving such
grants: Provided further, That the Secretary, in order to
ensure safety throughout the rail system, may waive the
requirements of section 601(e)(1) of title VI of Public Law
110-432 (112 Stat. 4968).
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs
of the Federal Transit Administration shall not apply to any
authority under 49 U.S.C. 5338, previously made available for
obligation, or to any other authority previously made
available for obligation.
Sec. 161. Notwithstanding any other provision of law,
funds appropriated or limited by this Act under the heading
``Fixed Guideway Capital Investment'' of the Federal Transit
Administration for projects specified in this Act or
identified in reports accompanying this Act not obligated by
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September 30, 2020, and other recoveries, shall be directed
to projects eligible to use the funds for the purposes for
which they were originally provided.
Sec. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2015, under any section
of chapter 53 of title 49, United States Code, that remain
available for expenditure, may be transferred to and
administered under the most recent appropriation heading for
any such section.
Sec. 163. The Secretary may not enforce regulations
related to charter bus service under part 604 of title 49,
Code of Federal Regulations, for any transit agency that
during fiscal year 2008 was both initially granted a 60-day
period to come into compliance with part 604, and then was
subsequently granted an exception from said part.
Sec. 164. Notwithstanding the requirements of 49 U.S.C.
5334 and 2 CFR 200.313, conditions imposed as a result of any
and all Federal public transportation assistance related to
and for the use, encumbrance, transfer or disposition of
property originally built as a prototype having icebreaking
capabilities will be fully and completely satisfied by the
property's use--
(1) in the areas of Arctic research;
(2) to map the Arctic;
(3) to collect and analyze data in the Arctic;
(4) to support activities that further Arctic exploration,
research, or development; or
(5) for educational purposes or humanitarian relief
efforts.
Sec. 165. Projects selected for the pilot program for
expedited project delivery under section 20008(b) of MAP-21
shall be exempt from the requirements of 49 U.S.C. 5309(d),
(e), (g), and (h). Notwithstanding this exemption, in
determining whether a recipient has the financial capacity to
carry out the eligible project, the Secretary of
Transportation shall apply the requirements and
considerations of 49 U.S.C. 5309(f).
Sec. 166. Of the unobligated amounts made available for
fiscal year 2011 or prior fiscal years to carry out the
discretionary bus and bus facilities program under 49 U.S.C.
5309, $10,000,000 is hereby rescinded.
Saint Lawrence Seaway Development Corporation
The Saint Lawrence Seaway Development Corporation is hereby
authorized to make such expenditures, within the limits of
funds and borrowing authority available to the Corporation,
and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations as
provided by section 104 of the Government Corporation Control
Act, as amended, as may be necessary in carrying out the
programs set forth in the Corporation's budget for fiscal
year 2016.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations,
maintenance, and capital asset renewal activities of those
portions of the St. Lawrence Seaway owned, operated, and
maintained by the Saint Lawrence Seaway Development
Corporation, $28,400,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the
United States, $186,000,000, to remain available until
expended.
operations and training
For necessary expenses of operations and training
activities authorized by law, $170,000,000, of which
$22,000,000 shall remain available until expended for
maintenance and repair of training ships at State Maritime
Academies, and of which $5,000,000 shall remain available
until expended for National Security Multi-Mission Vessel
design for State Maritime Academies and National Security,
and of which $2,400,000 shall remain available through
September 30, 2017, for the Student Incentive Program at
State Maritime Academies, and of which $1,000,000 shall
remain available until expended for training ship fuel
assistance payments, and of which $18,000,000 shall remain
available until expended for facilities maintenance and
repair, equipment, and capital improvements at the United
States Merchant Marine Academy, and of which $2,000,000 shall
remain available through September 30, 2017, for Maritime
Environment and Technology Assistance grants, contracts, and
cooperative agreements, and of which $5,000,000 shall remain
available until expended for the Short Sea Transportation
Program (America's Marine Highways) to make grants for the
purposes provided in title 46 section 55601(b)(1) and
55601(b)(3): Provided, That 50 percent of the funding made
available for the United States Merchant Marine Academy under
this heading shall be available only after the Secretary of
Transportation, in consultation with the Superintendent and
the Maritime Administrator, completes a plan detailing by
program or activity how such funding will be expended at the
Academy, and this plan is submitted to the House and Senate
Committees on Appropriations: Provided further, That not
later than January 12, 2016, the Administrator of the
Maritime Administration shall transmit to the House and
Senate Committees on Appropriations the annual report on
sexual assault and sexual harassment at the United States
Merchant Marine Academy as required pursuant to section 3507
of Public Law 110-417.
assistance to small shipyards
To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by
Public Law 113-281, $5,000,000 to remain available until
expended: Provided, That the Secretary shall issue the
Notice of Funding Availability no later than 15 days after
enactment of this Act: Provided further, That from
applications submitted under the previous proviso, the
Secretary of Transportation shall make grants no later than
120 days after enactment of this Act in such amounts as the
Secretary determines: Provided further, That not to exceed 2
percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.
ship disposal
For necessary expenses related to the disposal of obsolete
vessels in the National Defense Reserve Fleet of the Maritime
Administration, $4,000,000, to remain available until
expended.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For the cost of guaranteed loans, as authorized,
$8,135,000, of which $5,000,000 shall remain available until
expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974, as amended: Provided
further, That not to exceed $3,135,000 shall be available for
administrative expenses to carry out the guaranteed loan
program, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime
Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding any other provision of this Act,
the Maritime Administration is authorized to furnish
utilities and services and make necessary repairs in
connection with any lease, contract, or occupancy involving
Government property under control of the Maritime
Administration: Provided, That payments received therefor
shall be credited to the appropriation charged with the cost
thereof and shall remain available until expended: Provided
further, That rental payments under any such lease, contract,
or occupancy for items other than such utilities, services,
or repairs shall be covered into the Treasury as
miscellaneous receipts.
Pipeline and Hazardous Materials Safety Administration
operational expenses
(including transfer of funds)
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $22,500,000:
Provided, That $1,500,000 shall be transferred to ``Pipeline
Safety'' in order to fund ``Pipeline Safety Information
Grants to Communities'' as authorized under section 60130 of
title 49, United States Code: Provided further, That no
later than 90 days after the date of enactment of this Act,
the Secretary of Transportation shall initiate a rulemaking
to expand the applicability of comprehensive oil spill
response plans, and shall issue a final rule no later than
one year after the date of enactment of this Act.
hazardous materials safety
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials
Safety Administration, $49,000,000, of which $2,300,000 shall
remain available until September 30, 2018: Provided, That up
to $800,000 in fees collected under 49 U.S.C. 5108(g) shall
be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be
credited to this appropriation, to be available until
expended, funds received from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training, for reports publication
and dissemination, and for travel expenses incurred in
performance of hazardous materials exemptions and approvals
functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the
pipeline safety program, for grants-in-aid to carry out a
pipeline safety program, as authorized by 49 U.S.C. 60107,
and to discharge the pipeline program responsibilities of the
Oil Pollution Act of 1990, $146,623,000, of which $19,500,000
shall be derived from the Oil Spill Liability Trust Fund and
shall remain available until September 30, 2018; and of which
$127,123,000 shall be derived from the Pipeline Safety Fund,
of which $66,309,000 shall remain available until September
30, 2018: Provided, That not less than $1,058,000 of the
funds provided under this heading shall be for the One-Call
state grant program.
emergency preparedness grants
(emergency preparedness fund)
For necessary expenses to carryout 49 U.S.C. 5128(b),
$188,000, to be derived from the Emergency Preparedness Fund,
to remain available until September 30, 2017: Provided, That
notwithstanding the fiscal year limitation specified in 49
U.S.C. 5116, not more than $28,318,000 shall be made
available for obligation in fiscal year 2016 from amounts
made available by 49 U.S.C. 5116(i), and 5128(b) and (c):
Provided further, That notwithstanding 49 U.S.C. 5116(i)(4),
not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs:
Provided further, That none of the funds made available by 49
U.S.C. 5116(i), 5128(b), or 5128(c) shall be made available
for obligation by individuals other than the Secretary of
Transportation, or his or her designee: Provided further,
That notwithstanding 49 U.S.C. 5128(b) and (c) and the
current year obligation limitation, prior year recoveries
recognized in the current year shall be available to
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develop a hazardous materials response training curriculum
for emergency responders, including response activities for
the transportation of crude oil, ethanol and other flammable
liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available
through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall
also be available to carry out 49 U.S.C. 5116(b) and (j).
administrative provisions--pipeline and hazardous materials safety
administration
Sec. 180. The Secretary of Transportation is directed to
evaluate and report to the House and Senate Committees on
Appropriations within 60 days of enactment of this Act an
alternative risk-based compliance regime for the siting of
small-scale liquefaction facilities that generate and package
liquefied natural gas for use as a fuel or delivery to
consumers by non-pipeline modes of transportation. In
evaluating such alternative risk-based compliance regime, the
Secretary should consider the value of adopting quantitative
risk assessment methods, the benefit of incorporating modern
industry standards and best practices, including the
provisions in the 2013 edition of the National Fire
Protection Association Standard 59A, and the need to
encourage the use of the best available technology.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector
General to carry out the provisions of the Inspector General
Act of 1978, as amended, $87,472,000: Provided, That the
Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to
regulation by the Department of Transportation: Provided
further, That the funds made available under this heading may
be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and
unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of
domestic and foreign air carriers with respect to item (1) of
this proviso.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $32,375,000:
Provided, That notwithstanding any other provision of law,
not to exceed $1,250,000 from fees established by the
Chairman of the Surface Transportation Board shall be
credited to this appropriation as offsetting collections and
used for necessary and authorized expenses under this
heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar
basis as such offsetting collections are received during
fiscal year 2016, to result in a final appropriation from the
general fund estimated at no more than $31,125,000.
General Provisions--Department of Transportation
Sec. 190. During the current fiscal year, applicable
appropriations to the Department of Transportation shall be
available for maintenance and operation of aircraft; hire of
passenger motor vehicles and aircraft; purchase of liability
insurance for motor vehicles operating in foreign countries
on official department business; and uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902).
Sec. 191. Appropriations contained in this Act for the
Department of Transportation shall be available for services
as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for an
Executive Level IV.
Sec. 192. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and
Presidential appointees in the Department of Transportation:
Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the
Department of Transportation.
Sec. 193. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18
U.S.C. 2725(3)) obtained by a State department of motor
vehicles in connection with a motor vehicle record as defined
in 18 U.S.C. 2725(1), except as provided in 18 U.S.C. 2721
for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary of
Transportation shall not withhold funds provided in this Act
for any grantee if a State is in noncompliance with this
provision.
Sec. 194. Funds received by the Federal Highway
Administration, Federal Transit Administration, and Federal
Railroad Administration from States, counties,
municipalities, other public authorities, and private sources
for expenses incurred for training may be credited
respectively to the Federal Highway Administration's
``Federal-Aid Highways'' account, the Federal Transit
Administration's ``Technical Assistance and Training''
account, and to the Federal Railroad Administration's
``Safety and Operations'' account, except for State rail
safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 195. None of the funds in this Act to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, or grant unless the Secretary of
Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any
project competitively selected to receive a discretionary
grant award, any discretionary grant award, letter of intent,
loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by
the department or its modal administrations from:
(1) any discretionary grant or federal credit program of
the Federal Highway Administration including the emergency
relief program;
(2) the airport improvement program of the Federal Aviation
Administration;
(3) any program of the Federal Railroad Administration;
(4) any program of the Federal Transit Administration other
than the formula grants and fixed guideway modernization
programs;
(5) any program of the Maritime Administration; or
(6) any funding provided under the headings ``National
Infrastructure Investments'' in this Act:
Provided, That the Secretary of Transportation gives
concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the
emergency relief program: Provided further, That no
notification shall involve funds that are not available for
obligation.
Sec. 196. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the
subleasing of building space, and miscellaneous sources are
to be credited to appropriations of the Department of
Transportation and allocated to elements of the Department of
Transportation using fair and equitable criteria and such
funds shall be available until expended.
Sec. 197. Amounts made available in this or any other Act
that the Secretary of Transportation determines represent
improper payments by the Department of Transportation to a
third-party contractor under a financial assistance award,
which are recovered pursuant to law, shall be available--
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments;
and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)--
(A) shall be credited to and merged with the appropriation
from which the improper payments were made, and shall be
available for the purposes and period for which such
appropriations are available: Provided further, That where
specific project or accounting information associated with
the improper payment or payments is not readily available,
the Secretary may credit an appropriate account, which shall
be available for the purposes and period associated with the
account so credited; or
(B) if no such appropriation remains available, shall be
deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations of
the amount and reasons for such transfer: Provided further,
That for purposes of this section, the term ``improper
payments'' has the same meaning as that provided in section
2(d)(2) of Public Law 107-300.
Sec. 198. Notwithstanding any other provision of law, if
any funds provided in or limited by this Act are subject to a
reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations,
transmission of said reprogramming notice shall be provided
solely to the House and Senate Committees on Appropriations,
and said reprogramming action shall be approved or denied
solely by the House and Senate Committees on Appropriations:
Provided, That the Secretary of Transportation may provide
notice to other congressional committees of the action of the
House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date
on which the reprogramming action has been approved or denied
by the House and Senate Committees on Appropriations.
Sec. 199. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface
Transportation Board of the Department of Transportation to
charge or collect any filing fee for rate or practice
complaints filed with the Board in an amount in excess of the
amount authorized for district court civil suit filing fees
under section 1914 of title 28, United States Code.
Sec. 199A. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the
Secretary for the costs related to assessments or
reimbursable agreements only when such amounts are for the
costs of goods and services that are purchased to provide a
direct benefit to the applicable modal administration or
administrations.
Sec. 199B. The Secretary of Transportation is authorized
to carry out a program that establishes uniform standards for
developing and supporting agency transit pass and transit
benefits authorized under section 7905 of title 5, United
States Code, including distribution of transit benefits by
various paper and electronic media.
Sec. 199C. The Department of Transportation may use funds
provided by this Act, or any other Act, to implement a pilot
program under title 49 U.S.C. or title 23 U.S.C. for
geographic, economic, or any other hiring preference not
otherwise authorized by law, or to amend a rule, regulation,
policy or other measure that forbids a recipient of a Federal
Highway Administration or Federal Transit Administration
grant from imposing such hiring preference on a construction
project with which the Department of Transportation is
assisting, only if the grant recipient certifies the
following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals
possessing the knowledge, skill, and ability to perform the
work that the project requires resides in the jurisdiction;
[[Page S8043]]
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor
does not displace any of its existing employees in order to
satisfy such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
This title may be cited as the ``Department of
Transportation Appropriations Act, 2016''.
TITLE II
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary,
Deputy Secretary, Adjudicatory Services, Congressional and
Intergovernmental Relations, Public Affairs, Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships, $14,500,000: Provided,
That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official
reception and representation expenses as the Secretary may
determine.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $568,244,000, of which not to exceed
$44,657,000 shall be available for the Office of the Chief
Financial Officer; not to exceed $96,000,000 shall be
available for the Office of the General Counsel; not to
exceed $208,604,000 shall be available for the Office of
Administration; not to exceed $61,475,000 shall be available
for the Office of the Chief Human Capital Officer; not to
exceed $50,000,000 shall be available for the Office of Field
Policy and Management; not to exceed $17,036,000 shall be
available for the Office of the Chief Procurement Officer;
not to exceed $3,270,000 shall be available for the Office of
Departmental Equal Employment Opportunity; not to exceed
$4,400,000 shall be available for the Office of Strategic
Planning and Management; and not to exceed $82,802,000 shall
be available for the Office of the Chief Information Officer:
Provided, That funds provided under this heading may be used
for necessary administrative and non-administrative expenses
of the Department of Housing and Urban Development, not
otherwise provided for, including purchase of uniforms, or
allowances therefor, as authorized by 5 U.S.C. 5901-5902;
hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any
other provision of law, funds appropriated under this heading
may be used for advertising and promotional activities that
support the housing mission area: Provided further, That the
Secretary shall provide the House and Senate Committees on
Appropriations quarterly written notification regarding the
status of pending congressional reports: Provided further,
That the Secretary shall provide in electronic form all
signed reports required by Congress.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public
and Indian Housing, $207,000,000.
community planning and development
For necessary salaries and expenses of the Office of
Community Planning and Development, $107,000,000.
housing
For necessary salaries and expenses of the Office of
Housing, $382,000,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $23,100,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $69,500,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $6,800,000.
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-
based rental assistance authorized under the United States
Housing Act of 1937, as amended (42 U.S.C. 1437 et seq.)
(``the Act'' herein), not otherwise provided for,
$15,934,643,000, to remain available until expended, shall be
available on October 1, 2015 (in addition to the
$4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2015), and
$4,000,000,000, to remain available until expended, shall be
available on October 1, 2016: Provided, That the amounts
made available under this heading are provided as follows:
(1) $17,982,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions
contracts (including renewals of enhanced vouchers under any
provision of law authorizing such assistance under section
8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided, That notwithstanding
any other provision of law, from amounts provided under this
paragraph and any carryover, the Secretary for the calendar
year 2016 funding cycle shall provide renewal funding for
each public housing agency based on validated voucher
management system (VMS) leasing and cost data for the prior
calendar year and by applying an inflation factor as
established by the Secretary, by notice published in the
Federal Register, and by making any necessary adjustments for
the costs associated with the first-time renewal of vouchers
under this paragraph including tenant protection, HOPE VI,
and Choice Neighborhoods vouchers: Provided further, That in
determining calendar year 2016 funding allocations under this
heading for public housing agencies, including agencies
participating in the Moving To Work (MTW) demonstration, the
Secretary may take into account the anticipated impact of
changes in targeting and utility allowances, on public
housing agencies' contract renewal needs: Provided further,
That none of the funds provided under this paragraph may be
used to fund a total number of unit months under lease which
exceeds a public housing agency's authorized level of units
under contract, except for public housing agencies
participating in the MTW demonstration, which are instead
governed by the terms and conditions of their MTW agreements:
Provided further, That the Secretary shall, to the extent
necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this
paragraph), prorate each public housing agency's allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos,
the entire amount specified under this paragraph (except as
otherwise modified under this paragraph) shall be obligated
to the public housing agencies based on the allocation and
pro rata method described above, and the Secretary shall
notify public housing agencies of their annual budget by the
latter of 60 days after enactment of this Act or March 1,
2016: Provided further, That the Secretary may extend the
notification period with the prior written approval of the
House and Senate Committees on Appropriations: Provided
further, That public housing agencies participating in the
MTW demonstration shall be funded pursuant to their MTW
agreements and shall be subject to the same pro rata
adjustments under the previous provisos: Provided further,
That the Secretary may offset public housing agencies'
calendar year 2016 allocations based on the excess amounts of
public housing agencies' net restricted assets accounts,
including HUD held programmatic reserves (in accordance with
VMS data in calendar year 2015 that is verifiable and
complete), as determined by the Secretary: Provided further,
That public housing agencies participating in the MTW
demonstration shall also be subject to the offset, as
determined by the Secretary, excluding amounts subject to the
single fund budget authority provisions of their MTW
agreements, from the agencies' calendar year 2016 MTW funding
allocation: Provided further, That the Secretary shall use
any offset referred to in the previous two provisos
throughout the calendar year to prevent the termination of
rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or
reduce the proration of renewal funding allocations:
Provided further, That up to $75,000,000 shall be available
only: (1) for adjustments in the allocations for public
housing agencies, after application for an adjustment by a
public housing agency that experienced a significant
increase, as determined by the Secretary, in renewal costs of
vouchers resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (2) for 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) of the Act; (3) for adjustments for costs
associated with HUD-Veterans Affairs Supportive Housing (HUD-
VASH) vouchers; and (4) for public housing agencies that
despite taking reasonable cost savings measures, as
determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary
shall allocate amounts under the previous proviso based on
need, as determined by the Secretary;
(2) $130,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section
8, the family unification program under section 8(x) of the
Act, relocation of witnesses in connection with efforts to
combat crime in public and assisted housing pursuant to a
request from a law enforcement or prosecution agency,
enhanced vouchers under any provision of law authorizing such
assistance under section 8(t) of the Act, HOPE VI and Choice
Neighborhood Initiative vouchers, mandatory and voluntary
conversions, and tenant protection assistance including
replacement and relocation assistance or for project-based
assistance to prevent the displacement of unassisted elderly
tenants currently residing in section 202 properties financed
between 1959 and 1974 that are refinanced pursuant to Public
Law 106-569, as amended, or under the authority as provided
under this Act: Provided, That when a public housing
development is submitted for demolition or disposition under
section 18 of the Act, the Secretary may provide section 8
rental assistance when the units pose an imminent health and
safety risk to residents: Provided further, That the
Secretary may only provide replacement vouchers for units
that were occupied within the previous 24 months that cease
to be available as assisted housing, subject only to the
availability of funds: Provided further, That any tenant
protection voucher made available from amounts under this
paragraph shall not be reissued by any public housing agency,
except the replacement vouchers as defined by the Secretary
by notice, when the initial family that received any such
voucher no longer receives such voucher, and the authority
for any public housing agency to issue any such voucher shall
cease to exist: Provided further, That the Secretary, for
the purposes under this paragraph, may use unobligated
balances, including recaptures and
[[Page S8044]]
carryovers, remaining from amounts appropriated in prior
fiscal years under this heading for voucher assistance for
nonelderly disabled families and for disaster assistance made
available under Public Law 110-329;
(3) $1,620,000,000 shall be for administrative and other
expenses of public housing agencies in administering the
section 8 tenant-based rental assistance program, of which up
to $10,000,000 shall be available to the Secretary to
allocate to public housing agencies that need additional
funds to administer their section 8 programs, including fees
associated with section 8 tenant protection rental
assistance, the administration of disaster related vouchers,
Veterans Affairs Supportive Housing vouchers, and other
special purpose incremental vouchers: Provided, That no less
than $1,610,000,000 of the amount provided in this paragraph
shall be allocated to public housing agencies for the
calendar year 2016 funding cycle based on section 8(q) of the
Act (and related Appropriation Act provisions) as in effect
immediately before the enactment of the Quality Housing and
Work Responsibility Act of 1998 (Public Law 105-276):
Provided further, That if the amounts made available under
this paragraph are insufficient to pay the amounts determined
under the previous proviso, the Secretary may decrease the
amounts allocated to agencies by a uniform percentage
applicable to all agencies receiving funding under this
paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the
Department of Housing and Urban Development under this
heading from prior fiscal years, excluding special purpose
vouchers, notwithstanding the purposes for which such amounts
were appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be
funded pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the previous
proviso: Provided further, That amounts provided under this
paragraph shall be only for activities related to the
provision of tenant-based rental assistance authorized under
section 8, including related development activities;
(4) $107,643,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be
funded under the same terms and be subject to the same pro
rata reduction as the percent decrease for administrative and
other expenses to public housing agencies under paragraph (3)
of this heading;
(5) $75,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States
Housing Act of 1937: Provided, That the Secretary of Housing
and Urban Development shall make such funding available,
notwithstanding section 204 (competition provision) of this
title, to public housing agencies that partner with eligible
VA Medical Centers or other entities as designated by the
Secretary of the Department of Veterans Affairs, based on
geographical need for such assistance as identified by the
Secretary of the Department of Veterans Affairs, public
housing agency administrative performance, and other factors
as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the
Department of Veterans Affairs: Provided further, That the
Secretary of Housing and Urban Development may waive, or
specify alternative requirements for (in consultation with
the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with
the use of funds made available under this paragraph (except
for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding by the
Secretary that any such waivers or alternative requirements
are necessary for the effective delivery and administration
of such voucher assistance: Provided further, That
assistance made available under this paragraph shall continue
to remain available for homeless veterans upon turn-over;
(6) $20,000,000 shall be made available for new incremental
voucher assistance through the Family Unification Program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue
to remain available for family unification upon turnover; and
(7) The Secretary shall separately track all special
purpose vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading
``Annual Contributions for Assisted Housing'' and the heading
``Project-Based Rental Assistance'', for fiscal year 2016 and
prior years may be used for renewal of or amendments to
section 8 project-based contracts and for performance-based
contract administrators, notwithstanding the purposes for
which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year
1974 and prior that have been terminated shall be rescinded:
Provided further, That amounts heretofore recaptured, or
recaptured during the current fiscal year, from section 8
project-based contracts from source years fiscal year 1975
through fiscal year 1987 are hereby rescinded, and an amount
of additional new budget authority, equivalent to the amount
rescinded is hereby appropriated, to remain available until
expended, for the purposes set forth under this heading, in
addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the United States
Housing Act of 1937 (42 U.S.C. 1437g) (the ``Act'')
$1,742,870,000, to remain available until September 30, 2019:
Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2016, the Secretary of Housing
and Urban Development may not delegate to any Department
official other than the Deputy Secretary and the Assistant
Secretary for Public and Indian Housing any authority under
paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for
purposes of such section 9(j), the term ``obligate'' means,
with respect to amounts, that the amounts are subject to a
binding agreement that will result in outlays, immediately or
in the future: Provided further, That up to $3,000,000 shall
be to support ongoing Public Housing Financial and Physical
Assessment activities: Provided further, That up to
$1,000,000 shall be to support the costs of administrative
and judicial receiverships: Provided further, That of the
total amount provided under this heading, not to exceed
$23,000,000 shall be available for the Secretary to make
grants, notwithstanding section 204 of this Act, to public
housing agencies for emergency capital needs including safety
and security measures necessary to address crime and drug-
related activity as well as needs resulting from unforeseen
or unpreventable emergencies and natural disasters excluding
Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency
Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2016:
Provided further, That of the amount made available under the
previous proviso, not less than $6,000,000 shall be for
safety and security measures: Provided further, That of the
total amount provided under this heading $35,000,000 shall be
for supportive services, service coordinator and congregate
services as authorized by section 34 of the Act (42 U.S.C.
1437z-6) and the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4101 et seq.): Provided
further, That of the total amount made available under this
heading, $15,000,000 shall be for a Jobs-Plus initiative
modeled after the Jobs-Plus demonstration: Provided further,
That the funding provided under the previous proviso shall
provide competitive grants to partnerships between public
housing authorities, local workforce investment boards
established under section 117 of the Workforce Investment Act
of 1998, and other agencies and organizations that provide
support to help public housing residents obtain employment
and increase earnings: Provided further, That applicants
must demonstrate the ability to provide services to
residents, partner with workforce investment boards, and
leverage service dollars: Provided further, That the
Secretary may allow public housing agencies to request
exemptions from rent and income limitation requirements under
sections 3 and 6 of the United States Housing Act of 1937 as
necessary to implement the Jobs-Plus program, on such terms
and conditions as the Secretary may approve upon a finding by
the Secretary that any such waivers or alternative
requirements are necessary for the effective implementation
of the Jobs-Plus initiative as a voluntary program for
residents: Provided further, That the Secretary shall
publish by notice in the Federal Register any waivers or
alternative requirements pursuant to the preceding proviso no
later than 10 days before the effective date of such notice:
Provided further, That for funds provided under this heading,
the limitation in section 9(g)(1)(A) of the Act shall be 25
percent: Provided further, That the Secretary may waive the
limitation in the previous proviso to allow public housing
agencies to fund activities authorized under section
9(e)(1)(C) of the Act: Provided further, That the Secretary
shall notify public housing agencies requesting waivers under
the previous proviso if the request is approved or denied
within 14 days of submitting the request: Provided further,
That from the funds made available under this heading, the
Secretary shall provide bonus awards in fiscal year 2016 to
public housing agencies that are designated high performers:
Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days
of enactment of this Act.
public housing operating fund
For 2016 payments to public housing agencies for the
operation and management of public housing, as authorized by
section 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(e)), $4,500,000,000, to remain available until
September 30, 2017.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods
Initiative (subject to section 24 of the United States
Housing Act of 1937 (42 U.S.C. 1437v), unless otherwise
specified under this heading), for transformation,
rehabilitation, and replacement housing needs of both public
and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income
neighborhoods with appropriate services, schools, public
assets, transportation and access to jobs, $65,000,000, to
remain available until September 30, 2018: Provided, That
grant funds may be used for resident and community services,
community development, and affordable housing needs in the
[[Page S8045]]
community, and for conversion of vacant or foreclosed
properties to affordable housing: Provided further, That the
use of funds made available under this heading shall not be
deemed to be public housing notwithstanding section 3(b)(1)
of such Act: Provided further, That grantees shall commit to
an additional period of affordability determined by the
Secretary of not fewer than 20 years: Provided further, That
grantees shall undertake comprehensive local planning with
input from residents and the community, and that grantees
shall provide a match in State, local, other Federal or
private funds: Provided further, That grantees may include
local governments, tribal entities, public housing
authorities, and nonprofits: Provided further, That for-
profit developers may apply jointly with a public entity:
Provided further, That for purposes of environmental review,
a grantee shall be treated as a public housing agency under
section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject
to the regulations issued by the Secretary to implement such
section: Provided further, That of the amount provided, not
less than $40,000,000 shall be awarded to public housing
agencies: Provided further, That such grantees shall create
partnerships with other local organizations including
assisted housing owners, service agencies, and resident
organizations: Provided further, That the Secretary shall
consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and
Commerce, the Attorney General, and the Administrator of the
Environmental Protection Agency to coordinate and leverage
other appropriate Federal resources: Provided further, That
no more than $5,000,000 of funds made available under this
heading may be provided to assist communities in developing
comprehensive strategies for implementing this program or
implementing other revitalization efforts in conjunction with
community notice and input: Provided further, That the
Secretary shall develop and publish guidelines for the use of
such competitive funds, including but not limited to eligible
activities, program requirements, and performance metrics.
family self-sufficiency
For the Family Self-Sufficiency program to support family
self-sufficiency coordinators under section 23 of the United
States Housing Act of 1937, to promote the development of
local strategies to coordinate the use of assistance under
sections 8(o) and 9 of such Act with public and private
resources, and enable eligible families to achieve economic
independence and self-sufficiency, $75,000,000, to remain
available until September 30, 2017: Provided, That the
Secretary may, by Federal Register notice, waive or specify
alternative requirements under sections b(3), b(4), b(5), or
c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for
individuals receiving assistance under different provisions
of the Act, as determined by the Secretary: Provided
further, That owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a
Family Self-Sufficiency program available to the assisted
tenants of such property in accordance with procedures
established by the Secretary: Provided further, That such
procedures established pursuant to the previous proviso shall
permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) and shall allow owners to
use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program.
indian block grants
For the Indian Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and
Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et
seq.), $650,000,000, to remain available until September 30,
2020: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to
determine the amount of the allocation under title I of such
Act for each Indian tribe, the Secretary shall apply the
formula under section 302 of such Act with the need component
based on single-race census data and with the need component
based on multi-race census data, and the amount of the
allocation for each Indian tribe shall be the greater of the
two resulting allocation amounts: Provided further, That
notwithstanding the previous proviso, no Indian tribe shall
receive an allocation amount greater than 10 percent:
Provided further, That of the amount provided under this
heading, $2,000,000 shall be made available for the cost of
guaranteed notes and other obligations, as authorized by
title VI of NAHASDA: Provided further, That such costs,
including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided
further, That these funds are available to subsidize the
total principal amount of any notes and other obligations,
any part of which is to be guaranteed, not to exceed
$17,452,007: Provided further, That the Department will
notify grantees of their formula allocation within 60 days of
the date of enactment of this Act.
In addition to amounts made available under the first
paragraph under this heading, $60,000,000, to remain
available until September 30, 2018, shall be for grants to
Indian tribes for carrying out the Community Development
Block Grant program under title I of the Housing and
Community Development Act of 1974 notwithstanding section
106(a)(1) of such Act, of which, up to $4,000,000 may be used
for emergencies that constitute imminent threats to health
and safety notwithstanding any other provision of law
(including section 204 of this title): Provided, That not to
exceed 20 percent of any grant made with funds appropriated
under this paragraph shall be expended for planning and
management development and administration.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z-13a), $7,000,000, to remain available until
expended: Provided, That such costs, including the costs of
modifying such loans, shall be as defined in section 502 of
the Congressional Budget Act of 1974: Provided further, That
these funds are available to subsidize total loan principal,
any part of which is to be guaranteed, up to $1,111,111,000,
to remain available until expended: Provided further, That
up to $750,000 of this amount may be for administrative
contract expenses including management processes and systems
to carry out the loan guarantee program.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $330,000,000, to remain
available until September 30, 2017, except that amounts
allocated pursuant to section 854(c)(3) of such Act shall
remain available until September 30, 2018: Provided, That
the Secretary shall renew all expiring contracts for
permanent supportive housing that initially were funded under
section 854(c)(3) of such Act from funds made available under
this heading in fiscal year 2010 and prior fiscal years that
meet all program requirements before awarding funds for new
contracts under such section: Provided further, That
notwithstanding 42 U.S.C. 12903, the Secretary shall allocate
90 percent of the funds by formula, of which 75 percent shall
be among cities that are the most populous unit of general
local government in a metropolitan statistical area with a
population greater than 500,000 and have more than 2,000
persons living with the human immunodeficiency virus (HIV),
and States with more than 2,000 persons living with HIV
outside of metropolitan statistical areas, as reported to and
confirmed by the Director of the Centers for Disease Control
and Prevention (CDC) as of December 31 of the most recent
calendar year for which such data is available, and of which
25 percent shall be among States and metropolitan statistical
areas based on fair market rents and area poverty indexes, as
determined by the Secretary: Provided further, That a
grantee's share shall not reflect a loss greater than 10
percent or a gain greater than 20 percent of the share of
total available formula funds that the grantee received in
the preceding fiscal year: Provided further, That any
grantee that received a formula allocation in fiscal year
2015 shall continue to be eligible for formula allocation in
this fiscal year: Provided further, That the Department
shall notify grantees of their formula allocation within 60
days of enactment of this Act.
community development fund
For carrying out the Community Development Block Grant
program under title I of the Housing and Community
Development Act of 1974, as amended (the ``Act'' herein) (42
U.S.C. 5301 et seq.), $2,900,000,000, to remain available
until September 30, 2018: Provided, That unless explicitly
provided for under this heading, not to exceed 20 percent of
any grant made with funds appropriated under this heading
shall be expended for planning and management development and
administration: Provided further, That a metropolitan city,
urban county, unit of general local government, or insular
area that directly or indirectly receives funds under this
heading may not sell, trade, or otherwise transfer all or any
portion of such funds to another such entity in exchange for
any other funds, credits or non-Federal considerations, but
must use such funds for activities eligible under title I of
the Act: Provided further, That notwithstanding section
105(e)(1) of the Act, no funds provided under this heading
may be provided to a for-profit entity for an economic
development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with
guidelines required under subparagraph (e)(2): Provided
further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of
1974, during fiscal year 2016, commitments to guarantee loans
under section 108 of the Housing and Community Development
Act of 1974 (42 U.S.C. 5308), any part of which is
guaranteed, shall not exceed a total principal amount of
$300,000,000, notwithstanding any aggregate limitation on
outstanding obligations guaranteed in subsection (k) of such
section 108: Provided, That the Secretary shall collect fees
from borrowers, notwithstanding section 108(m), to result in
a credit subsidy cost of zero for guaranteeing such loans,
and any such fees shall be collected in accordance with
section 502(7) of the Congressional Budget Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized
under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $66,000,000, to remain available
until September 30, 2019: Provided, That notwithstanding the
amount made available under this heading, the threshold
reduction requirements in sections 216(10) and 217(b)(4) of
such Act shall not apply to allocations of such amount:
Provided further, That the requirements under provisos 2
through 6 under this heading for fiscal year 2012 and such
requirements applicable pursuant to the ``Full-Year
Continuing Appropriations Act, 2013'', shall not
[[Page S8046]]
apply to any project to which funds were committed on or
after August 23, 2013, but such projects shall instead be
governed by the Final Rule titled ``Home Investment
Partnerships Program; Improving Performance and
Accountability; Updating Property Standards'' which became
effective on such date: Provided further, That with respect
to funds made available under this heading pursuant to such
Act and funds provided in prior and subsequent appropriations
acts that were or are used by community land trusts for the
development of affordable homeownership housing pursuant to
section 215(b) of such Act, such community land trusts,
notwithstanding section 215(b)(3)(A) of such Act, may hold
and exercise purchase options, rights of first refusal or
other preemptive rights to purchase the housing to preserve
affordability, including but not limited to the right to
purchase the housing in lieu of foreclosure: Provided
further, That the Department shall notify grantees of their
formula allocation within 60 days of enactment of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing
Opportunity Program Extension Act of 1996, as amended,
$50,000,000, to remain available until September 30, 2018:
Provided, That of the total amount provided under this
heading, $10,000,000 shall be made available to the Self-Help
and Assisted Homeownership Opportunity Program as authorized
under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended: Provided further, That $35,000,000
shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of
the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of
which not less than $5,000,000 shall be made available for
rural capacity building activities: Provided further, That
$5,000,000 shall be made available for capacity building by
national rural housing organizations with experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to
local nonprofits, local governments and Indian Tribes serving
high need rural communities: Provided further, That an
additional $5,700,000, to remain available until expended,
shall be for a program to rehabilitate and modify homes of
disabled and low-income veterans as authorized under section
1079 of Public Law 113-291.
homeless assistance grants
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless
Assistance Act, as amended; the continuum of care program as
authorized under subtitle C of title IV of such Act; and the
Rural Housing Stability Assistance program as authorized
under subtitle D of title IV of such Act, $2,235,000,000, to
remain available until September 30, 2018: Provided, That
any rental assistance amounts that are recaptured under such
Continuum of Care program shall remain available until
expended: Provided further, That not less than $250,000,000
of the funds appropriated under this heading shall be
available for such Emergency Solutions Grants program:
Provided further, That not less than $1,918,000,000 of the
funds appropriated under this heading shall be available for
such Continuum of Care and Rural Housing Stability Assistance
programs: Provided further, That up to $7,000,000 of the
funds appropriated under this heading shall be available for
the national homeless data analysis project: Provided
further, That up to $2,000,000 of the funds appropriated
under this heading shall be available to the Secretary, in
coordination with the Secretary of Health and Human Services,
for a national study on the prevalence, needs, and
characteristics of homelessness among youth as authorized
under section 345 of the Runaway Homeless Youth Act (42
U.S.C. 5714-25), notwithstanding section 204 of this title:
Provided further, That up to $33,000,000 of the funds
appropriated under this heading shall be to implement
projects to demonstrate how a comprehensive approach to
serving homeless youth, age 24 and under, in up to 10
communities, including at least four rural communities, can
dramatically reduce youth homelessness: Provided further,
That such projects shall be eligible for renewal under the
Continuum of Care program subject to the same terms and
conditions as other renewal applicants: Provided further,
That up to $5,000,000 of the funds appropriated under this
heading shall be available to provide technical assistance on
youth homelessness, and collection, analysis, and reporting
of data and performance measures under the comprehensive
approaches to serve homeless youth, in addition to and in
coordination with other technical assistance funds provided
under this title: Provided further, That all funds awarded
for supportive services under the Continuum of Care program
and the Rural Housing Stability Assistance program shall be
matched by not less than 25 percent in cash or in kind by
each grantee: Provided further, That for all match
requirements applicable to funds made available under this
heading for this fiscal year and prior years, a grantee may
use (or could have used) as a source of match funds other
funds administered by the Secretary and other Federal
agencies unless a specific statutory prohibition on any such
use of any such funds exists: Provided further, That the
Secretary may renew on an annual basis expiring contracts or
amendments to contracts funded under the Continuum of Care
program if the program is determined to be needed under the
applicable Continuum of Care and meets appropriate program
requirements, performance measures, and financial standards,
as determined by the Secretary: Provided further, That all
awards of assistance under this heading shall be required to
coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs
for which homeless populations may be eligible: Provided
further, That with respect to funds provided under this
heading for the Continuum of Care program for fiscal years
2016 and 2017, permanent housing rental assistance may be
administered by private nonprofit organizations: Provided
further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third
party documentation to establish their eligibility under 42
U.S.C. 11302(a) or (b) to receive services: Provided
further, That unaccompanied youth aged 24 and under or
families headed by youth aged 24 and under who are living in
unsafe situations may be served by youth-serving providers
funded under this heading: Provided further, That in
awarding grants with funds appropriated under this heading,
the Secretary shall ensure that incentives created through
the application process fairly balance priorities for
different populations, including youth, families, veterans,
and people experiencing chronic homelessness: Provided
further, That any unobligated amounts remaining from funds
appropriated under this heading in fiscal year 2012 and prior
years for project-based rental assistance for rehabilitation
projects with 10-year grant terms may be used for purposes
under this heading, notwithstanding the purposes for which
such funds were appropriated: Provided further, That all
balances for Shelter Plus Care renewals previously funded
from the Shelter Plus Care Renewal account and transferred to
this account shall be available, if recaptured, for Continuum
of Care renewals in fiscal year 2016: Provided further, That
the Department shall notify grantees of their formula
allocation from amounts allocated (which may represent
initial or final amounts allocated) for the Emergency
Solutions Grant program within 60 days of enactment of this
Act.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.) (``the Act''), not otherwise
provided for, $10,426,000,000, to remain available until
expended, shall be available on October 1, 2015 (in addition
to the $400,000,000 previously appropriated under this
heading that became available October 1, 2015), and
$400,000,000, to remain available until expended, shall be
available on October 1, 2016: Provided, That the amounts
made available under this heading shall be available for
expiring or terminating section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for amendments to section 8 project-based subsidy
contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section
441 of the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11401), for renewal of section 8 contracts for units in
projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other
expenses associated with project-based activities and
assistance funded under this paragraph: Provided further,
That of the total amounts provided under this heading, not to
exceed $215,000,000 shall be available for performance-based
contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided
further, That the Secretary of Housing and Urban Development
may also use such amounts in the previous proviso for
performance-based contract administrators for the
administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-
1(a)); rent supplement payments pursuant to section 101 of
the Housing and Urban Development Act of 1965 (12 U.S.C.
1701s); section 236(f)(2) rental assistance payments (12
U.S.C. 1715z-1(f)(2)); project rental assistance contracts
for the elderly under section 202(c)(2) of the Housing Act of
1959 (12 U.S.C. 1701q); project rental assistance contracts
for supportive housing for persons with disabilities under
section 811(d)(2) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013(d)(2)); project
assistance contracts pursuant to section 202(h) of the
Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and
loans under section 202 of the Housing Act of 1959 (Public
Law 86-372; 73 Stat. 667): Provided further, That amounts
recaptured under this heading, the heading ``Annual
Contributions for Assisted Housing'', or the heading
``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for
performance-based contract administrators, notwithstanding
the purposes for which such amounts were appropriated:
Provided further, That, notwithstanding any other provision
of law, upon the request of the Secretary of Housing and
Urban Development, project funds that are held in residual
receipts accounts for any project subject to a section 8
project-based Housing Assistance Payments contract that
authorizes HUD or a Housing Finance Agency to require that
surplus project funds be deposited in an interest-bearing
residual receipts account and that are in excess of an amount
to be determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available
until expended: Provided further, That amounts deposited
pursuant to the previous proviso shall be available in
addition to the amount otherwise provided by this heading for
uses authorized under this heading.
housing for the elderly
For amendments to capital advance contracts for housing for
the elderly, as authorized by section 202 of the Housing Act
of 1959, as amended, and for project rental assistance for
the elderly
[[Page S8047]]
under section 202(c)(2) of such Act, including amendments to
contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and
for senior preservation rental assistance contracts,
including renewals, as authorized by section 811(e) of the
American Housing and Economic Opportunity Act of 2000, as
amended, and for supportive services associated with the
housing, $420,000,000 to remain available until September 30,
2019: Provided, That of the amount provided under this
heading, up to $77,000,000 shall be for service coordinators
and the continuation of existing congregate service grants
for residents of assisted housing projects: Provided
further, That amounts under this heading shall be available
for Real Estate Assessment Center inspections and inspection-
related activities associated with section 202 projects:
Provided further, That the Secretary may waive the provisions
of section 202 governing the terms and conditions of project
rental assistance, except that the initial contract term for
such assistance shall not exceed 5 years in duration:
Provided further, That upon request of the Secretary of
Housing and Urban Development, project funds that are held in
residual receipts accounts for any project subject to a
section 202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the
Department and deposited in this account, to be available
until September 30, 2019: Provided further, That amounts
deposited in this account pursuant to the previous proviso
shall be available, in addition to the amounts otherwise
provided by this heading, for the purposes funded under this
heading, and if such purposes have been fully funded, may be
used by the Secretary to support demonstration programs to
test housing with services models for the elderly: Provided
further, That unobligated balances, including recaptures and
carryover, remaining from funds transferred to or
appropriated under this heading may be used for the current
purposes authorized under this heading notwithstanding the
purposes for which such funds originally were appropriated.
housing for persons with disabilities
For amendments to capital advance contracts for supportive
housing for persons with disabilities, as authorized by
section 811 of the Cranston-Gonzalez National Affordable
Housing Act (42 U.S.C. 8013), for project rental assistance
for supportive housing for persons with disabilities under
section 811(d)(2) of such Act and for project assistance
contracts pursuant to section 202(h) of the Housing Act of
1959 (Public Law 86-372; 73 Stat. 667), including amendments
to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, for
project rental assistance to State housing finance agencies
and other appropriate entities as authorized under section
811(b)(3) of the Cranston-Gonzalez National Housing Act, and
for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1)
of such Act, $137,000,000, to remain available until
September 30, 2019: Provided, That amounts made available
under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related
activities associated with section 811 projects: Provided
further, That, in this fiscal year, upon the request of the
Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project
subject to a section 811 project rental assistance contract
and that upon termination of such contract are in excess of
an amount to be determined by the Secretary shall be remitted
to the Department and deposited in this account, to be
available until September 30, 2019: Provided further, That
amounts deposited in this account pursuant to the previous
proviso shall be available in addition to the amounts
otherwise provided by this heading for the purposes
authorized under this heading: Provided further, That
unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under
this heading may be used for the current purposes authorized
under this heading notwithstanding the purposes for which
such funds originally were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding
loans, as authorized under section 106 of the Housing and
Urban Development Act of 1968, as amended, $47,000,000, to
remain available until September 30, 2017, including up to
$4,500,000 for administrative contract services: Provided,
That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
both current and prospective, with respect to property
maintenance, financial management/literacy, and such other
matters as may be appropriate to assist them in improving
their housing conditions, meeting their financial needs, and
fulfilling the responsibilities of tenancy or homeownership;
for program administration; and for housing counselor
training: Provided further, That for purposes of providing
such grants from amounts provided under this heading, the
Secretary may enter into multiyear agreements as appropriate,
subject to the availability of annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the
Housing and Urban Development Act of 1965 (12 U.S.C. 1701s)
and section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1) in State-aided, noninsured rental housing projects,
$30,000,000, to remain available until expended: Provided,
That such amount, together with unobligated balances from
recaptured amounts appropriated prior to fiscal year 2006
from terminated contracts under such sections of law, and any
unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after
fiscal year 2005, shall also be available for extensions of
up to one year for expiring contracts under such sections of
law.
manufactured housing standards program
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National
Manufactured Housing Construction and Safety Standards Act of
1974 (42 U.S.C. 5401 et seq.), up to $10,000,000, to remain
available until expended, of which $10,000,000 is to be
derived from the Manufactured Housing Fees Trust Fund:
Provided, That not to exceed the total amount appropriated
under this heading shall be available from the general fund
of the Treasury to the extent necessary to incur obligations
and make expenditures pending the receipt of collections to
the Fund pursuant to section 620 of such Act: Provided
further, That the amount made available under this heading
from the general fund shall be reduced as such collections
are received during fiscal year 2016 so as to result in a
final fiscal year 2016 appropriation from the general fund
estimated at zero, and fees pursuant to such section 620
shall be modified as necessary to ensure such a final fiscal
year 2016 appropriation: Provided further, That for the
dispute resolution and installation programs, the Secretary
of Housing and Urban Development may assess and collect fees
from any program participant: Provided further, That such
collections shall be deposited into the Fund, and the
Secretary, as provided herein, may use such collections, as
well as fees collected under section 620, for necessary
expenses of such Act: Provided further, That,
notwithstanding the requirements of section 620 of such Act,
the Secretary may carry out responsibilities of the Secretary
under such Act through the use of approved service providers
that are paid directly by the recipients of their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30,
2017: Provided, That during fiscal year 2016, obligations to
make direct loans to carry out the purposes of section 204(g)
of the National Housing Act, as amended, shall not exceed
$5,000,000: Provided further, That the foregoing amount in
the previous proviso shall be for loans to nonprofit and
governmental entities in connection with sales of single
family real properties owned by the Secretary and formerly
insured under the Mutual Mortgage Insurance Fund: Provided
further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain
available until September 30, 2017: Provided further, That
to the extent guaranteed loan commitments exceed
$200,000,000,000 on or before April 1, 2016, an additional
$1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by
this proviso exceed $30,000,000.
general and special risk program account
New commitments to guarantee loans insured under the
General and Special Risk Insurance Funds, as authorized by
sections 238 and 519 of the National Housing Act (12 U.S.C.
1715z-3 and 1735c), shall not exceed $30,000,000,000 in total
loan principal, any part of which is to be guaranteed, to
remain available until September 30, 2017: Provided, That
during fiscal year 2016, gross obligations for the principal
amount of direct loans, as authorized by sections 204(g),
207(l), 238, and 519(a) of the National Housing Act, shall
not exceed $5,000,000, which shall be for loans to nonprofit
and governmental entities in connection with the sale of
single family real properties owned by the Secretary and
formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the
purposes of section 306 of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$500,000,000,000, to remain available until September 30,
2017: Provided, That $23,000,000 shall be available for
necessary salaries and expenses of the Office of Government
National Mortgage Association: Provided further, That to the
extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2016, an additional
$100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed
loan commitments (including a pro rata amount for any amount
below $1,000,000), but in no case shall funds made available
by this proviso exceed $3,000,000: Provided further, That
receipts from Commitment and Multiclass fees collected
pursuant to title III of the National Housing Act, as
amended, shall be credited as offsetting collections to this
account.
Policy Development and Research
research and technology
(including transfer of funds)
For contracts, grants, and necessary expenses of programs
of research and studies relating to housing and urban
problems, not otherwise provided for, as authorized by title
V of the Housing and Urban Development Act of 1970 (12 U.S.C.
1701z-1 et seq.), including carrying out the functions of the
Secretary of Housing and Urban Development under section
1(a)(1)(i) of Reorganization Plan No. 2 of 1968, $50,000,000,
to remain available until September 30, 2017.
[[Page S8048]]
Of the amounts made available in this title under each of
the headings specified in the report accompanying this Act,
the Secretary may transfer to this account up to 0.1 percent
from each such account, and such transferred amounts shall be
available until September 30, 2017, for (1) technical
assistance and capacity building; and (2) research,
evaluation, and program metrics: Provided, That the
Secretary may not transfer more than $40,000,000 to this
account.
With respect to amounts made available under this heading,
notwithstanding section 204 of this title, the Secretary may
enter into cooperative agreements funded with philanthropic
entities, other Federal agencies, or State or local
governments and their agencies for research projects:
Provided, That any such partners to any such cooperative
agreements must contribute at least 50 percent of the cost of
the project: Provided further, That for any such cooperative
agreements, the Secretary of Housing and Urban Development
shall comply with section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (Public Law 109-
282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) with respect to documentation of award
decisions.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise
provided for, as authorized by title VIII of the Civil Rights
Act of 1968, as amended by the Fair Housing Amendments Act of
1988, and section 561 of the Housing and Community
Development Act of 1987, as amended, $65,300,000, to remain
available until September 30, 2017, of which $38,600,000
shall be to carry out activities pursuant to such section
561: Provided, That notwithstanding 31 U.S.C. 3302, the
Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds to
provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the
executive or legislative branches of the Federal Government
in connection with a specific contract, grant, or loan:
Provided further, That of the funds made available under this
heading, $300,000 shall be available to the Secretary of
Housing and Urban Development for the creation and promotion
of translated materials and other programs that support the
assistance of persons with limited English proficiency in
utilizing the services provided by the Department of Housing
and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992, $110,000,000, to remain available
until September 30, 2017, of which $25,000,000 shall be for
the Healthy Homes Initiative, pursuant to sections 501 and
502 of the Housing and Urban Development Act of 1970 that
shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-
based paint poisoning and other housing-related diseases and
hazards: Provided, That for purposes of environmental
review, pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) and other provisions of the law
that further the purposes of such Act, a grant under the
Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts
for such purposes under this heading, shall be considered to
be funds for a special project for purposes of section 305(c)
of the Multifamily Housing Property Disposition Reform Act of
1994: Provided further, That of the total amount made
available under this heading, $45,000,000 shall be made
available on a competitive basis for areas with the highest
lead paint abatement needs: Provided further, That each
recipient of funds provided under the previous proviso shall
contribute an amount not less than 25 percent of the total:
Provided further, That each applicant shall certify adequate
capacity that is acceptable to the Secretary to carry out the
proposed use of funds pursuant to a notice of funding
availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts, and
that still remain available, may be used for any purpose
under this heading notwithstanding the purpose for which such
amounts were appropriated if a program competition is
undersubscribed and there are other program competitions
under this heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and
infrastructure for Department-wide and program-specific
information technology systems, for the continuing operation
and maintenance of both Department-wide and program-specific
information systems, and for program-related maintenance
activities, $250,000,000, shall remain available until
September 30, 2017: Provided, That any amounts transferred
to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to
this Fund from amounts appropriated by previously enacted
appropriations Acts may be used for the purposes specified
under this Fund, in addition to any other information
technology purposes for which such amounts were appropriated.
Office of Inspector General
For necessary salaries and expenses of the Office of
Inspector General in carrying out the Inspector General Act
of 1978, as amended, $126,000,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescissions)
Sec. 201. Fifty percent of the amounts of budget
authority, or in lieu thereof 50 percent of the cash amounts
associated with such budget authority, that are recaptured
from projects described in section 1012(a) of the Stewart B.
McKinney Homeless Assistance Amendments Act of 1988 (42
U.S.C. 1437 note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget
authority or cash recaptured and not rescinded or remitted to
the Treasury shall be used by State housing finance agencies
or local governments or local housing agencies with projects
approved by the Secretary of Housing and Urban Development
for which settlement occurred after January 1, 1992, in
accordance with such section. Notwithstanding the previous
sentence, the Secretary may award up to 15 percent of the
budget authority or cash recaptured and not rescinded or
remitted to the Treasury to provide project owners with
incentives to refinance their project at a lower interest
rate.
Sec. 202. None of the funds made available under this
title may be used during fiscal year 2016 to investigate or
prosecute under the Fair Housing Act any otherwise lawful
activity engaged in by one or more persons, including the
filing or maintaining of a nonfrivolous legal action, that is
engaged in solely for the purpose of achieving or preventing
action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. (a) Notwithstanding any other provision of law,
the amount allocated for fiscal year 2016 under section
854(c) of the AIDS Housing Opportunity Act (42 U.S.C.
12903(c)), to the city of New York, New York, on behalf of
the New York-Wayne-White Plains, New York-New Jersey
Metropolitan Division (hereafter ``metropolitan division'')
of the New York-Newark-Edison, NY-NJ-PA Metropolitan
Statistical Area, shall be adjusted by the Secretary of
Housing and Urban Development by:
(1) allocating to the city of Jersey City, New Jersey, the
proportion of the metropolitan area's or division's amount
that is based on the number of persons living with HIV,
poverty and fair market rents, in the portion of the
metropolitan area or division that is located in Hudson
County, New Jersey; and
(2) allocating to the city of Paterson, New Jersey, the
proportion of the metropolitan area's or division's amount
that is based on the number of persons living with HIV,
poverty and fair market rents, in the portion of the
metropolitan area or division that is located in Bergen
County and Passaic County, New Jersey. The recipient cities
shall use amounts allocated under this subsection to carry
out eligible activities under section 855 of the AIDS Housing
Opportunity Act (42 U.S.C. 12904) in their respective
portions of the metropolitan division that is located in New
Jersey.
(b) Notwithstanding any other provision of law, the amount
allocated for fiscal year 2016 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)), to the
city of Wilmington, Delaware, on behalf of the Wilmington,
Delaware-Maryland-New Jersey Metropolitan Division (hereafter
``metropolitan division''), shall be adjusted by the
Secretary of Housing and Urban Development by allocating to
the State of New Jersey the proportion of the metropolitan
division's amount that is based on the number of persons
living with HIV, poverty and fair market rents, in the
portion of the metropolitan division that is located in New
Jersey. The State of New Jersey shall use amounts allocated
to the State under this subsection to carry out eligible
activities under section 855 of the AIDS Housing Opportunity
Act (42 U.S.C. 12904) in the portion of the metropolitan
division that is located in New Jersey.
(c) Notwithstanding any other provision of law, the
Secretary of Housing and Urban Development shall allocate to
Wake County, North Carolina, the amounts that otherwise would
be allocated for fiscal year 2016 under section 854(c) of the
AIDS Housing Opportunity Act (42 U.S.C. 12903(c)) to the city
of Raleigh, North Carolina, on behalf of the Raleigh-Cary
North Carolina Metropolitan Statistical Area. Any amounts
allocated to Wake County shall be used to carry out eligible
activities under section 855 of such Act (42 U.S.C. 12904)
within such metropolitan statistical area.
(d) Notwithstanding section 854(c) of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)), the Secretary of
Housing and Urban Development may adjust the allocation of
the amounts that otherwise would be allocated for fiscal year
2016 under section 854(c) of such Act, upon the written
request of an applicant, in conjunction with the State(s),
for a formula allocation on behalf of a metropolitan
statistical area, to designate the State or States in which
the metropolitan statistical area is located as the eligible
grantee(s) of the allocation. In the case that a metropolitan
statistical area involves more than one State, such amounts
allocated to each State shall be based on the proportion of
the metropolitan statistical area's amount that is based on
the number of persons living with HIV, poverty and fair
market rents, in the portion of the metropolitan statistical
area that is located in that State. Any amounts allocated to
a State under this section shall be used to carry out
eligible activities within the portion of the metropolitan
statistical area located in that State.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to
title II of this Act shall be made on a competitive basis and
in accordance with section 102 of the Department of Housing
and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
[[Page S8049]]
Sec. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available,
without regard to the limitations on administrative expenses,
for legal services on a contract or fee basis, and for
utilizing and making payment for services and facilities of
the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage
Corporation, Federal Financing Bank, Federal Reserve banks or
any member thereof, Federal Home Loan banks, and any insured
bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this title or
through a reprogramming of funds, no part of any
appropriation for the Department of Housing and Urban
Development shall be available for any program, project or
activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the
Government Corporation Control Act are hereby authorized to
make such expenditures, within the limits of funds and
borrowing authority available to each such corporation or
agency and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in
carrying out the programs set forth in the budget for fiscal
year 2016 for such corporation or agency except as
hereinafter provided: Provided, That collections of these
corporations and agencies may be used for new loan or
mortgage purchase commitments only to the extent expressly
provided for in this Act (unless such loans are in support of
other forms of assistance provided for in this or prior
appropriations Acts), except that this proviso shall not
apply to the mortgage insurance or guaranty operations of
these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United
States Government.
Sec. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate
Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and
activity within the jurisdiction of the Department and shall
submit additional, updated budget information to these
Committees upon request.
Sec. 209. A public housing agency or such other entity
that administers Federal housing assistance for the Housing
Authority of the county of Los Angeles, California, and the
States of Alaska, Iowa, and Mississippi shall not be required
to include a resident of public housing or a recipient of
assistance provided under section 8 of the United States
Housing Act of 1937 on the board of directors or a similar
governing board of such agency or entity as required under
section (2)(b) of such Act. Each public housing agency or
other entity that administers Federal housing assistance
under section 8 for the Housing Authority of the county of
Los Angeles, California and the States of Alaska, Iowa and
Mississippi that chooses not to include a resident of public
housing or a recipient of section 8 assistance on the board
of directors or a similar governing board shall establish an
advisory board of not less than six residents of public
housing or recipients of section 8 assistance to provide
advice and comment to the public housing agency or other
administering entity on issues related to public housing and
section 8. Such advisory board shall meet not less than
quarterly.
Sec. 210. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
Sec. 211. (a) Notwithstanding any other provision of law,
subject to the conditions listed under this section, for
fiscal years 2016 and 2017, the Secretary of Housing and
Urban Development may authorize the transfer of some or all
project-based assistance, debt held or insured by the
Secretary and statutorily required low-income and very low-
income use restrictions if any, associated with one or more
multifamily housing project or projects to another
multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based
assistance under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the project or projects to
which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to
the following conditions:
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when transferred
to the receiving project or projects and the net dollar
amount of Federal assistance provided to the transferring
project shall remain the same in the receiving project or
projects.
(B) For unoccupied units in the transferring project: The
Secretary may authorize a reduction in the number of dwelling
units in the receiving project or projects to allow for a
reconfiguration of bedroom sizes to meet current market
demands, as determined by the Secretary and provided there is
no increase in the project-based assistance budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically
nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval
by all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving
project or projects shall not be required to vacate their
units in the transferring project or projects until new units
in the receiving project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving
project or projects meets the condition specified in
subsection (d)(2)(A), any lien on the receiving project
resulting from additional financing obtained by the owner
shall be subordinate to any FHA-insured mortgage lien
transferred to, or placed on, such project by the Secretary,
except that the Secretary may waive this requirement upon
determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a
continuation of the existing use agreement or a new use
agreement for the project where, in either case, any use
restrictions in such agreement are of no lesser duration than
the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount of
any such increased cost.
(d) For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured under the
National Housing Act;
(B) housing that has project-based assistance attached to
the structure including projects undergoing mark to market
debt restructuring under the Multifamily Assisted Housing
Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of the
Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/or
additional assistance payments under section 236(f)(2) of the
National Housing Act;
(E) assistance payments made under section 202(c)(2) of the
Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2) of the
Cranston-Gonzalez National Affordable Housing Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all
of the project-based assistance, debt, and statutorily
required low-income and very low-income use restrictions are
to be transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the
receiving project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Public Notice and Research Report.--
(1) The Secretary shall publish by notice in the Federal
Register the terms and conditions, including criteria for HUD
approval, of transfers pursuant to this section no later than
30 days before the effective date of such notice.
(2) The Secretary shall conduct an evaluation of the
transfer authority under this section, including the effect
of such transfers on the operational efficiency, contract
rents, physical and financial conditions, and long-term
preservation of the affected properties.
Sec. 212. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who--
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher
Education Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing
Act of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance
[[Page S8050]]
under such section 8 as of November 30, 2005; and
(7) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act
of 1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), any financial
assistance (in excess of amounts received for tuition and any
other required fees and charges) that an individual receives
under the Higher Education Act of 1965 (20 U.S.C. 1001 et
seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965
(20 U.S.C. 1002)), shall be considered income to that
individual, except for a person over the age of 23 with
dependent children.
Sec. 213. The funds made available under NAHASDA for
Native Alaskans under the heading ``Indian Block Grants'' in
title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in
fiscal year 2005.
Sec. 214. Notwithstanding the limitation in the first
sentence of section 255(g) of the National Housing Act (12
U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2016, insure and enter
into commitments to insure mortgages under such section 255.
Sec. 215. Notwithstanding any other provision of law, in
fiscal year 2016, in managing and disposing of any
multifamily property that is owned or has a mortgage held by
the Secretary of Housing and Urban Development, and during
the process of foreclosure on any property with a contract
for rental assistance payments under section 8 of the United
States Housing Act of 1937 or other Federal programs, the
Secretary shall maintain any rental assistance payments under
section 8 of the United States Housing Act of 1937 and other
programs that are attached to any dwelling units in the
property. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources,
including rent adjustments under section 524 of the
Multifamily Assisted Housing Reform and Affordability Act of
1997 (``MAHRAA'') and (2) environmental conditions that
cannot be remedied in a cost-effective fashion, the Secretary
may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an
owner or owners of other existing housing properties, or
provide other rental assistance. The Secretary shall also
take appropriate steps to ensure that project-based contracts
remain in effect prior to foreclosure, subject to the
exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other available remedies,
such as partial abatements or receivership. After disposition
of any multifamily property described under this section, the
contract and allowable rent levels on such properties shall
be subject to the requirements under section 524 of MAHRAA.
Sec. 216. The commitment authority funded by fees as
provided under the heading ``Community Development Loan
Guarantees Program Account'' may be used to guarantee, or
make commitments to guarantee, notes, or other obligations
issued by any State on behalf of non-entitlement communities
in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974:
Provided, That any State receiving such a guarantee or
commitment shall distribute all funds subject to such
guarantee to the units of general local government in non-
entitlement areas that received the commitment.
Sec. 217. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the
operating fund rule: Provided, That an agency seeking a
discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management
requirements.
Sec. 218. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital
improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of
1937 (42 U.S.C. 1437g(d) and (e)), the Secretary shall not
impose any requirement or guideline relating to asset
management that restricts or limits in any way the use of
capital funds for central office costs pursuant to section
9(g)(1) or 9(g)(2) of the United States Housing Act of 1937
(42 U.S.C. 1437g(g)(1), (2)): Provided, That a public
housing agency may not use capital funds authorized under
section 9(d) for activities that are eligible under section
9(e) for assistance with amounts from the operating fund in
excess of the amounts permitted under section 9(g)(1) or
9(g)(2).
Sec. 219. No official or employee of the Department of
Housing and Urban Development shall be designated as an
allotment holder unless the Office of the Chief Financial
Officer has determined that such allotment holder has
implemented an adequate system of funds control and has
received training in funds control procedures and directives.
The Chief Financial Officer shall ensure that there is a
trained allotment holder for each HUD sub-office under the
accounts ``Executive Offices'' and ``Administrative Support
Offices,'' as well as each account receiving appropriations
for ``Program Office Salaries and Expenses'', ``Government
National Mortgage Association--Guarantees of Mortgage-Backed
Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and
Urban Development.
Sec. 220. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2016 and subsequent
fiscal years, notify the public through the Federal Register
and other means, as determined appropriate, of the issuance
of a notice of the availability of assistance or notice of
funding availability (NOFA) for any program or discretionary
fund administered by the Secretary that is to be
competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2016 and subsequent fiscal years, the
Secretary may make the NOFA available only on the Internet at
the appropriate Government Web site or through other
electronic media, as determined by the Secretary.
Sec. 221. Payment of attorney fees in program-related
litigation shall be paid from the individual program office
and Office of General Counsel salaries and expenses
appropriations. The annual budget submission for the program
offices and the Office of General Counsel shall include any
such projected litigation costs for attorney fees as a
separate line item request. No funds provided in this title
may be used to pay any such litigation costs for attorney
fees until the Department submits for review and approval a
spending plan for such costs to the House and Senate
Committees on Appropriations.
Sec. 222. The Secretary of the Department of Housing and
Urban Development is authorized to transfer up to 5 percent
or $5,000,000, whichever is less, of the funds appropriated
for any office funded under the heading ``Administrative
Support Offices'' to any other office funded under such
heading: Provided, That no appropriation for any office
funded under the heading ``Administrative Support Offices''
shall be increased or decreased by more than 5 percent or
$5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations:
Provided further, That the Secretary is authorized to
transfer up to 5 percent or $5,000,000, whichever is less, of
the funds appropriated for any account funded under the
general heading ``Program Office Salaries and Expenses'' to
any other account funded under such heading: Provided
further, That no appropriation for any account funded under
the general heading ``Program Office Salaries and Expenses''
shall be increased or decreased by more than 5 percent or
$5,000,000, whichever is less, without prior written approval
of the House and Senate Committees on Appropriations:
Provided further, That the Secretary may transfer funds made
available for salaries and expenses between any office funded
under the heading ``Administrative Support Offices'' and any
account funded under the general heading ``Program Office
Salaries and Expenses'', but only with the prior written
approval of the House and Senate Committees on
Appropriations.
Sec. 223. The Disaster Housing Assistance Programs,
administered by the Department of Housing and Urban
Development, shall be considered a ``program of the
Department of Housing and Urban Development'' under section
904 of the McKinney Act for the purpose of income
verifications and matching.
Sec. 224. (a) The Secretary of Housing and Urban
Development shall take the required actions under subsection
(b) when a multifamily housing project with a section 8
contract or contract for similar project-based assistance:
(1) receives a Real Estate Assessment Center (REAC) score
of 30 or less; or
(2) receives a REAC score between 31 and 59 and:
(A) fails to certify in writing to HUD within 60 days that
all deficiencies have been corrected; or
(B) receives consecutive scores of less than 60 on REAC
inspections.
Such requirements shall apply to insured and noninsured
projects with assistance attached to the units under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f),
but do not apply to such units assisted under section
8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public housing units
assisted with capital or operating funds under section 9 of
the United States Housing Act of 1937 (42 U.S.C. 1437g).
(b) The Secretary shall take the following required actions
as authorized under subsection (a)--
(1) The Secretary shall notify the owner and provide an
opportunity for response within 30 days. If the violations
remain, the Secretary shall develop a Compliance, Disposition
and Enforcement Plan within 60 days, with a specified
timetable for correcting all deficiencies. The Secretary
shall provide notice of the Plan to the owner, tenants, the
local government, any mortgagees, and any contract
administrator.
(2) At the end of the term of the Compliance, Disposition
and Enforcement Plan, if the owner fails to fully comply with
such plan, the Secretary may require immediate replacement of
project management with a management agent approved by the
Secretary, and shall take one or more of the following
actions, and provide additional notice of those actions to
the owner and the parties specified above:
(A) impose civil money penalties;
(B) abate the section 8 contract, including partial
abatement, as determined by the Secretary, until all
deficiencies have been corrected;
(C) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered; or
[[Page S8051]]
(D) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies.
(c) The Secretary shall also take appropriate steps to
ensure that project-based contracts remain in effect, subject
to the exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health
and safety after written notice to and informed consent of
the affected tenants and use of other remedies set forth
above. To the extent the Secretary determines, in
consultation with the tenants and the local government, that
the property is not feasible for continued rental assistance
payments under such section 8 or other programs, based on
consideration of (1) the costs of rehabilitating and
operating the property and all available Federal, State, and
local resources, including rent adjustments under section 524
of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions
that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that
property, contract for project-based rental assistance
payments with an owner or owners of other existing housing
properties, or provide other rental assistance. The Secretary
shall report semi-annually on all properties covered by this
section that are assessed through the Real Estate Assessment
Center and have physical inspection scores of less than 30 or
have consecutive physical inspection scores of less than 60.
The report shall include:
(1) The enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have
such conditions multiple times; and
(2) Actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties.
Sec. 225. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only
with respect to the tenant-based rental assistance program)
and section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437 et seq.), may be used by any public housing
agency for any amount of salary, including bonuses, for the
chief executive officer of which, or any other official or
employee of which, that exceeds the annual rate of basic pay
payable for a position at level IV of the Executive Schedule
at any time during any public housing agency fiscal year
2016.
Sec. 226. None of the funds in this Act may be available
for the doctoral dissertation research grant program at the
Department of Housing and Urban Development.
Sec. 227. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2016.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2016.''.
Sec. 228. None of the funds in this Act provided to the
Department of Housing and Urban Development may be used to
make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project, State, locality, housing
authority, tribe, nonprofit organization, or other entity
selected to receive a grant award is announced by the
Department or its offices.
Sec. 229. Of the amounts made available for salaries and
expenses under all accounts under this title (except for the
Office of Inspector General account), a total of up to
$5,000,000 may be transferred to and merged with amounts made
available in the ``Information Technology Fund'' account
under this title.
Sec. 230. None of the funds made available by this Act nor
any receipts or amounts collected under any Federal Housing
Administration program may be used to implement the
Homeowners Armed with Knowledge (HAWK) program.
Sec. 231. None of the funds made available in this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, or the
Department of Housing and Urban Development to insure,
securitize, or establish a Federal guarantee of any mortgage
or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain
condemnation or seizure, by a State, municipality, or any
other political subdivision of a State.
Sec. 232. None of the funds made available by this Act may
be used to terminate the status of a unit of general local
government as a metropolitan city (as defined in section 102
of the Housing and Community Development Act of 1974 (42
U.S.C. 5302)) with respect to grants under section 106 of
such Act (42 U.S.C. 5306).
Sec. 233. Subsection (b) of section 225 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C. 12755) is
amended by adding at the end the following new sentence:
``Such 30-day waiting period is not required if the grounds
for the termination or refusal to renew involve a direct
threat to the safety of the tenants or employees of the
housing, or an imminent and serious threat to the property
(and the termination or refusal to renew is in accordance
with the requirements of State or local law).''.
Sec. 234. None of the funds under this title may be used
for awards, including performance, special act, or spot, for
any employee of the Department of Housing and Urban
Development who is subject to administrative discipline in
fiscal year 2016, including suspension from work.
Sec. 235. The language under the heading ``Rental
Assistance Demonstration'' in the Department of Housing and
Urban Development Appropriations Act, 2012 (Public Law 112-
55) is amended:
(1) in proviso four, by striking ``185,000'' and inserting
``200,000'';
(2) in proviso eighteen, by inserting ``for fiscal year
2012 and hereafter,'' after ``Provided further, That''; and
(3) In proviso nineteen, by striking ``, which may extend
beyond fiscal year 2016 as necessary to allow processing of
all timely applications,''.
Sec. 236. Section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g) is amended by--
(1) inserting at the end of subsection (j)--
``(7) Treatment of replacement reserve.--The requirements
of this subsection shall not apply to funds held in
replacement reserves established in subsection (9)(n).''; and
(2) inserting at the end of subsection (m)--
``(n) Establishment of Replacement Reserves.--
``(1) In general.--Public Housing authorities shall be
permitted to establish a Replacement Reserve to fund any of
the capital activities listed in subparagraph (d)(1).
``(2) Source and amount of funds for replacement reserve.--
At any time, a public housing authority may deposit funds
from that agency's Capital Fund into a replacement reserve
subject to the following:
``(A) At the discretion of the Secretary, public housing
agencies may transfer and hold in a Replacement Reserve,
funds originating from additional sources.
``(B) No minimum transfer of funds to a replacement reserve
shall be required.
``(C) At any time, a public housing authority may not hold
in a replacement reserve more than the amount the public
housing authority has determined necessary to satisfy the
anticipated capital needs of properties in its portfolio
assisted under 42 U.S.C. 1437g as outlined in its Capital
Fund 5 Year Action Plan, or a comparable plan, as determined
by the Secretary.
``(D) The Secretary may establish by regulation a maximum
replacement reserve level or levels that are below amounts
determined under subparagraph (C), which may be based upon
the size of the portfolio assisted under 42 U.S.C. 1437g or
other factors.
``(3) In first establishing a replacement reserve, the
Secretary may allow public housing agencies to transfer more
than 20 percent of its operating funds into its replacement
reserve.
``(4) Expenditure.--Funds in a replacement reserve may be
used for purposes authorized by subparagraph (d)(1) and
contained in its Capital Fund 5 Year Action Plan.
``(5) Management and report.--The Secretary shall establish
appropriate accounting and reporting requirements to ensure
that public housing agencies are spending funds on eligible
projects and that funds in the replacement reserve are
connected to capital needs.''.
Sec. 237. Section 9(g)(1) of the United States Housing Act
of 1937 (42 U.S.C. 1437g(g)) is amended by--
(1) inserting ``(A)'' immediately after the paragraph
designation;
(2) by striking the period and inserting the following at
the end: ``; and''; and
(3) inserting the following new paragraph:
``(B) Flexibility for operating fund amounts.--Of any
amounts appropriated for fiscal year 2016 or any fiscal year
thereafter that are allocated for fiscal year 2016 or any
fiscal year thereafter from the Operating Fund for any public
housing agency, the agency may use not more than 20 percent
for activities that are eligible under subsection (d) for
assistance with amounts from the Capital Fund, but only if
the public housing plan for the agency provides for such
use.''.
Sec. 238. Section 526 (12 U.S.C. 1735f-4) of the National
Housing Act is amended by inserting at the end of subsection
(b)--
``(c) The Secretary may establish an exception to any
minimum property standard established under this section in
order to address alternative water systems, including
cisterns, which meet requirements of State and local building
codes that ensure health and safety standards.''.
Sec. 239. The Secretary of Housing and Urban Development
shall increase, pursuant to this section, the number of
Moving-to-Work agencies authorized under section 204, title
II, of the Departments of Veterans Affairs and Housing and
Urban Development and Independent Agencies Appropriations
Act, 1996 (Public Law 104-134; 110 Stat. 1321) by adding to
the program 300 public housing agencies that are designated
as high performing agencies under the Public Housing
Assessment System (PHAS). No public housing agency shall be
granted this designation through this section that
administers in excess of 22,000 aggregate housing vouchers
and public housing units. Of the agencies selected under this
section, no less than 150 shall administer 600 or fewer
aggregate housing voucher and public housing units, no less
than 125 shall administer 601-5,000 aggregate housing voucher
and public housing units, and no more than 20 shall
administer 5,001-22,000 aggregate housing voucher and public
housing units. Of the 300 agencies selected under this
section, five shall be agencies with portfolio awards under
the Rental Assistance Demonstration that meet the other
requirements of this section. Selection of agencies under
this section shall be based on ensuring the geographic
diversity of Moving-to-Work agencies. The Secretary may, at
the request of a Moving-to-Work agency and one or more
adjacent public housing agencies in the same area, designate
that Moving-to-Work agency as a regional agency. A regional
Moving-to-Work agency may administer the assistance under
sections 8 and 9 of the United States Housing Act of 1937 (42
U.S.C. 1437f and g) for the participating agencies within its
region pursuant to the terms of its Moving-to-Work agreement
with the Secretary. The Secretary may agree to extend the
term of the agreement and to make any necessary changes to
accommodate regionalization. A Moving-to-Work agency may be
selected as a regional agency if the Secretary determines
[[Page S8052]]
that unified administration of assistance under sections 8
and 9 by that agency across multiple jurisdictions will lead
to efficiencies and to greater housing choice for low-income
persons in the region. For purposes of this expansion, in
addition to the provisions of the Act retained in section
204, section 8(r)(1) of the Act shall continue to apply
unless the Secretary determines that waiver of this section
is necessary to implement comprehensive rent reform and
occupancy policies subject to evaluation by the Secretary,
and the waiver contains, at a minimum, exceptions for
requests to port due to employment, education, health and
safety. No public housing agency granted this designation
through this section shall receive more funding under
sections 8 or 9 of the United States Housing Act of 1937 than
it otherwise would have received absent this designation. The
Secretary shall extend the current Moving-to-Work agreements
of previously designated participating agencies until the end
of each such agency's fiscal year 2028 under the same terms
and conditions of such current agreements, except for any
changes to such terms or conditions otherwise mutually agreed
upon by the Secretary and any such agency and such extension
agreements shall prohibit any statutory offset of any reserve
balances equal to four months of operating expenses. Any such
reserve balances that exceed such amount shall remain
available to any such agency for all permissible purposes
under such agreement unless subject to a statutory offset. In
addition to other reporting requirements, all Moving-to-Work
agencies shall report financial data to the Department of
Housing and Urban Development as specified by the Secretary,
so that the effect of Moving-to-Work policy changes can be
measured.
Sec. 240. Section 3(a) of the United States Housing Act of
1937 (42 U.S.C. 1437a(a)) is amended by adding at the end the
following new paragraph:
``(6) Reviews of family income.--
``(A) Frequency.--Reviews of family income for purposes of
this section shall be made--
``(i) in the case of all families, upon the initial
provision of housing assistance for the family; and
``(ii) no less than annually thereafter, except as provided
in subparagraph (B)(i);
``(B) Fixed-income families.--
``(i) Self certification and 3-year review.--In the case of
any family described in clause (ii), after the initial review
of the family's income pursuant to subparagraph (A)(i), the
public housing agency or owner shall not be required to
conduct a review of the family's income pursuant to
subparagraph (A)(ii) for any year for which such family
certifies, in accordance with such requirements as the
Secretary shall establish, that the income of the family
meets the requirements of clause (ii) of this subparagraph
and that the sources of such income have not changed since
the previous year, except that the public housing agency or
owner shall conduct a review of each such family's income not
less than once every 3 years.
``(ii) Eligible families.--A family described in this
clause is a family who has an income, as of the most recent
review pursuant to subparagraph (A) or clause (i) of this
subparagraph, of which 90 percent or more consists of fixed
income, as such term is defined in clause (iii).
``(iii) Fixed income.--For purposes of this subparagraph,
the term `fixed income' includes income from--
``(I) the supplemental security income program under title
XVI of the Social Security Act, including supplementary
payments pursuant to an agreement for Federal administration
under section 1616(a) of the Social Security Act and payments
pursuant to an agreement entered into under section 212(b) of
Public Law 93-66;
``(II) Social Security payments;
``(III) Federal, State, local and private pension plans;
and
``(IV) other periodic payments received from annuities,
insurance policies, retirement funds, disability or death
benefits, and other similar types of periodic receipts that
are of substantially the same amounts from year to year.
``(C) Inflationary adjustment for fixed income families.--
``(i) In general.--In any year in which a public housing
agency or owner does not conduct a review of income for any
family described in clause (ii) of subparagraph (B) pursuant
to the authority under clause (i) of such paragraph to waive
such a review, such family's prior year's income
determination shall, subject to clauses (ii) and (iii), be
adjusted by applying an inflationary factor as the Secretary
shall, by regulation or notice, establish.
``(ii) Exemption from adjustment.--A public housing agency
or owner may exempt from an adjustment pursuant to clause (i)
any income source for which income does not increase from
year to year.''.
Sec. 241. Section 8(x)(2) of the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.), is amended by striking ``18
months'' and inserting ``36 months''.
Sec. 242. (a) Establishment.--The Secretary of Housing and
Urban Development shall establish a demonstration program
during the period beginning on the date of enactment of this
Act, and ending on September 30, 2020, entering into budget-
neutral, performance-based agreements that result in a
reduction in energy or water costs with such entities as the
Secretary determines to be appropriate under which the
entities shall carry out projects for energy or water
conservation improvements at not more than 150,000
residential units in multifamily buildings participating in--
(1) the Project-Based Rental Assistance program under
section 8 of the United States Housing Act of 1937 (42 U.S.C.
1437f), other than assistance provided under section 8(o) of
that Act;
(2) the supportive Housing for the Elderly program under
section 202 of the Housing Act of 1959 (12 U.S.C. 1701q); or
(3) the supportive Housing for Persons with Disabilities
program under section 811(d)(2) of the Cranston-Gonzalez
National Affordable Housing Act (42 U.S.C. 8013(d)(2)).
(b) Requirements.--
(1) Payments contingent on savings.--
(A) In general.--The Secretary shall provide to an entity a
payment under an agreement under this section only during
applicable years for which an energy or water cost savings is
achieved with respect to the applicable multifamily portfolio
of properties, as determined by the Secretary, in accordance
with subparagraph (B).
(B) Payment methodology.--
(i) In general.--Each agreement under this section shall
include a pay-for-success provision--
(I) that will serve as a payment threshold for the term of
the agreement; and
(II) pursuant to which the Department of Housing and Urban
Development shall share a percentage of the savings at a
level determined by the Secretary that is sufficient to cover
the administrative costs of carrying out this section.
(ii) Limitations.--A payment made by the Secretary under an
agreement under this section shall--
(I) be contingent on documented utility savings; and
(II) not exceed the utility savings achieved by the date of
the payment, and not previously paid, as a result of the
improvements made under the agreement.
(C) Third party verification.--Savings payments made by the
Secretary under this section shall be based on a measurement
and verification protocol that includes at least--
(i) establishment of a weather-normalized and occupancy-
normalized utility consumption baseline established
preretrofit;
(ii) annual third party confirmation of actual utility
consumption and cost for owner-paid utilities;
(iii) annual third party validation of the tenant utility
allowances in effect during the applicable year and vacancy
rates for each unit type; and
(iv) annual third party determination of savings to the
Secretary.
(2) Term.--The term of an agreement under this section
shall be not longer than 12 years.
(3) Entity eligibility.--The Secretary shall--
(A) establish a competitive process for entering into
agreements under this section; and
(B) enter into such agreements only with entities that
demonstrate significant experience relating to--
(i) financing and operating properties receiving assistance
under a program described in subsection (a);
(ii) oversight of energy and water conservation programs,
including oversight of contractors; and
(iii) raising capital for energy and water conservation
improvements from charitable organizations or private
investors.
(4) Geographical diversity.--Each agreement entered into
under this section shall provide for the inclusion of
properties with the greatest feasible regional and State
variance.
(c) Plan and Reports.--
(1) Plan.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit to the
House and Senate Committees on Appropriations a detailed plan
for the implementation of this section.
(2) Reports.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary
shall--
(A) conduct an evaluation of the program under this
section; and
(B) submit to the House and Senate Committees on
Appropriations a report describing each evaluation conducted
under subparagraph (A).
(d) Funding.--For each fiscal year during which an
agreement under this section is in effect, the Secretary may
use to carry out this section any funds appropriated for the
renewal of contracts under a program described in subsection
(a).
Sec. 243. (a) Establishment.--The Secretary of Housing and
Urban Development may establish, through notice in the
Federal Register, a demonstration program to incent public
housing agencies, as defined in section 3(b)(6) of the United
States Housing Act of 1937 (in this section referred to as
``the Act''), to implement measures to reduce their energy
and water consumption.
(b) Eligibility.--Public housing agencies that operate
public housing programs that meet the demonstration
requirements, as determined by the Secretary, shall be
eligible for participation in the demonstration.
(c) Incentive.--The Secretary may provide an incentive to
an eligible public housing agency that uses capital funds,
operating funds, grants, utility rebates, and other resources
to reduce its energy and/or water consumption in accordance
with a plan approved by the Secretary.
(1) Base utility consumption level.--The initial base
utility consumption level under the approved plan shall be
set at the public housing agency's rolling base consumption
level immediately prior to the installation of energy
conservation measures.
(2) First year utility cost savings.--For the first year
that an approved plan is in effect, the Secretary shall
allocate the utility consumption level in the public housing
operating fund using the base utility consumption level.
(3) Subsequent year savings.--For each subsequent year that
the plan is in effect, the Secretary shall decrease the
utility consumption level by one percent of the initial base
utility consumption level per year until the utility
consumption level equals the public housing agency's actual
consumption level that followed the installation of energy
conservation measures, at which time the plan will terminate.
[[Page S8053]]
(4) Use of utility cost savings.--The public housing agency
may use the funds resulting from the energy conservation
measures, in accordance with paragraphs (2) and (3), for
either operating expenses, as defined by section 9(e)(1) of
the Act, or capital improvements, as defined by section
9(d)(1) of the Act.
(5) Duration of plan.--The length in years of the utility
conservation plan shall not exceed the number of percentage
points in utility consumption reduction a public housing
agency achieves through the energy conservation measures
implemented under this demonstration, but in no case shall it
exceed 20 years.
(6) Other requirements.--The Secretary may establish such
other requirements as necessary to further the purposes of
this demonstration.
(7) Evaluation.--Each public housing agency participating
in the demonstration shall submit to the Secretary such
performance and evaluation reports concerning the reduction
in energy consumption and compliance with the requirements of
this section as the Secretary may require.
(d) Termination.--Public housing agencies may enter into
this demonstration for 5 years after the date on which the
demonstration program is commenced.
Sec. 244. (a) Authority.--Subject to the conditions in
subsection (d), the Secretary of Housing and Urban
Development may authorize, in response to requests received
in fiscal years 2016 through 2020, the transfer of some or
all project-based assistance, tenant-based assistance,
capital advances, debt, and statutorily required use
restrictions from housing assisted under section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013) to other new or existing housing, which may include
projects, units, and other types of housing, as permitted by
the Secretary.
(b) Capital Advances.--Interest shall not be due and
repayment of a capital advance shall not be triggered by a
transfer pursuant to this section.
(c) Phased and Proportional Transfers.--
(1) Transfers under this section may be done in phases to
accommodate the financing and other requirements related to
rehabilitating or constructing the housing to which the
assistance is transferred, to ensure that such housing meets
the conditions under subsection (d).
(2) The capital advance repayment requirements, use
restrictions, rental assistance, and debt shall transfer
proportionally from the transferring housing to the receiving
housing.
(d) Conditions.--The transfers authorized by this section
shall be subject to the following conditions:
(1) the owner of the transferring housing shall demonstrate
that the transfer is in compliance with applicable Federal,
State, and local requirements regarding Housing for Persons
with Disabilities and shall provide the Secretary with
evidence of obtaining any approvals related to housing
disabled persons that are necessary under Federal, State, and
local government requirements;
(2) the owner of the transferring housing shall demonstrate
to the Secretary that any transfer is in the best interest of
the disabled residents by offering opportunities for
increased integration or less concentration of individuals
with disabilities;
(3) the owner of the transferring housing shall continue to
provide the same number of units as approved for rental
assistance by the Secretary in the receiving housing;
(4) the owner of the transferring housing shall consult
with the disabled residents in the transferring housing about
any proposed transfer under this section and shall notify the
residents of the transferring housing who are eligible for
assistance to be provided in the receiving housing that they
shall not be required to vacate the transferring housing
until the receiving housing is available for occupancy;
(5) the receiving housing shall meet or exceed applicable
physical standards established or adopted by the Secretary;
and
(6) if the receiving housing has a mortgage insured under
title II of the National Housing Act, any lien on the
receiving housing resulting from additional financing shall
be subordinate to any federally insured mortgage lien
transferred to, or placed on, such housing, except that the
Secretary may waive this requirement upon determination that
such a waiver is necessary to facilitate the financing of
acquisition, construction, or rehabilitation of the receiving
housing.
(e) Public Notice.--The Secretary shall publish a notice in
the Federal Register of the terms and conditions, including
criteria for the Department's approval of transfers pursuant
to this section no later than 30 days before the effective
date of such notice.
Sec. 245. (a) Of the unobligated balances, including
recaptures and carryover, remaining from funds appropriated
to the Department of Housing and Urban Development under the
heading ``General and Special Risk Program Account'', and for
the cost of guaranteed notes and other obligations under the
heading ``Native American Housing Block Grants'', $12,000,000
is hereby rescinded.
(b) All unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development under the
headings ``Rural Housing and Economic Development'', and
``Homeownership and Opportunity for People Everywhere
Grants'' are hereby rescinded.
Sec. 246. Funds made available in this title under the
heading ``Homeless Assistance Grants'' may be used to
participate in Performance Partnership Pilots authorized
under section 526 of division H of Public Law 113-76, section
524 of division G of Public Law 113-235, and such authorities
enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2016. Such participation
shall be targeted to improving the housing situation of
disconnected youth.
Sec. 247. Unobligated balances, including recaptures and
carryover, remaining from funds appropriated to the
Department of Housing and Urban Development for
administrative costs associated with funds appropriated to
the Department for specific disaster relief and related
purposes and designated by Congress as an emergency
requirement pursuant to a Concurrent Resolution on the Budget
or the Balanced Budget and Emergency Deficit Control Act,
including information technology costs and costs for
administering and overseeing such specific disaster related
funds, shall be transferred to the Program Office Salaries
and Expenses, Community Planning and Development account for
the Department, shall remain available until expended, and
may be used for such administrative costs for administering
any funds appropriated to the Department for any disaster
relief and related purposes in any prior or future act,
notwithstanding the purposes for which such funds were
appropriated: Provided, That amounts transferred pursuant to
this section that were previously designated by the Congress
as an emergency requirement pursuant to a Concurrent
Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
and shall be transferred only if the President subsequently
so designates the entire transfer and transmits such
designation to the Congress.
Sec. 248. None of the funds made available under this
title shall be used to enforce compliance with the Green
Physical Needs Assessment for public housing agencies with
250 housing units or less.
This title may be cited as the ``Department of Housing and
Urban Development Appropriations Act, 2016''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,023,000: Provided, That, notwithstanding any other
provision of law, there may be credited to this appropriation
funds received for publications and training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act,
1936, as amended (46 U.S.C. 307), including services as
authorized by 5 U.S.C. 3109; hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343(b); and uniforms or
allowances therefor, as authorized by 5 U.S.C. 5901-5902,
$25,660,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General
for the National Railroad Passenger Corporation to carry out
the provisions of the Inspector General Act of 1978, as
amended, $23,999,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the
duties specified in the Inspector General Act, as amended (5
U.S.C. App. 3), to investigate allegations of fraud,
including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation
by the National Railroad Passenger Corporation: Provided
further, That the Inspector General may enter into contracts
and other arrangements for audits, studies, analyses, and
other services with public agencies and with private persons,
subject to the applicable laws and regulations that govern
the obtaining of such services within the National Railroad
Passenger Corporation: Provided further, That the Inspector
General may select, appoint, and employ such officers and
employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern
such selections, appointments, and employment within the
Corporation: Provided further, That concurrent with the
President's budget request for fiscal year 2017, the
Inspector General shall submit to the House and Senate
Committees on Appropriations a budget request for fiscal year
2017 in similar format and substance to those submitted by
executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation
Safety Board, including hire of passenger motor vehicles and
aircraft; services as authorized by 5 U.S.C. 3109, but at
rates for individuals not to exceed the per diem rate
equivalent to the rate for a GS-15; uniforms, or allowances
therefor, as authorized by law (5 U.S.C. 5901-5902),
$105,170,000, of which not to exceed $2,000 may be used for
official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital
lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as
authorized by the Neighborhood Reinvestment Corporation Act
(42
[[Page S8054]]
U.S.C. 8101-8107), $140,000,000, of which $5,000,000 shall be
for a multi-family rental housing program.
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries,
authorized travel, hire of passenger motor vehicles, the
rental of conference rooms, and the employment of experts and
consultants under section 3109 of title 5, United States
Code) of the United States Interagency Council on
Homelessness in carrying out the functions pursuant to title
II of the McKinney-Vento Homeless Assistance Act, as amended,
$3,530,000. Title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11314) is amended in section 204(a)
by striking ``level V'' and inserting ``level IV''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Sec. 401. None of the funds in this Act shall be used 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 funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal
year, nor may any be transferred to other appropriations,
unless expressly so provided herein.
Sec. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures
are a matter of public record and available for public
inspection, except where otherwise provided under existing
law, or under existing Executive order issued pursuant to
existing law.
Sec. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of
official duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some
participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written
end of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or
otherwise preclude an agency from conducting training bearing
directly upon the performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none
of the funds provided in this Act, provided by previous
appropriations Acts to the agencies or entities funded in
this Act that remain available for obligation or expenditure
in fiscal year 2016, or provided from any accounts in the
Treasury derived by the collection of fees and available to
the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds
that:
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations
or the table accompanying the explanatory statement
accompanying this Act, whichever is more detailed, unless
prior approval is received from the House and Senate
Committees on Appropriations: Provided, That not later than
60 days after the date of enactment of this Act, each agency
funded by this Act shall submit a report to the House and
Senate Committees on Appropriations to establish the baseline
for application of reprogramming and transfer authorities for
the current fiscal year: Provided further, That the report
shall include:
(A) a table for each appropriation with a separate column
to display the prior year enacted level, the President's
budget request, adjustments made by Congress, adjustments due
to enacted rescissions, if appropriate, and the fiscal year
enacted level;
(B) a delineation in the table for each appropriation and
its respective prior year enacted level by object class and
program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest: Provided further, That the amount appropriated or
limited for salaries and expenses for an agency shall be
reduced by $100,000 per day for each day after the required
date that the report has not been submitted to the House and
Senate Committees on Appropriations.
Sec. 406. Except as otherwise specifically provided by
law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2016 from
appropriations made available for salaries and expenses for
fiscal year 2016 in this Act, shall remain available through
September 30, 2017, for each such account for the purposes
authorized: Provided, That a request shall be submitted to
the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided
further, That these requests shall be made in compliance with
reprogramming guidelines under section 405 of this Act.
Sec. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power
of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section,
public use shall not be construed to include economic
development that primarily benefits private entities:
Provided further, That any use of funds for mass transit,
railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public
(including energy-related, communication-related, water-
related and wastewater-related infrastructure), other
structures designated for use by the general public or which
have other common-carrier or public-utility functions that
serve the general public and are subject to regulation and
oversight by the government, and projects for the removal of
an immediate threat to public health and safety or
brownsfields as defined in the Small Business Liability
Relief and Brownsfield Revitalization Act (Public Law 107-
118) shall be considered a public use for purposes of eminent
domain.
Sec. 408. All Federal agencies and departments that are
funded under this Act shall issue a report to the House and
Senate Committees on Appropriations on all sole-source
contracts by no later than July 30, 2016. Such report shall
include the contractor, the amount of the contract and the
rationale for using a sole-source contract.
Sec. 409. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality
of the United States Government, except pursuant to a
transfer made by, or transfer authority provided in, this Act
or any other appropriations Act.
Sec. 410. None of the funds made available in this Act
shall be available to pay the salary for any person filling a
position, other than a temporary position, formerly held by
an employee who has left to enter the Armed Forces of the
United States and has satisfactorily completed his or her
period of active military or naval service, and has within 90
days after his or her release from such service or from
hospitalization continuing after discharge for a period of
not more than 1 year, made application for restoration to his
or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the
duties of his or her former position and has not been
restored thereto.
Sec. 411. None of the funds made available in this Act may
be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with sections
2 through 4 of the Act of March 3, 1933 (41 U.S.C. 10a-10c,
popularly known as the ``Buy American Act'').
Sec. 412. None of the funds made available in this Act
shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 10a-
10c).
Sec. 413. None of the funds made available in this Act may
be used for first-class airline accommodations in
contravention of sections 301-10.122 and 301-10.123 of title
41, Code of Federal Regulations.
Sec. 414. (a) None of the funds made available in this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code,
or exemption application under section 40109 of that title of
an air carrier already holding an air operators certificate
issued by a country that is party to the U.S.-E.U.-Iceland-
Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-
E.U.-Iceland-Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or
otherwise preclude the Secretary of Transportation from
granting a foreign air carrier permit or an exemption to such
an air carrier where such authorization is consistent with
the U.S.-E.U.-Iceland-Norway Air Transport Agreement and
United States law.
Sec. 415. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more
than 50 employees of a single agency or department of the
United States Government, who are stationed in the United
States, at any single international conference unless the
relevant Secretary reports to the House and Senate Committees
on Appropriations at least 5 days in advance that such
attendance is important to the national interest: Provided,
That for purposes of this section the term ``international
conference'' shall mean a conference occurring outside of the
United States attended by representatives of the United
States Government and of foreign governments, international
organizations, or nongovernmental organizations.
This Act may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2016''.
The PRESIDING OFFICER. The Senator from Maine.
Committee-Reported Amendment Withdrawn
Ms. COLLINS. Mr. President, I ask unanimous consent that the
committee-reported amendment be withdrawn.
The PRESIDING OFFICER. Is there objection?
[[Page S8055]]
Mr. WICKER. Mr. President, reserving the right to object, I
understand that we are moving to consideration of the Transportation
and HUD appropriations bill. Is that correct, Mr. President?
The PRESIDING OFFICER. The Senator is correct.
Mr. WICKER. Reserving the right to object, just for point of
clarification, I am under the assumption that the bill will move under
regular order requiring a 50-vote threshold for all amendments.
I ask, through the Chair, if the Senator from Maine can tell me if I
am operating under the correct assumption.
Ms. COLLINS. Mr. President, I want to assure the Senator from
Mississippi that for germane amendments, regular order will be in
effect.
Mr. WICKER. Mr. President, I thank the Senator for her assurance, and
I withdraw my objection.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is withdrawn.
Amendment No. 2812
(Purpose: In the nature of a substitute)
Ms. COLLINS. Mr. President, I send a substitute amendment to the
desk.
The PRESIDING OFFICER. The clerk will report.
The legislative clerk read as follows:
The Senator from Maine [Ms. Collins] proposes an amendment
numbered 2812.
Ms. COLLINS. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
(The amendment is printed in today's Record under ``Text of
Amendments.'')
Amendment No. 2813 to Amendment No. 2812
Ms. COLLINS. Mr. President, I send a first-degree amendment to the
desk and ask for its immediate consideration.
The PRESIDING OFFICER. Is there objection?
Without objection, it is so ordered.
The clerk will report.
The legislative clerk read as follows:
The Senator from Maine [Ms. Collins] proposes an amendment
numbered 2813 to amendment No. 2812.
Ms. COLLINS. Mr. President, I ask unanimous consent that the reading
of the amendment be dispensed with.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendment is as follows:
(Purpose: To make a technical amendment)
On page 55, line 22, strike ``2015'' and insert ``2016''.
Ms. COLLINS. Mr. President, I am pleased to begin the floor
consideration of the fiscal year 2016 appropriations bill for
Transportation, Housing and Urban Development, and related agencies.
This bill funds programs that are essential to the American people. Our
bill provides $18.5 billion for the Department of Transportation and
$38.5 billion for the Department of Housing and Urban Development to
meet the housing needs of low-income, disabled, and older Americans, to
shelter the homeless and to boost our economy and to create jobs
through much-needed investments in our roads, bridges, seaports,
railroads, transit systems, and airports.
Let me begin my remarks by thanking the chairman of the full
committee, Senator Cochran, and the vice chairman, Senator Mikulski,
for their leadership in advancing these appropriations bills. As
Chairman Cochran has previously noted, this is the first time in 6
years that the Appropriations Committee has approved all 12 of the
funding bills, and I will point out that we did so months ago. I also
wish to thank and acknowledge the hard work of the ranking member of
the subcommittee, Senator Jack Reed. I am very pleased that he is
cosponsoring this legislation and that we are offering these substitute
amendments that have just been filed together. The two of us have
worked very closely in drafting this bill, and we have listened to the
recommendations from Members on both sides of the aisle. Through
considerable negotiation and compromise, we have crafted a bipartisan
bill that targets limited resources to those programs that meet our
most essential transportation and housing needs.
As a result of hard work and compromise by many of our colleagues and
the administration, the recent bipartisan budget bill allows the
legislation before us today to be made even more effective. As I
mentioned, I have offered on behalf of Senator Reed and myself a
substitute that reflects the new allocation made possible by the budget
agreement. This additional funding has allowed for further investments
in key programs, such as increasing the HOME Program by $830 million
for a total of $900 million, increasing the Community Development Block
Grant Program by $100 million for a total of $3 billion. I must note
that those are the current funding levels.
The bill also provides $255 million in additional funds for the FAA's
facilities and equipment account for a total of $2.8 billion, which is
the budget-requested level to ensure that critical aviation programs
are not delayed. These programs offer a wide range of support, from
space-based surveillance, data communications, to everyday basic needs,
ensuring that power systems are fully supplied to support the aviation
and air traffic systems that operate 24 hours, 7 days a week.
We have also allocated an additional $100 million for the TIGER
Program for a total of $600 million for this important and much-in-
demand program that supports infrastructure, economic development, and
job creation throughout the Nation. In fact, every State in the Nation
has benefited from the TIGER Program.
We are bringing the Maritime Security Program up by $24 million for a
total of $210 million to match the recently passed authorized level.
Finally, we are providing an additional $311 million for FTA's
Capital Investment Grants Program, for a total of approximately $1.9
billion, which supports transit systems across the country.
This bill is critical to meeting the vast needs of our Nation's
crumbling infrastructure. We have all heard of the low grades that the
American Association of Civil Engineers has given to our bridges and
highways. Many of us--particularly those of us who represent large
rural States--know about the deplorable conditions of far too many of
our roads and highways and the need for the State departments of
transportation to post bridges that are no longer able to accommodate
weight loads and modern traffic.
The TIGER Program will help us meet the needs of our crumbling
infrastructure. This highly competitive program creates jobs and
supports economic growth in every one of our States. The need for the
program is demonstrated by the statistics. Listen to this, my
colleagues: The Department of Transportation has received 627 eligible
applications requesting more than $10 billion for fiscal year 2015 from
all over the country, but only 39 of those 627 eligible applications
were able to be funded. Only $500 million of the more than $10.1
billion in requested funds could be granted. This is a successful
program with an overwhelming demand, and I am happy that the new
allocation allows us to give it a modest increase. It doesn't begin to
match the application level for this program, which, again, is a
reflection of our infrastructure needs in this country.
Turning to air travel, the aviation investments will continue to
modernize our Nation's air traffic system and help to keep rural
communities connected to the transportation network. These investments
are creating safer skies and a more efficient airspace to move the
flying public.
I have been very troubled by the devastating rail accidents that have
occurred in recent years. In 2013, the runaway train near the Maine
border in the Province of Quebec, Canada, devastated the community of
Lac-Megantic, and the inferno killed 47 people. First responders from
Maine responded to the calls for help from their Canadian counterparts
and helped to put out that terrible fire. More recently, we saw an
Amtrak train in Pennsylvania derail, killing eight passengers. We have
seen case after case of railcars turning over and spilling hazardous
substances. This is a real problem, and it is one this bill addresses.
To improve rail safety, our legislation provides $50 million in new
funding for infrastructure improvements, rail grade crossings, and
positive train control safety technology.
In addition to rail, we have included several important provisions to
enhance truck safety on our Nation's
[[Page S8056]]
highways. For example, our bill requires the Department of
Transportation to finalize a rule mandating electronic logging devices
within 60 days of enactment. This rule is critical to ensuring that bad
actors will not be able to falsify their records. It will bring greater
accountability to the industry. It helps those good truck drivers, the
vast majority of our truck drivers. It separates them from the bad
apples who are falsifying their logs.
The bill also requires the Department of Transportation to publish a
proposed rule on speed governors, which limit the speed at which trucks
can operate. The Department has delayed this important rulemaking 22
times since 2011. It is far past time to get this important safety rule
completed and to implement it. It isn't just the ranking member and I
who think so, this is also supported by the trucking industry itself.
We need to make progress in both the areas of electronic logs and
speed governors, and our bill will ensure that that occurs.
We also provide funding for the Office of Defects Investigation at
the National Highway Traffic Safety Administration to analyze
consumers' complaints and trends related to vehicle safety defects. The
Presiding Officer may recall that this agency came under scrutiny this
past year for failing to discover and act on defective airbags, as well
as faulty ignition safety switches. We must ensure that remedies are
implemented promptly and make certain the public is better informed of
critical defects.
Our bill also provides for critical housing programs. It preserves
existing rental assistance for vulnerable families and individuals, and
it improves the Federal response to the problem of youth homelessness.
Both of these were priorities for me. I wanted to make sure that those
vulnerable, low-income families, our disabled citizens, and low-income
seniors did not lose the subsidized housing to which they are entitled
and in which they are already living. So that is a very important
provision. I would note, when we look at the budget of the Department
of Housing and Urban Development, that more than 83 percent of the
budget is devoted to these programs that are so vital to ensuring safe
and affordable housing for some of the most vulnerable Americans.
Improving the Federal response to homelessness is also an important
priority for me. That is why we placed a special emphasis in this bill
on the growing problem of youth homelessness, and we have funded
additional vouchers for what is known as the VASH Program that is aimed
at our homeless veterans. Sufficient funding is provided to keep pace
with the rising cost of housing vulnerable families. I will note that
doing so this year has been especially challenging, given the
administration's decision to lower mortgage insurance premiums, because
that reduced FHA receipts by nearly $1.1 billion, but despite this
challenge, this bill, by setting priorities, ensures that the more than
4.7 million individuals and families currently housed will not have to
worry about losing their assistance. Again, let me emphasize, without
this assistance, many of these families, many of our disabled
Americans, and many of our low-income seniors could become homeless. We
are preventing that.
The increase in youth homelessness is especially troubling and
warrants more attention. Reflecting this concern, $40 million is
provided to expand efforts to reduce youth homelessness. In addition,
the bill includes funding for more than 2,500 family unification
vouchers to assist our young people who are exiting the foster care
system, and it extends the amount of time these youth can use their
vouchers.
I am sure if the Presiding Officer talked to foster youth in his
State, the situation would be the same as mine. He would find that when
they reach a certain age, they are no longer eligible for care by
foster families and they have nowhere to go. Oftentimes, they end up in
shelters. That is not an acceptable situation. So by expanding these
family unification vouchers, we are hoping to ensure that these youth
are not homeless or forced to live in shelters.
These efforts build on our success in reducing veterans'
homelessness. We have had real success in this area. VASH is a program
that actually works. We have reduced the number of homeless veterans by
one-third, but the job is not done. We have a goal in this country of
ending homelessness among our veterans who have served our country. We
provide an additional 10,000 vouchers for our homeless veterans so we
can complete our work and reach that goal.
Our bill is also an important source for local development. We worked
hard to provide $3 billion for the Community Development Block Grant
Programs. This is an extremely popular program with the States and
communities because it allows them to tailor Federal funds to support
local economic and job creation projects. In fact, in my State, it is
one of the most popular economic development programs--and I think that
is true across America--because it isn't a top-down Federal Government
dictating how the funds are used; instead, there is great flexibility
in providing funds to States and communities, and they decide what is
needed. They match the funds. There is often private sector money
involved as well which may be used to revitalize the downtown to build
affordable housing or whatever that particular community decides will
spur economic development and create jobs. This is a job creation
program, and it is one that is flexible and recognizes that those at
the local and State level know best what their economic development and
job creation priorities are.
The bill before us does not solve all of the problems facing housing
and transportation in this country. We simply do not have the money to
do that, even with the higher allocation, in this era where we are
facing a $17 trillion debt. This is a fiscally responsible bill. It
reflects priorities. We cannot fund every good program out there. We
have to make choices. We certainly don't want to fund programs that are
not effective. We have put our money on our priority programs that will
make a real difference.
I appreciate the opportunity to present our appropriations bill to
this Chamber. Again, I want to thank my ranking member, Senator Jack
Reed, with whom we have worked very closely on the substitute
amendment.
As we begin debate on the Transportation-HUD appropriations bill, I
urge my colleagues to consider the careful balance struck by the
compromise that our subcommittee and our full committee worked so hard
to achieve.
Thank you, Mr. President.
The PRESIDING OFFICER. The Senator from Rhode Island.
Mr. REED. Mr. President, I rise with my colleague Senator Collins in
support of the Transportation, Housing and Urban Development
appropriations bill before us.
I begin first by commending the chairman for her extraordinary work,
her thoughtful, careful consideration of all of these issues, and her
willingness to include priorities of members on both sides. As always,
she did this in a fair, considerate, and transparent manner, along with
the staff who also did a remarkable job. So I thank her for her
leadership and for her consideration.
As a result of the budget agreement, we have a higher allocation--an
allocation that will allow us to make more responsible investments in
key transportation and housing initiatives that will help grow our
economy, create jobs, strengthen neighborhoods, and better meet our
affordable housing goals throughout the country. We need to improve
housing stability for our most vulnerable citizens, and this allocation
will allow us to preserve HUD's housing and homeless assistance
programs, which are vital to our Nation's security and the progress and
opportunity for all of our people.
Over half of HUD's rental assistance goes to support someone who is
elderly or disabled or both, so these programs are particularly
important for seniors and for Americans with disabilities who need the
kind of security that only adequate housing can give. Without these
programs, frankly, many of these individuals would be homeless or
paying more than half of their income in rent alone and, as a result,
unable to support the other basics of life, including food and clothing
and just basically getting around.
Overall, this bill makes important contributions toward improving the
safety of our roads--another area of our responsibility is
transportation--in helping people better connect to jobs and
opportunities. It is often overlooked that housing is critical in every
[[Page S8057]]
aspect, particularly in being able to get and maintain a job, and that
certainly is something we want to encourage. Also, these investments
can serve as a catalyst for economic development, enhancing the
community, preserving community assets, allowing Federal resources to
leverage--many times over, in some cases--private resources and local
resources.
Among the critical transportation investments that this bill provides
is $16 billion to the Federal Aviation Administration, fully funding
the agency's budget request for air traffic control, safety oversight,
and its facilities and equipment. Again, so much of our commercial
activity depends upon a solid aviation infrastructure. We are fully
funding their request, ensuring that they have adequate infrastructure,
particularly when it comes to air traffic control in an age in which
there are technological revolutions, causing them to reinvest
constantly in better equipment and better preparation. For the past 3
years, in fact, maintenance on the agency's basic infrastructure has
been deferred so the air traffic control challenges could be met and
could be fully funded, but that is not a sustainable long-term
strategy. The bill in front of us today, under the leadership of the
chairman, puts the FAA back on track, and we want to keep it on track.
As the chairman has pointed out, in the transportation area, $600
million is allocated for the TIGER Program, which fully funds local
solutions to transportation problems. One of the commendable aspects--
and there are many in this program--is these are localities coming to
the Department of Transportation with specific requests that they know
will help their economy, that will help move people and goods and
services and improve the competitiveness of not only the locality but
the Nation.
In addition to that, $41 billion in highway grants and another $8.6
billion in transit formula grants are allocated that States and local
government rely on every year.
In addition to these provisions, the bill makes strong investments in
Amtrak and rail safety, providing $50 million for rail safety grants
and targeted new investments along the Northeast corridor, which is one
of the major thoroughfares of commerce and travel in our country.
It also allows the Federal Railroad Administration to hire 84 new
inspectors and safety staff to address the safe transportation of
passengers and energy products. We have seen repeated incidents of
tragic accidents caused by outdated equipment and caused by many
factors. We hope that with this legislation, we will not only reduce
them but eliminate them.
We have also seen accidents in the center of the United States, in
the far West, where products were being transported by rail and there
were problems there too. Again, these energy products are necessary for
the whole economy, and we need to be on the job inspecting, to ensure
that they are moving safely through all of our communities.
These investments are necessary. They are necessary for safety, they
are necessary for efficiency, and they are necessary to build the kind
of transportation system that supports jobs and economic growth. I
think most people--and most people back home, certainly--understand the
connection between good infrastructure, good jobs, and a prosperous
economy. They get it, and this legislation gets it also.
At the Department of Housing and Urban Development, the bill makes
important investments in our communities. Again, as the chairman has
pointed out, the Community Development Block Grant Program--CDBG--is an
extraordinarily effective tool for local governments to spur innovation
and economic investment. Again, as the chairman indicated, it comes
from the bottom up, not the top down. It allows mayors and city
councils and local planning agencies that are able to utilize this
money in combination with other resources to fund projects that make
their communities more effective and more efficient. It is based upon
their perspective, not our perspective, and it is a very efficient and
very helpful program. It gives communities the tools to address their
ailing infrastructure problems, and it brings critical services to many
who need them the most.
The legislation also includes additional resources for affordable
housing production through the HOME Program--an investment we know is
necessary as our Nation faces a lack of affordable housing nationwide.
The bill also protects some of our most vulnerable citizens by
providing critical resources to prevent and end homelessness, among
veterans and youth in particular. This bill provides an additional
10,000 vouchers to move us closer to eliminating homelessness among our
Nation's veterans. Just a few days ago we celebrated Veterans Day, but
we can't celebrate it 1 day a year, we have to celebrate it every day.
One way we can do that is to put the resources where they need to be so
every veteran, we hope, can achieve affordable, decent, and safe
housing. In that way, we celebrate their service every day, and this
bill tries to do that. We have already seen success in this regard--
about a 33-percent reduction in veterans' homelessness since 2009--but
it is not good enough. There is still work to be done. That is a
commitment that Senator Collins and I share, and her leadership has
helped us move forward to achieve that objective.
Youth experiences in homelessness is another phenomenon, and the
chairman spoke very eloquently about the fact that we are able to
target resources to help some of these programs for young people to
find homes. In particular, the chairman made the point about young
people who are aging out of foster care. We have a fairly substantial
system to help young people until they reach their adulthood, and after
that it seems to go away. And so with resources we are helping children
through foster homes and suddenly they have to go and they are on their
own. This legislation is going to help them make a transition, at least
to have the housing they need so they can use their skills productively
for the benefit of everyone.
It also helps us improve coordination across the government so that
these young people don't fall through the cracks. Some of it is
resources and some of it is just working together cooperatively in a
governmentwide approach and the legislation helps encourage that.
As I said and as I am repeating what the chairman said so well,
homelessness is a barrier to education, employment, and opportunity. If
you have to move three or four times a year and you are a young child,
your education is going to be very challenging from school to school to
school. If you are a person who doesn't have an address or moves
frequently, how do you get that callback for the job interview if they
can't find you and you can't find them? All of this instability can be
significantly reduced and opportunity better achieved if we have
dependable housing, and that is at the essence of our proposal today.
So it applies to youth, families, and it applies to a whole span of
Americans. Again, let me thank the Senator for her leadership in
crafting this bill. On the whole it achieves a balanced compromise that
responds to the priorities of the Members of this Chamber within the
allocation we received.
We don't have unlimited resources so we had to figure out innovative
ways to deliver better results with what we have, and I think we have
gone a long way in doing that. We also have to continue to look to the
future: making smart investments today that will help us build a much
better tomorrow with a better transportation system, better housing
options and, again, this legislation does that.
As with any legislative proposal, there are aspects of the
legislation that could be improved. I hope we can improve them going
forward. There are provisions, for example, with respect to addressing
the safety of double 33 trailers which already passed the Senate on a
bipartisan basis. Those are issues that we can and must work on to go
forward, but overall this proposal does a great deal to respond to the
needs of the American public.
Again, let me thank the chairman. It has been very challenging, but
it is very enjoyable to work with her. We also have quickly an omnibus
we must prepare. So we are literally going from the floor to meet with
our colleagues, so hopefully we can pull this all together so we will
have the opportunity to present to the full Senate a bill that is
thoughtful and achieves the needs of our people.
[[Page S8058]]
With that, Mr. President, I yield the floor.
The PRESIDING OFFICER. The majority leader.
Unanimous Consent Agreement--Executive Calendar
Mr. McCONNELL. Mr. President, I ask unanimous consent that at 5 p.m.,
on Monday, November 30, the Senate proceed to executive session to
consider the following nomination: Calendar No. 268; that there be 30
minutes of debate equally divided in the usual form; that following the
use or yielding back of time, the Senate vote on the nomination without
intervening action or debate; that following disposition of the
nomination, the motion to reconsider be considered made and laid upon
the table with no intervening action or debate; that no further motions
be in order to the nomination; that any statements related to the
nomination be printed in the Record; that the President be immediately
notified of the Senate's action and the Senate then resume legislative
session.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Maine.
Ms. COLLINS. Mr. President, I just want to make a brief announcement
before yielding to Senator Blunt and Senator Klobuchar, and that is
that we are open for business as far as amendments are concerned.
I would invite my colleagues to start sharing their proposals with
Senator Reed, with me, and with our staffs so we can see if there are
some that can be cleared, and perhaps, later in the day, we can move by
unanimous consent a package of those that are acceptable and
noncontroversial to both sides. The sooner we can get going on the
review of those amendments, the better. I would encourage my colleagues
to proceed.
I thank the Chair, and I yield the floor.
The PRESIDING OFFICER. The Senator from Missouri is recognized.
____________________