[House Report 116-106]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 116-106
======================================================================
DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND URBAN DEVELOPMENT, AND
RELATED AGENCIES APPROPRIATIONS BILL, 2020
_______
June 6, 2019.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Price of North Carolina, from the Committee on Appropriations,
submitted the following
R E P O R T
together with
MINORITY VIEWS
[To accompany H.R. 3163]
The Committee on Appropriations submits the following
report in explanation of the accompanying bill making
appropriations for the Departments of Transportation, Housing
and Urban Development, and related agencies for the fiscal year
ending September 30, 2020.
INDEX TO BILL AND REPORT
_______________________________________________________________________
Page number
Bill Report
Title I--Department of Transportation...................... 2
6
Title II--Department of Housing and Urban Development...... 104
80
Title III--Related Agencies................................ 200
118
Title IV--General Provisions............................... 204
122
Minority Views.............................................
193
PROGRAM, PROJECT, AND ACTIVITY
During fiscal year 2020, for the purposes of the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99-177), as amended, with respect to appropriations contained
in the accompanying bill, the terms ``program, project, and
activity'' (PPA) shall mean any item for which a dollar amount
is contained in appropriations acts (including joint
resolutions providing continuing appropriations) and
accompanying reports of the House and Senate Committees on
Appropriations, or accompanying conference reports and joint
explanatory statements of the committee of conference. This
definition shall apply to all programs for which new budget
(obligational) authority is provided, as well as to
discretionary grants and discretionary grant allocations made
through either bill or report language.
The Committee directs the Departments and agencies funded
by this bill to address each number listed in the reports in
their respective operating plans and warns that efforts to
operate programs at levels contrary to the levels recommended
and directed in these reports would not be advised.
OPERATING PLANS AND REPROGRAMMING GUIDELINES
The Committee includes a provision (Sec. 405) establishing
the authority by which funding available to the agencies funded
by this Act may be reprogrammed for other purposes. The
provision specifically requires the advance approval of the
House and Senate Committees on Appropriations of any proposal
to reprogram funds that:
creates a new program;
eliminates a program, project, or activity
(PPA);
increases funds or personnel for any PPA for
which funds have been denied or restricted by the
Congress;
redirects funds that were directed in such
reports for a specific activity to a different purpose;
augments an existing PPA in excess of
$5,000,000 or 10 percent, whichever is less;
reduces an existing PPA by $5,000,000 or 10
percent, whichever is less; or
creates, reorganizes, or restructures
offices different from the congressional budget
justifications or the table at the end of the Committee
report, whichever is more detailed.
The Committee retains the requirement that each agency
submit an operating plan to the House and Senate Committees on
Appropriations not later than 60 days after enactment of this
Act to establish the baseline for application of reprogramming
and transfer authorities provided in this Act. Specifically,
each agency must provide a table for each appropriation with
columns displaying the budget request; adjustments made by
Congress; adjustments for rescissions, if appropriate; and the
fiscal year enacted level. The table shall delineate the
appropriation both by object class and by PPA. The report also
must identify items of special Congressional interest. In
certain instances, the Committee may direct the agency to
submit a revised operating plan for approval or may direct
changes to the operating plan if the plan is not consistent
with the directives of the conference report and statement of
the managers.
The Committee expects the agencies and bureaus to submit
reprogramming requests in a timely manner and to provide a
thorough explanation of the proposed reallocations, including a
detailed justification of increases and reductions and the
specific impact of proposed changes on the budget request for
the following fiscal year. Any reprogramming request shall
include any out-year budgetary impacts and a separate
accounting of program or mission impacts on estimated carryover
funds. Reprogramming procedures shall apply to funds provided
in this Act, unobligated balances from previous appropriations
Acts that are available for obligation or expenditure in fiscal
year 2020, and non-appropriated resources such as fee
collections that are used to meet program requirements in
fiscal year 2020.
The Committee expects each agency to manage its programs
and activities within the amounts appropriated by Congress. The
Committee reminds agencies that reprogramming requests should
be submitted only in the case of an unforeseeable emergency or
a situation that could not have been anticipated when
formulating the budget request for the current fiscal year.
Except in emergency situations, reprogramming requests should
be submitted no later than June 30, 2020. Further, the
Committee notes that when a Department or agency submits a
reprogramming or transfer request to the Committees on
Appropriations and does not receive identical responses from
the House and Senate, it is the responsibility of the
Department to reconcile the House and Senate differences before
proceeding and, if reconciliation is not possible, to consider
the request to reprogram funds unapproved.
The Committee would also like to clarify that this section
applies to working capital funds of both the Department of
Transportation (DOT) and Department of Housing and Urban
Development (HUD) and that no funds may be obligated from
working capital fund accounts to augment programs, projects, or
activities for which appropriations have been specifically
rejected by the Congress, or to increase funds or personnel for
any PPA above the amounts appropriated by this Act.
CONGRESSIONAL BUDGET JUSTIFICATIONS
Budget justifications are the primary tool used by the
House and Senate Committees on Appropriations to evaluate the
resource requirements and fiscal needs of agencies. The
Committee is aware that the format and presentation of budget
materials is largely left to the agency within presentation
objectives set forth by the Office of Management and Budget
(OMB). In fact, OMB Circular A-11, part 1 specifically
instructs agencies to consult with congressional committees
beforehand. The Committee expects that all agencies funded
under this Act will heed this directive.
The Committee expects all of the budget justifications to
provide the data needed to make appropriate and meaningful
funding decisions. The Committee continues the direction that
justifications submitted with the fiscal year 2021 budget
request by agencies funded under this Act contain the customary
level of detailed data and explanatory statements to support
the appropriations requests at the level of detail contained in
the funding table included at the end of this report. Among
other items, agencies shall provide a detailed discussion of
proposed new initiatives, proposed changes in the agency's
financial plan from prior year enactment, detailed data on all
programs, and comprehensive information on any office or agency
restructurings. At a minimum, each agency must also provide
adequate justification for funding and staffing changes for
each individual office and materials that compare programs,
projects, and activities that are proposed for fiscal year 2021
to the fiscal year 2020 enacted levels.
The Committee is aware that the analytical materials
required for review by the Committee are unique to each agency
in this Act. Therefore, the Committee expects that each agency
will coordinate with the House and Senate Committees on
Appropriations in advance on its planned presentation for its
budget justification materials in support of the fiscal year
2021 budget request.
OTHER MATTERS
The Committee directs each of the Departments and agencies
funded by this Act to identify opportunities to prioritize
resilience, equity, regional efforts, and robust stakeholder
engagement.
Resiliency.--The Committee believes that every new
construction or major rehabilitation project funded by this Act
should be constructed to the most current relevant standards
and that these projects should address the risk of structure
failure or loss of use from natural hazards throughout the
lifetime of the project. As a measure of responsible fiscal
prudence, resilient construction and land management practices
should be integrated into every program funded by this Act.
Performance measures.--The Committee directs each of the
Departments and agencies funded by this Act to comply with
title 31 of the United States Code including the development of
their organizational priority goals and outcomes such as
performance outcome measures, output measures, efficiency
measures, and customer service measures.
Customer service.--The Committee continues to support
efforts to improve customer service in accordance with
Executive Order 13571. The Committee directs all Departments
and agencies funded by this Act to develop standards to improve
customer service and incorporate the standards into the
performance plans required under title 31 of the United States
Code. Further, the Committee recognizes not all Departments and
agencies are subject to Executive Order 13571. For such
Departments and agencies funded by this Act, the Committee
directs the Departments and agencies to make continuous
improvements and adopt best practices for improving customer
service.
Regional councils of government.--The Committee recommends
that all Departments and agencies funded by this Act list
regional councils and councils of governments as eligible
entities in competitions for Federal funding whenever local
governments or non-profit agencies are eligible entities.
Furthermore, it is the desire of the Committee that all
Departments and agencies actively seek opportunities for
regional councils and councils of governments to serve as lead
applicants and grantees in order to encourage and expand
greater regional collaboration. In the competitive grants
process, all Departments and agencies should work with entities
having previous experience with administering Federal funding
that resulted in successful, comprehensive, well-coordinated
outcomes. Further, all Departments and agencies should
encourage regional systems planning and coordination to ensure
more efficient and expeditious development of systems needed to
sustain regional growth, economic prosperity, and global
competitiveness.
Native plant preference.--In undertaking a land management
activity on lands under the jurisdiction of any of the
Departments or agencies funded by this Act, including
maintenance and restoration in response to degradation caused
by human activity or natural events (such as fire, flood, or
infestation), the Committee directs that it be the policy of
the aforementioned agencies that preference shall be made, to
the extent practicable, for the use of locally adapted native
plant materials.
Contracting.--As the largest advertiser in the United
States, the Federal government should work to ensure fair
access to its advertising contracts for small, disadvantaged
businesses and businesses owned by minorities and women. The
Committee directs each Department and agency funded by this Act
to include the following information in its fiscal year 2021
budget justification: expenditures for fiscal year 2019 and
expected expenditures for fiscal year 2021, respectively, for
(1) all contracts for advertising services; and (2) contracts
for the advertising services of all Small Business
Administration-recognized socioeconomic subcategory-certified
small businesses, as defined in the Small Business Act, and
minority-owned businesses.
First aid kit enhancements.--The Committee is aware that
first aid products endorsed by the Department of Defense's
Committee on Tactical Combat Casualty Care (CoTCCC) help reduce
death or trauma as a result of bleeding. To improve outcomes in
crisis situations, the Committee encourages the Departments and
agencies funded by this Act to incorporate CoTCCC supported
dressings in first aid kits.
Targeted investments in impoverished areas.--The Committee
supports targeted investments in impoverished areas,
particularly in persistent poverty counties and in other high-
poverty census tracts. To understand how programs funded
through the Departments and agencies funded by this Act are
serving these particular areas, the Committee directs the
Departments and agencies to submit a report to the House and
Senate Committees on Appropriations on the percentage of funds
allocated by each program in fiscal years 2017, 2018, and 2019
and estimates for fiscal year 2020 to serve populations living
in persistent poverty counties, as defined as a county that has
had 20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses and the most recent Small Area Income and Poverty
estimates, and high-poverty areas, as defined as any census
tract with a poverty rate of at least 20 percent as measured by
the 2013-2017 five-year data series available from the American
Community Survey of the Census Bureau. The Departments and
agencies shall report this information to the Committees within
90 days of such data being available and provide a briefing to
the Committees no later than 180 days of enactment of this Act
on how the Departments and agencies are carrying out this
directive.
Fair access to science and technology research.--The
Committee applauds the progress made by the White House Office
of Science and Technology Policy (OSTP) on the Department and
agency public access plans required by the February 22, 2013
Memorandum on Increasing Access to the Results of Federally
Funded Scientific Research. The Committee understands that 22
Departments and agencies with annual expenditures on research
and development of $100,000,000 or more have completed their
public access plans for increasing access to peer reviewed
scholarly publications and digital data resulting from
Federally funded research. The Committee encourages OSTP to
continue its efforts to coordinate the implementation of public
access policies across all Departments and agencies funded by
this Act and to identify additional opportunities to enhance
access to the results of Federally funded research. The
Committee urges OSTP to report on an annual basis on the
progress of all Departments and agencies funded by this Act in
implementing their public access plans, including relevant
measures of progress, and on additional steps being taken to
improve access to the results of Federally funded research.
MEGABYTE Act.--The Government Accountability Office (GAO)
has repeatedly identified software acquisition and licensing as
high-risk due to significant vulnerabilities to fraud, waste,
abuse, and mismanagement. The Committee notes that HUD received
a failing grade on the most recent Oversight and Government
Reform Committee's Biannual FITARA Scorecard for software
licensing, while DOT has made significant improvements. The
Committee directs the Departments and agencies funded by this
Act to prioritize the management of software licenses,
including inventory and analysis of usage, as required by the
MEGABYTE Act (P.L. 114-210).
Tribal consultation.--The GAO recently completed a review
of Federal agencies' processes for consulting with Indian
tribes and Alaska Native corporations on infrastructure
projects and related activities, such as permitting, which may
impact tribal natural and cultural resources. The Committee
supports strong tribal consultation, and directs the
Departments funded by this Act to prioritize implementing the
GAO recommendations.
TITLE I--DEPARTMENT OF TRANSPORTATION
Office of the Secretary
SALARIES AND EXPENSES
Appropriation, fiscal year 2019....................... $113,910,000
Budget request, fiscal year 2020...................... 117,993,000
Recommended in the bill............................... 113,910,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... -4,083,000
Immediate Office of the Secretary.--The immediate Office of
the Secretary has primary responsibility to provide overall
planning, direction, and control of departmental affairs.
Immediate Office of the Deputy Secretary.--The Office of
the Deputy Secretary has primary responsibility to assist the
Secretary in the overall planning, direction, and control of
departmental affairs. The Deputy Secretary serves as the chief
operating officer of the Department of Transportation.
Office of the General Counsel.--The Office of the General
Counsel provides legal services to the Office of the Secretary
and coordinates and reviews the legal work of the chief
counsels' offices of the operating administrations.
Office of the Under Secretary of Transportation for
Policy.--The Office of the Under Secretary of Transportation
for Policy serves as the Department's chief policy officer, and
is responsible for the coordination and development of
departmental policy and legislative initiatives; international
standards development and harmonization; aviation and other
transportation-related trade negotiations; the performance of
policy and economic analysis; and the execution of the
Essential Air Service program.
Office of the Assistant Secretary for Budget and
Programs.--The Assistant Secretary for Budget and Programs is
responsible for developing, reviewing, and presenting budget
resource requirements for the Department to the Secretary,
Congress, and Office of Management and Budget.
Office of the Assistant Secretary for Governmental
Affairs.--The Office of the Assistant Secretary for
Governmental Affairs is responsible for coordinating all
Congressional, intergovernmental, and consumer activities of
the Department.
Office of the Assistant Secretary for Administration.--The
Office of the Assistant Secretary for Administration serves as
the principal advisor to the Secretary on department-wide
administrative matters and the responsibilities include
leadership in acquisition reform and human capital.
Office of Public Affairs.--The Office of Public Affairs is
responsible for the Department's press releases, articles,
briefing materials, publications, and audio-visual materials.
Executive Secretariat.--The Executive Secretariat assists
the Secretary and Deputy Secretary in carrying out their
responsibilities by controlling and coordinating internal and
external documents.
Office of Intelligence, Security, and Emergency Response.--
The Office of Intelligence, Security, and Emergency Response is
responsible for intelligence, security policy, preparedness,
training and exercises, national security, and operations.
Office of the Chief Information Officer.--The Office of the
Chief Information Officer serves as the principal advisor to
the Secretary on information resources and information systems
management.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $113,910,000 for the
salaries and expenses of the offices comprising the Office of
the Secretary of Transportation. The Committee's recommendation
includes individual funding for each office as has been done in
prior years.
Operating plan.--The Committee directs the Department to
submit an operating plan for fiscal year 2020 signed by the
Secretary for review by the House and Senate Committees on
Appropriations within 60 days of the enactment of this Act. The
operating plan should include funding levels for the various
offices, programs, and initiatives detailed down to the object
class or program element covered in the budget justification
and supporting documents, documents referenced in the House and
Senate reports, and the statement of the managers (i.e. not
simply the activities called out in bill language). Should the
Department create, alter, discontinue, or otherwise change any
program as described in the Department's budget justification,
those changes must be a part of the Department's operating
plan. Finally, the Department shall submit with the operating
plan a summary of the DOT reporting requirements contained in
this Act, the House and Senate reports, and the statement of
the managers. The summary should include Inspector General and
Government Accountability Office reports as well.
Green infrastructure for rail transportation hubs.--The
Committee encourages the Secretary to allow slow green
infrastructure on or near rail transportation hubs to be
eligible for Federal funding administered by the Department.
This includes, but is not limited to, activities that would
increase green space surrounding the structure such as urban
trees, vegetation, and enhanced streetscapes. These elements
not only provide opportunities to mitigate transportation
pollution, improve air quality, and control storm water runoff
but in some cases could also provide or enhance the structure's
security elements and help conserve and reduce the structure's
energy use.
Open skies.--The Committee continues to urge the Department
to take steps to ensure that U.S. airline carriers and their
workers have a fair and equal opportunity to compete in
accordance with open skies agreements with foreign governments.
The Committee notes that DOT worked with the State Department
to reach recent memorandums of agreement with foreign
governments to ensure transparency, accountability, and
enforcement remain important tenets of open skies agreements.
The Committee directs the Department to continue to proactively
work with the State Department to take appropriate action with
any foreign governments where government subsidies have
resulted in market distortion. The Committee directs the
Department to provide regular updates to the Committee on their
activities related to the fair enforcement of open skies
agreements.
3D Elevation Program (3DEP).--3DEP is a national program
managed by the U.S. Geological Survey to acquire high-
resolution elevation data. The Committee understands the use of
3DEP data in infrastructure projects and construction
management could increase safety and reduce costs, with
applications such as spanning route, grade, line-of-sight, and
utility surveys and corridor mapping; terrain and obstruction
identification for aviation; evaluation of geologic, coastal,
and other natural hazards; dam, levee, and coastal-structure
failure modeling and mitigation; hydraulic and hydrologic
modeling; drainage and cut-and-fill issues; and analysis of
vegetation and topographic features. While the Committee
recognizes the Department is an active participant in the 3DEP
Executive Forum, the Committee encourages the Department to
develop an efficient, systematic approach to acquiring
foundational 3DEP data to support the work of all modal
administrations.
Transportation accessibility.--The Committee understands
the Department and some States and metropolitan planning
organizations have undertaken efforts to measure accessibility
or multimodal connectivity, and that more work is needed in
this area. Therefore, the Committee encourages the Secretary,
in coordination with the Federal Highway Administration and
Federal Transit Administration, to review and analyze policies
which could be used by States, metropolitan planning
organizations, transit agencies, and others to improve
accessibility. This review should include the degree to which
transportation systems provide multimodal connections to
economic opportunities, healthcare services, child care
services, education and workforce training services,
particularly for disadvantaged populations, and other services.
The Committee directs the Department to brief the House and
Senate Committees on Appropriations within 120 days of
enactment of this Act on the review and potential
recommendations to achieve accessibility.
Advanced technologies.--The Committee believes the
Department should work with stakeholders to analyze the best
methods to improve infrastructure while implementing next
generation, technologically advanced updates to modernize the
nation's infrastructure. The Committee encourages the
Department to prioritize advanced technology while addressing
infrastructure needs.
Dig once.--The Committee recognizes that the Federal
Highway Administration encourages States to work with service
providers on joint highway and utility planning to help
minimize the excavation of roadways. However, the Committee
believes more work is needed to better coordinate
transportation projects with the installation, upgrade, or
repair of water, broadband, and other utility transmission
lines. The Committee encourages the Department to provide
additional support to recipients of Federal funding to
facilitate communication with public and private utility
providers when planning transportation projects. This should
include providing lessons learned from projects which have
implemented ``dig once'' measures.
Smart cities.--The Committee recognizes the leadership and
support the Department has provided through the Smart City
Challenge Program, which has resulted in community-driven
advanced technology transportation projects. The Committee
encourages the Department to ensure the program reaches a
successful conclusion, and to identify program elements and
characteristics which could be applied to large urban areas and
small or rural communities.
Further, the Committee urges the Department to create
incentives for urban and rural communities to use advanced data
and intelligent transportation systems technologies to improve
their transportation network through existing competitive grant
programs. The Department should engage with local communities,
metropolitan planning organizations, and regional
transportation commissions on these innovative technological
solutions and other ``smart cities'' concepts.
Infrastructure coordinator.--Mexico is the United States'
third largest trading partner. The Committee supports
strengthening coordination between the Department and other
relevant Federal agencies to improve freight infrastructure
development at the southwest border, which is critical to
maintaining this bilateral trade relationship. Therefore, the
Committee directs the Department to work with the General
Services Administration, the Department of Homeland Security,
and other relevant agencies to designate a lead infrastructure
coordinator to facilitate more efficient development of
infrastructure projects and to coordinate with his or her
counterpart in the Mexican government. The Committee directs
the Department to submit a report to the House and Senate
Committees on Appropriations within 60 days of the enactment of
this Act on its efforts in this regard.
National Special Security Events (NSSE).--The President or
Secretary of Homeland Security may designate major Federal
government or public events that are considered to be
nationally significant as National Special Security Events. The
Committee recognizes such events can pose transportation
challenges for the regions that are hosting NSSEs and impact
surrounding areas. While some NSSEs are designated with very
little notice others are designated months or years in advance.
The Committee believes NSSEs represent unique opportunities to
transform and revitalize local and regional transportation
systems, such as public transit, highway, multimodal, and
aviation infrastructure. Therefore, the Committee encourages
the Department to work with local and State governments
preparing to host an NSSE to assess the transportation
improvements and needs associated with the event, and to
provide technical assistance as appropriate.
Value capture.--The Committee recognizes the use of value
capture as a tool for economic development and as a non-Federal
source of funding for transportation infrastructure, such as
transit and passenger rail projects. The Committee encourages
the Department to improve the dissemination of information and
education of guidance on the use of value capture, and to
provide technical assistance as appropriate.
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2019....................... $8,471,000
Budget request, fiscal year 2020...................... 22,000,000
Recommended in the bill............................... 42,948,000
Bill compared with:
Appropriation, fiscal year 2019..................... +34,477,000
Budget request, fiscal year 2020.................... +20,948,000
The Office of the Assistant Secretary for Research and
Technology coordinates, facilitates, and reviews the
Department's research and development programs and activities;
coordinates and develops positioning, navigation, and timing
(PNT) technology; maintains PNT policy, coordination, and
spectrum management; manages the Nationwide Differential Global
Positioning System; and oversees and provides direction to the
Bureau of Transportation Statistics, the Intelligent
Transportation Systems Joint Program Office, the University
Transportation Centers program, the Volpe National
Transportation Systems Center, and the Transportation Safety
Institute.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $42,948,000 for
research and technology activities. The following table
provides funding levels for activities within this account.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Transportation Resilience Metrics - - - $1,000,000
Study..............................
Highly Automated Systems Safety - - - 10,000,000
Center of Excellence...............
University Transportation Centers... - - - 15,000,000
------------------------------------------------------------------------
Transportation resilience metrics study.--The Committee
believes that new construction or major rehabilitation projects
funded by the Department through formula and competitive grant
programs should be constructed to the most current relevant
standards and address the risk of structural failure or loss of
use from natural hazards throughout the lifetime of the
project. To achieve this, additional research is needed to
establish approaches to measuring the resilience of
transportation systems. Therefore, the Committee directs the
Secretary to enter into an agreement with the National
Academies of Sciences, Engineering, and Medicine to conduct a
study through the Transportation Research Board on effective
ways to measure the resilience of transportation systems and
services to natural disasters and hazards. For the purposes of
this study, the Committee urges the Department to take an all-
encompassing view of natural disasters and hazards, including
but not limited to, extreme weather events, hurricanes, floods,
wildfires, heat waves, high winds, and changes in the freeze-
thaw patterns.
Highly Automated Systems Safety Center of Excellence
(COE).--Advanced technologies are rapidly transforming the
national transportation system, and are already critical
components in airplanes, trains, and motor vehicles. In recent
years, multiple fatal accidents have underscored the importance
of validating the safety of new technologies. As automated
technologies become increasingly widespread, the Committee
believes the safety of the traveling public jointly depends on
technology developers, owners and operators, and appropriate
Federal regulations and effective oversight. To ensure
automated technologies are safe and work as intended, the
Department must have a workforce that can review and analyze
complex transportation-based systems. The Committee directs the
Secretary to stand up the Highly Automated Systems Safety COE.
The Highly Automated Systems Safety COE would serve as a
dedicated workforce at the Department with the necessary skills
and expertise in automation and human behavior, including but
not limited to, computer science, machine learning, sensors,
and other technologies to audit, inspect, and certify the
safety of highly automated systems across all modes of
transportation.
University Transportation Centers (UTCs).--The Committee
continues to support UTCs, which are authorized under section
5505 of title 49, United States Code, and funded through the
Federal Highway Administration. The Committee recommendation
provides $15,000,000 to support competitive grants to fund new
Tier I University Transportation Centers. This increase is in
addition to amounts provided for fiscal year 2020 by the Fixing
America's Surface Transportation (FAST) Act (P.L. 114-94).
Natural gas vehicle data.--The Committee encourages the
Department to gather data from States relating to the use of
natural gas in transportation. This should include data on the
number of natural gas vehicles deployed on roads and the amount
of compressed natural gas, liquefied natural gas, and renewable
natural gas sold or distributed for use in transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS
Appropriation, fiscal year 2019....................... $900,000,000
Budget request, fiscal year 2020...................... 1,000,000,000
Recommended in the bill............................... 1,000,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +100,000,000
Budget request, fiscal year 2020.................... - - -
The National Infrastructure Investments program (also known
as BUILD and formerly known as TIGER) was created in the
American Recovery and Reinvestment Act (P.L. 111-5) to provide
grants and credit assistance to State and local governments,
tribal governments, transit agencies, port authorities,
metropolitan planning organizations, or a combination of such
entities to improve the Nation's transportation infrastructure.
Eligible projects include highways and bridges, public
transportation, freight and passenger rail, port
infrastructure, and bicycle and pedestrian improvements. The
National Infrastructure Investments program awards funds on a
competitive basis to projects that will have a significant
local or regional impact.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $1,000,000,000 for
National Infrastructure Investments grants to support
multimodal, multijurisdictional transportation projects that
are more difficult to accomplish through traditional
transportation programs. Key tenets of this program include its
flexibility and the ability for any public entity to apply
directly and not through a State department of transportation
as is the case with many Federal transportation programs. BUILD
also fosters collaboration and leverages non-Federal
investments from private, State, and local sources. The
Committee has consistently heard from communities large and
small on the difference BUILD grants have made in improving
safety, state of good repair, economic competitiveness,
environmental sustainability, and quality of life.
The Committee is concerned that the Department has moved
away from the original intent of the program. In fiscal year
2017, 78 percent of the awards were for road projects while the
remaining 22 percent of awards were spread among transit, rail,
and maritime projects. This preference continued in fiscal year
2018, with 66 percent of awards for road projects. The
Department's prioritization of road projects came at the
expense of transit-related projects, which on average received
about 32 percent of awards between fiscal year 2009 and fiscal
year 2016. This also contradicts the Committee's direction to
invest in a variety of transportation modes. The Committee
strongly reminds the Department that highway and bridge
projects have dedicated funding sources through Highway Trust
Fund formula programs, and directs the Department to refocus
fiscal year 2020 grants on multimodal projects which include
transit, passenger rail, and pedestrian improvements. The
Committee also notes that investments in projects can have
benefits far beyond the project location. For example, projects
in urban areas can provide benefits to rural areas. Therefore,
the Committee directs the Secretary to consider the benefits of
a project to the fullest extent possible and to include all
relevant geographic areas.
The Committee reiterates to the Department and potential
applicants that BUILD grants support a broad variety of
transportation projects including, but also not limited to,
highway, bridge, or road projects; public transportation
projects; passenger and freight rail projects; port
infrastructure improvements; intermodal projects, including
commercial, transit, and intermodal parking garages; bicycle
and pedestrian projects; and multimodal infrastructure. The
Committee also reiterates that applicants from all 50 States,
the District of Columbia, and all U.S. territories are eligible
to apply for BUILD grants, including communities whose
transportation infrastructure supports the readiness of
Department of Defense installations.
Notice of Funding Opportunity (NOFO).--The Committee is
disappointed that the Department's fiscal year 2019 NOFO
incorporates new criteria which the Department will use to
evaluate and award grants. This contradicts the Committee's
direction to consider and award projects based solely on the
selection criteria from the fiscal year 2017 NOFO. The
Committee again directs the Department to use the selection
criteria from the fiscal year 2017 NOFO for fiscal year 2020.
Planning grants.--The Committee also notes with
disappointment that the Department did not award a single
planning grant in fiscal year 2018. The Committee recognizes
that planning support can be critical for communities seeking
to invest in transit, transit-oriented development, and
multimodal projects but often lack the resources or expertise
to adequately plan for such investments. The Committee provided
planning grant funding in fiscal years 2010, 2014, 2018, and
2019. Planning grants awarded in fiscal years 2010 and 2014
have spurred project development and, in turn, construction.
The Committee recommendation requires the Department to award
$35,000,000 in grants for planning, preparation, or design of
projects. Of this amount, $15,000,000 is provided for any
eligible project and applicant with an emphasis on transit,
transit-oriented development, and multimodal projects, and
$20,000,000 is provided for any eligible project for applicants
located in counties and census tracts experiencing persistent
poverty.
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE BUREAU
Appropriation, fiscal year 2019....................... $5,000,000
Budget request, fiscal year 2020...................... 4,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +1,000,000
Authorized under section 9001 of the FAST Act, the National
Surface Transportation and Innovative Finance Bureau
administers and coordinates the Department of Transportation's
existing transportation finance programs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $5,000,000 for the
National Surface Transportation and Innovative Finance Bureau
(Bureau). The Committee rejects the proposal in the budget
request to transfer the Maritime Guaranteed Loan (Title XI)
program from the Maritime Administration to the Bureau. The
Committee recommendation requires the Department to consider
Transportation Infrastructure Finance and Investment Act
(TIFIA) loans to be part of the non-Federal share of the
project costs if the loans are repaid by non-Federal funds.
Transit-oriented development (TOD).--In the FAST Act,
Congress authorized TOD projects as an eligible use for credit
assistance under TIFIA and the Railroad Rehabilitation and
Improvement Financing (RRIF) programs. The Committee is
concerned that despite interest from project sponsors to use
TIFIA or RRIF to support TOD projects, to date the Bureau has
not received a formal application under either program. The
Committee directs the Department to submit a report to the
House and Senate Committees on Appropriations within 90 days of
enactment of this Act summarizing the inquiries DOT has
received on potential TOD projects, including the type of
applicant, potential project, whether the potential project was
seeking assistance through TIFIA or RRIF, if the potential
project was deemed eligible, and the rationale for determining
that the potential project was ineligible. Further, the report
should identify current statutory, regulatory, or
administrative requirements that may be hindering the financing
of TOD projects under TIFIA and RRIF, and any actions the
Department has taken to modify requirements or guidelines to
facilitate financing TOD projects.
FINANCIAL MANAGEMENT CAPITAL
Appropriation, fiscal year 2019....................... $2,000,000
Budget request, fiscal year 2020...................... 2,000,000
Recommended in the bill............................... 2,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
The Financial Management Capital program supports a
multiyear project to upgrade DOT financial systems, processes,
and reporting capabilities.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $2,000,000 for the
Financial Management Capital program.
Digital Accountability and Transparency (DATA) Act.--Within
the amounts provided for this account, funding is included for
necessary expenses to support the Department's activities
related to the implementation of the DATA Act (P.L. 113-101),
which includes changes in business processes, workforce, or
information technology to support high quality, transparent
Federal spending information. Amounts provided should
supplement and not supplant existing DATA Act activities.
CYBER SECURITY INITIATIVES
Appropriation, fiscal year 2019....................... $15,000,000
Budget request, fiscal year 2020...................... 15,000,000
Recommended in the bill............................... 15,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
The Cyber Security Initiatives account is an effort to
close performance gaps in the Department's cyber security. The
account includes support for essential program enhancements,
infrastructure improvements, and contractual resources to
enhance the security of the Department's computer network and
reduce the risk of security breaches.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $15,000,000 to
support the Secretary's Cyber Security Initiatives.
OFFICE OF CIVIL RIGHTS
Appropriation, fiscal year 2019....................... $9,470,000
Budget request, fiscal year 2020...................... 9,000,000
Recommended in the bill............................... 9,470,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +470,000
The Office of Civil Rights is responsible for advising the
Secretary on civil rights and equal opportunity issues, and
ensuring the full implementation of the civil rights laws and
departmental civil rights policies in all official actions and
programs. This office is responsible for enforcing laws and
regulations that prohibit discrimination in Federally operated
and Federally assisted transportation programs and enabling
access to transportation providers. The Office of Civil Rights
also handles all civil rights cases affecting Department of
Transportation employees.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $9,470,000 for the
Office of Civil Rights.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
Appropriation, fiscal year 2019....................... $7,879,000
Budget request, fiscal year 2020...................... 8,000,000
Recommended in the bill............................... 15,879,000
Bill compared with:
Appropriation, fiscal year 2019..................... +8,000,000
Budget request, fiscal year 2020.................... +7,879,000
This appropriation finances research activities and studies
related to the planning, analysis, and information development
used in the formulation of national transportation policies and
plans. It also finances the staff necessary to conduct these
efforts. The overall program is carried out primarily through
contracts with other Federal agencies, educational
institutions, non-profit research organizations, and private
firms.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $15,879,000 for
transportation planning, research, and development activities,
of which $1,000,000 is for the Interagency Infrastructure
Permitting Improvement Center.
Non-traditional and emerging transportation technologies.--
The Committee recognizes the growth and innovation in new
transportation technologies that seek to improve safety,
alleviate congestion and shorten commute times, expand access
and mobility for rural and urban communities, and enable a more
efficient flow of commercial goods. The Committee understands
hyperloop technology is an emerging transportation concept that
has the potential to fulfill some of these objectives. In
December 2018, the Secretary established the Non-Traditional
and Emerging Transportation Technology (NETT) Council to
identify and resolve, where possible, the jurisdictional and
regulatory gaps associated with cross-modal transportation
technologies, such as hyperloop technology, and leverage
expertise from across the Department on safety approaches. The
Committee supports the NETT's focus on safety oversight and
environmental review and directs the NETT to review hyperloop
technology as part of this effort.
The Committee provides $5,000,000 to assist the NETT in
developing and establishing Department-wide processes,
solutions, and best practices for identifying and managing non-
traditional and emerging transportation technologies and
projects, to provide assistance to local and State governments
for non-traditional and emerging technologies, and to conduct
research to better understand the safety and regulatory needs
of these technologies. The funding provided may be used for
dedicated staff for the NETT. Further, the Committee directs
the NETT to conduct a study of the Department's existing
authorities and policies that may apply to hyperloop projects,
and identify any statutory, regulatory, and policy issues that
would preclude the Department from exercising operational
safety oversight over some or all of the features of a
hyperloop transportation system. The NETT shall submit this
report to the House and Senate Committees on Appropriations
within 180 days of enactment of this Act.
Data sharing.--The Department possesses and collects much
information from airports, roads, bridges, and transit
infrastructure networks. However, the systems used to collect
and process this data for insight are not integrated across
asset types. As the Department continues to grow its data, the
Committee believes it needs to organize, share, and analyze
data through enterprise data management, reporting,
visualization, and advanced analytics software to discover
patterns and other information. This will require the
Department to continue to prioritize its management of
information technology (IT) investments, lifecycle data
management capabilities, and software licenses as it
transitions to shared services as part of the
DestinationsDigital program. Therefore, within the amounts
provided for this account, the Committee recommendation
includes funding to support an enterprise IT environment that
will allow the Department to properly analyze the condition of
assets, choose investments that would be most impactful,
accurately report where investments were implemented, measure
the results of the investments, provide data for public
oversight in a modern, completely transparent environment, and
support data driven public policy. The Committee urges the
Department to include the management and modernization of
existing advanced analytics licenses in this work.
Bridges.--The Committee supports the Department's work
through the Long-Term Bridge Performance Research program to
develop models to predict bridge performance, and support
decisions concerning bridge preservation and rehabilitation
investments. Within the amounts provided for this account,
funding is included to develop advanced numerical analysis
methods and artificial-intelligence based prediction tools to
accurately assess the safety and remaining service life of the
Nation's bridges.
Street space utilization.--In anticipation of increased
utilization of transportation network companies and fully
autonomous vehicles, as part of the Department's ongoing
program of research, the Committee encourages the Department to
conduct a study in partnership with States, local governments,
transit agencies, or metropolitan planning organizations, in
consultation with affected businesses and system users, to
identify the most efficient uses of curb space, including pick-
up and drop-off zones for passengers and freight.
WORKING CAPITAL FUND
Limitation, fiscal year 2019.......................... $319,793,000
Budget request, fiscal year 2020...................... n/a
Recommended in the bill............................... 424,901,000
Bill compared with:
Limitation, fiscal year 2019........................ +105,108,000
Budget request, fiscal year 2020.................... n/a
The Working Capital Fund (WCF) was created to provide
common administrative services to the operating administrations
and outside entities that contract for the fund's services. The
WCF operates on a fee-for-service basis and receives no direct
appropriations. It is fully self-sustaining and must achieve
full cost recovery.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation of $424,901,000 on
the Working Capital Fund. The Committee continues to stipulate
that the limitation is only for services provided to the
Department of Transportation, not other entities. Further, the
Committee directs that, as much as possible, services shall be
provided on a competitive basis.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
Appropriation, fiscal year 2019....................... $3,488,000
Budget request, fiscal year 2020...................... 3,000,000
Recommended in the bill............................... 4,646,000
Bill compared with:
Appropriation, fiscal year 2019..................... +1,158,000
Budget request, fiscal year 2020.................... +1,646,000
The Office of Small and Disadvantaged Business Utilization
and Outreach assists small, disadvantaged businesses and
businesses owned by minorities and women in competing for
contracting opportunities with DOT and DOT-funded contracts or
grants for transportation-related projects. The office also
provides technical and financial assistance, bonding education,
training, counseling, and procurement assistance, and
administers DOT's Small Business Transportation Resource Center
program.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $4,646,000 for the
Small and Disadvantaged Business Utilization and Outreach
account. The Committee recognizes that the Department has
merged the Minority Business Resource Center Program with the
Office of Small and Disadvantaged Business Utilization and
Outreach. Therefore, the Committee provides the Office of Small
and Disadvantaged Business Utilization and Outreach the
authority to support loans and other activities that were
previously conducted by the Minority Business Resource Center
Program.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2019....................... $175,000,000
Budget request, fiscal year 2020...................... 125,000,000
Recommended in the bill............................... 175,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +50,000,000
The Essential Air Service (EAS) program provides subsidies
to air carriers to maintain a minimal level of scheduled air
service to small communities that had received air service
prior to Airline Deregulation Act of 1978. Since 1998, the
source of funding for the EAS program has been ``overflight
fees,'' which are charged to carriers for Federal Aviation
Administration navigational and surveillance services for
flights that traverse, but neither take off from nor land in,
the United States.
COMMITTEE RECOMMENDATION
The following table shows the appropriation, overflight
fees, and total program levels for the EAS program.
----------------------------------------------------------------------------------------------------------------
Overflight
Appropriations fees Total
----------------------------------------------------------------------------------------------------------------
FY 2019 Enacted................................................. $175,000,000 $145,400,000 $320,400,000
Request......................................................... 125,000,000 150,500,000 275,500,000
Recommendation.................................................. 175,000,000 150,500,000 325,500,000
----------------------------------------------------------------------------------------------------------------
The Committee directs the Department to utilize all
collected overflight fees and provides an additional
$175,000,000 for this vital link between small communities and
the nation.
ADMINISTRATIVE PROVISIONS--OFFICE OF THE SECRETARY OF TRANSPORTATION
Section 101 prohibits the Office of the Secretary of
Transportation from approving assessments or reimbursable
agreements pertaining to funds appropriated to the operating
administrations in this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Section 102 requires the Secretary to post on the internet
a schedule of all Council on Credit and Finance meetings,
agendas, and meeting minutes.
Section 103 allows the Department of Transportation Working
Capital Fund to provide payments in advance to vendors for the
Federal transit pass fringe benefit program and to provide full
or partial payments to, and to accept reimbursements from,
Federal agencies for transit benefit distribution services.
Section 104 provides an additional $2,052,000 to the
Salaries and Expenses account on the date on which the
Secretary announces the selection of projects to receive awards
for certain competitive grant programs funded in fiscal years
2017 and 2018.
Section 105 provides $1,000,000 from the Research and
Technology account for the Secretary to enter into an
arrangement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study through the
Transportation Research Board on effective ways to measure the
resilience of transportation systems and services to natural
disasters and hazards.
Section 106 provides $10,000,000 from the Research and
Technology account to establish the Highly Automated Systems
Safety Center of Excellence.
Federal Aviation Administration
The Federal Aviation Administration (FAA) is responsible
for the safety of civil aviation, navigation and surveillance,
and airports. The Federal government's regulatory role in civil
aviation dates back 1926. When the Department of Transportation
began its operations in 1967, the FAA became one of several
modal administrations within the department. FAA's mission
expanded in 1995 with the transfer of the Office of Commercial
Space Transportation from the Office of the Secretary and
contracted in December 2001 with the transfer of civil aviation
security activities to the new Transportation Security
Administration.
NextGen.--The Committee places a high priority on Next
Generation of Air Traffic Control (NextGen) programs and
provides resources in the operations, facilities and equipment,
and research evaluation and demonstration accounts to modernize
air traffic control along with private sector stakeholders.
NextGen Advisory Committee.--The NextGen Advisory Committee
(NAC) includes an appropriate mix of the aviation community,
including representatives from general aviation, commercial
aviation, labor organizations, airports, local community
representatives, and the Federal government. The Committee
supports the current diverse NAC membership and believes that
the NAC performs an important role in setting priorities for
the FAA's air traffic control modernization efforts. The
Committee encourages the FAA to implement NAC recommendations
and directs the FAA to provide an annual update on the status
of NAC recommendations to the House and Senate Committees on
Appropriations.
OPERATIONS
(AIRPORT AND AIRWAYS TRUST FUND)
Appropriation, fiscal year 2019....................... $10,410,758,000
Budget request, fiscal year........................... 10,340,000,000
Recommended in the bill............................... 10,677,758,000
Bill compared with:
Appropriation, fiscal year 2019..................... +267,000,000
Budget request, fiscal year 2020.................... +337,758,000
This appropriation provides funds for the operation,
maintenance, communications, and logistical support of the air
traffic control and air navigation systems. It also covers
administrative and managerial costs for the FAA's regulatory,
international, medical, engineering and development programs as
well as policy oversight and overall management functions.
The operations appropriation includes the following major
activities: (1) operation on a 24-hour daily basis of a
national air traffic system; (2) establishment and maintenance
of a national system of aids to navigation; (3) establishment
and surveillance of civil air regulations to ensure safety in
aviation; (4) development of standards, rules and regulations
governing the physical fitness of airmen, as well as the
administration of an aviation medical research program; (5)
administration of the acquisition, and research and development
programs; (6) headquarters, administration, and other staff
offices; and (7) development, printing, and distribution of
aeronautical charts used by the flying public.
COMMITTEE RECOMMENDATION
The following table shows a comparison of the budget
request and the Committee recommendation by budget activity:
------------------------------------------------------------------------
FAA Operations Activities Request Recommendation
------------------------------------------------------------------------
Air Traffic Organization.............. $7,777,357,000 $7,841,720,000
Aviation Safety....................... 1,327,779,000 1,603,969,000
Commercial Space Transportation....... 25,598,000 24,949,000
Finance and Management................ 784,832,000 816,398,000
NextGen and Operations Planning....... 60,145,000 61,258,000
Security and Hazardous Materials 117,694,000 114,165,000
Safety...............................
Staff offices......................... 246,595,000 215,299,000
---------------------------------
Total............................. 10,340,000,000 10,677,758,000
------------------------------------------------------------------------
TRUST FUND SHARE OF FAA BUDGET
The bill derives $9,833,400,000 of the total operations
appropriation from the Airport and Airway Trust Fund. The
balance of the appropriation will be drawn from the general
fund of the Treasury.
Aviation safety.--The Committee provides $1,603,969,000 for
the core mission of the FAA--safety. Establishing and enforcing
the safety standards for every product, person, and process in
the national airspace system is the exclusive jurisdiction of
the FAA. The Committee supports the FAA's role as both a
national regulator and international leader in safety
oversight.
The Committee expects the multiple, on-going reviews of the
certification process to result in the need for greater
technical competency at the FAA and deep, substantive responses
to the recommendations from these reviews; the Committee
provides resources accordingly. The Committee also supports the
augmentation of aviation safety inspectors, aviation safety
technicians, aerospace engineers, operations research analysts,
and medical officers to conduct investigations and audits of
airlines, manufacturers, and pilots as a form of accident
prevention.
Incorporating a ``safety first'' approach into the FAA and
its operations is essential and takes precedence over the
commercial success of any technology, manufacturer, carrier, or
airport.
Additive manufactured continued airworthiness.--The
Committee is encouraged by the potential impact that stitched
resin composites and large volume additive manufactured
discontinuous fiber reinforced composites can have on the
aviation industry. The Committee urges FAA to evaluate the
material for airworthiness certification and inspection, using
destructive and non-destructive testing approaches, while
ensuring the safety of using these materials in the aviation
industry.
Aircraft accessibility.--The Committee notes the air
travel-related challenges for disabled and paralyzed Americans,
including damaged assistive devices, delayed assistance, and
lack of seating accommodations. Therefore, the Committee
encourages the Secretary of Transportation and Administrator of
the FAA to work diligently on requirements in the FAA
Reauthorization Act (P.L. 115-254) to address the concerns of
aviation consumers with disabilities.
Aircraft certification service.--The Committee
recommendation includes no less than $240,720,000 for the
Aircraft Certification Service.
Allergic reactions aboard aircraft.--The fiscal years 2017,
2018, and 2019 reports directed the FAA to review its policies
concerning severe allergic reactions aboard aircraft and submit
a report within 90 days of enactment of these Acts, detailing
the documentation requirements for airlines when an incident of
allergic reaction occurs, the data definition and standards for
such a document, and the number of documented incidents that
occurred in the past year. The Committee has yet to receive
this report. The FAA is directed to submit this report to the
House and Senate Committees on Appropriations within 30 days of
enactment of this Act, updated with the most recent data
including fiscal years 2017, 2018, and 2019.
Aviation professionals.--The Committee supports increasing
the strength and number of aviation professionals who are well-
trained and can be relied upon to make air travel safe and
efficient. To that end, the Committee provides $5,000,000 for
the aviation maintenance technician development program and
$5,000,000 for aviation workforce development program.
In order to improve safety oversight, the Committee further
supports efforts by the FAA to review and revise its safety
workforce training strategy and by the Government
Accountability Office to assess the FAA Office of Aviation
Safety in accordance with sections 231 and 232 of the FAA
Reauthorization Act (P.L. 115-254), respectively.
Commercial space licensing.--The Committee supports the
Department of Transportation and the FAA in their efforts to
move forward in reforming, streamlining, and reducing reporting
requirements and timelines for the licensing of U.S. commercial
launch services providers as they seek to leverage their
innovative and rapid-response launch solutions to support U.S.
launch needs and priorities.
Contract tower program.--The Committee recommendation
includes $169,000,000 for the contract tower program, including
the contract tower cost share program. The Committee continues
to strongly support the FAA contract tower program as a cost-
effective and efficient way to provide air traffic control
services to smaller airports across the country. The Committee
expects FAA to continue to operate the 256 contract towers
currently in the program, annualize funding for towers that
will be added in 2019, and provide full-year funding for new
airports expected to be added to the program in fiscal year
2020.
Emergency preparedness.--The Committee directs the FAA to
work with airport sponsors and other Federal, State and local
agencies to help plan for emergency preparedness and response,
including planning for what spaces on the airport might be
available for staging and storing equipment. Additionally, the
Committee directs the FAA to provide a briefing on feasibility,
benefits, and risk associated with developing consolidated
emergency command centers.
Emergency service heliports.--Accurate heliport data is
needed for accurate navigation charting for ingress and egress
to medical centers and other landing locations. The Committee
directs the FAA to develop a national data standard to design
and chart airspace in order to identify potential hazards and
develop flight procedures for helicopter pilots, especially for
helicopter air ambulance procedures.
Field and regional offices.--The Committee strongly
supports FAA field and regional offices. These offices are the
workhorses of FAA, providing leadership and expertise to solve
a wide range of local safety, planning, operational, research,
permit, infrastructure, and engineering problems with State and
local stakeholders. The Committee encourages the FAA to operate
efficiently and effectively, but requires the FAA to follow
reprogramming procedures and seek approval from the Committee
before closing, opening, redesignating, or reorganizing field
or regional offices.
Human Intervention Motivation Study and the Flight
Attendant Drug and Alcohol Program.--The Committee recognizes
the effectiveness of the Human Intervention Motivation Study
(HIMS) and the Flight Attendant Drug and Alcohol Program
(FADAP) in mitigating drug and alcohol misuse through a peer
identification and intervention program. The Committee
recommends that the FAA continue to prioritize this program and
urges the FAA to continue this program from within available
resources.
Las Vegas Metroplex.--The Committee commends the FAA for
its efforts to redesign the Las Vegas Metroplex through new
performance based navigation procedures and the better
utilization of time based flow management. The Committee
encourages the FAA to dedicate all appropriate resources to
this project to ensure its timely completion.
Lunar exploration.--The Committee notes the possible value
of using the payload and lifting capabilities of the Space
Launch System and encourages the FAA to continue to facilitate
lunar exploration and development.
Noise.--The Committee shares the concerns of communities
affected by aircraft noise and urges the FAA to respond fully
and completely to the requirements in the FAA Reauthorization
Act (P.L. 115-254) pertaining to noise reduction. Among these
requirements are a study on jet aircraft approach and takeoff
speeds, a review of how and when to engage airports and
communities in performance-based navigation proposals, updating
airport noise exposure maps, and a study on the potential
health and economic impact of overflight noise. Without
deferring any safety-related projects, the FAA should evaluate
alternative metrics to the current Day Night Level (DNL) 65
standard, enter into an agreement with an institution of higher
education to conduct a study on the health impacts of aircraft
noise exposure, deploy recently hired regional ombudsmen into
communities, and make noise data as widely and publicly
available as practical.
Pets.--The Committee directs the Administrator to encourage
airports to provide a designated area for animals traveling
with their owners to relieve themselves and to remind carriers
that it is unlawful to place a live animal in an overhead
storage compartment of an aircraft.
Special issuance for pilot medical certification.--
Consistent with a 2018 opinion from the U.S. Court of Appeals
for the District of Columbia Circuit, the FAA should develop an
evidence-based framework to allow for the special issuance of
first- or second-class medical certification for pilots with
insulin-treated diabetes. The Committee directs the FAA to
report to the House and Senate Committees on Appropriations not
later than 90 days after enactment of this Act on actions,
taken or planned, for completing such a framework.
Unfinished rulemakings.--The Committee notes that the FAA
has not met the statutory deadlines to comply with either
section 308 of P.L. 112-95, which requires the FAA to develop a
safety assessment system for part 145 air repair stations, or
section 335(a) of P.L. 115-254, which requires the FAA to
update a rule related to flight attendant duty period
limitations and rest requirements. The Committee directs the
FAA to report every 30 days after enactment of this Act to the
House and Senate Committees on Appropriations; the Senate
Committee on Commerce, Science, and Transportation; and House
Committee on Transportation and Infrastructure on actions taken
and planned to promulgate final rules.
Unmanned Aircraft Systems (UAS) integration and advanced
operations.--The Committee is pleased with the recent progress
that FAA has made to safely and efficiently integrate UAS in
the national airspace system and enable advanced operations,
such as the publication of long-awaited rulemakings. The
Committee encourages the FAA to reduce the time to process Part
107 operational waivers, use the data from the UAS Integration
Pilot Program to develop more complex UAS operations, and
continue development of the unmanned traffic management
network.
Workforce diversity.--The Committee supports the efforts of
the FAA to increase diversity in hiring, retention, and
promotion within its workforce, including the allocation of
funds to continue and expand its recruitment programs,
professional development activities, and outreach efforts. To
further those goals, the Committee provides $5,000,000 for the
Minority Serving Institutions internship program, which
provides students from Historically Black Colleges and
Universities, Hispanic Serving Institutions, students attending
a college or university with a high percentage of Asian
American and Pacific Islanders, Tribal Colleges and
Universities, and Students with Disabilities the opportunity to
participate in internship opportunities. The Committee also
supports the Women in Aviation Advisory Board required by the
FAA Reauthorization Act (P.L. 115-254) and looks forward to its
recommendations.
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAYS TRUST FUND)
Appropriation, fiscal year 2019....................... $3,000,000,000
Budget request, fiscal year 2020...................... 3,295,000,000
Recommended in the bill............................... 3,000,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... -295,000,000
The Facilities and Equipment (F&E) account is the principal
means for modernizing and improving air traffic control and
airway facilities. The appropriation also finances major
capital investments required by other agency programs,
experimental research and development facilities, and other
improvements to enhance the safety and capacity of the airspace
system.
COMMITTEE RECOMMENDATION
The following table provides funding levels for specific
facilities and equipment activities and budget line items. The
Committee provides the FAA with additional flexibility to fund
the programs and activities that improve the safety of the
National Airspace System, but directs the FAA to submit to the
House and Senate Committees on Appropriations a detailed spend
plan for the funds made available by this account not later
than 60 days after enactment of this Act. The spend plan shall
include, as applicable, a comparison between the congressional
budget justification funding levels, the most recent
congressional directives or approved funding levels, and the
funding levels proposed by the FAA. If the proposed level is
less than or greater than the funding levels in the
congressional budget justification, then the FAA shall provide
a clear and concise justification, subject to the reprogramming
requirements of section 405 of this Act.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Activity 1--Engineering, Development,
Test and Evaluation:
William J. Hughes Technical Center $20,000,000 $25,000,000
Laboratory Sustainment...........
William J. Hughes Technical Center 15,000,000 30,000,000
Infrastructure Sustainment.......
NextGen Support Portfolio......... 13,000,000 13,000,000
Unmanned Aircraft Systems (UAS)... 68,400,000 68,400,000
Enterprise, Concept Development, 32,000,000 32,000,000
Human Factors, & Demonstrations
Portfolio........................
Other Activity 1.................. 129,400,000 125,450,000
=================================
TOTAL ACTIVITY 1.............. 277,800,000 293,850,000
Activity 2--Air Traffic Control
Facilities and Equipment:
a. En Route Programs:
En Route Automation Modernization 105,950,000 105,950,000
(ERAM)--System Enhancements and
Tech Refresh.....................
Air Route Traffic Control Center 96,900,000 96,900,000
(ARTCC) & Combined Control
Facility (CCF) Building
Improvements.....................
Air Traffic Control En Route Radar 5,300,000 5,300,000
Facilities Improvements..........
Next Generation Very High 50,000,000 70,000,000
Frequency Air/Ground
Communications (NEXCOM)..........
System-Wide Information Management 100,950,000 78,125,000
ADS-B NAS Wide Implementation..... 174,400,000 174,400,000
Time Based Flow Management 30,700,000 30,700,000
Portfolio........................
Data Communications in Support of 136,248,013 136,250,000
NG Air Transportation System.....
Reduced Oceanic Separation........ 32,300,000 35,000,000
Commercial Space Integration...... 33,000,000 33,000,000
Other En Route programs........... 148,700,000 118,000,000
---------------------------------
Subtotal En Route Programs.... 914,448,013 883,625,000
b. Terminal Programs:
Standard Terminal Automation 41,300,000 41,300,000
Replacement System (STARS) (TAMR
Phase 1).........................
Terminal Automation Program....... 6,500,000 6,500,000
Terminal Air Traffic Control 24,325,987 24,400,000
Facilities--Replace..............
ATCT/Terminal Radar Approach 96,200,000 96,200,000
Control (TRACON) Facilities--
Improve..........................
NAS Facilities OSHA and 40,400,000 41,900,000
Environmental Standards
Compliance.......................
Terminal Flight Data Manager 135,450,000 135,450,000
(TFDM)...........................
Performance Based Navigation & 5,000,000 5,000,000
Metroplex Portfolio..............
Other Terminal programs........... 271,250,000 37,600,000
---------------------------------
Subtotal Terminal Programs.... 620,425,987 388,350,000
c. Flight Service Programs:
Aviation Surface Observation 4,000,000 4,000,000
System (ASOS)....................
Weather Camera Program............ ............... 1,100,000
Other Flight Service programs..... 22,850,000 18,300,000
---------------------------------
Subtotal Flight Service 26,850,000 23,400,000
Programs.....................
d. Landing and Navigational Aids
Program:
VHF Omnidirectional Radio Range 18,000,000 18,000,000
(VOR) Minimum Operating Network
(MON)............................
Wide Area Augmentation System 90,000,000 90,000,000
(WAAS) for GPS...................
Runway Safety Areas--Navigational 1,400,000 1,400,000
Mitigation.......................
Other Landing and Navigational 49,345,000 40,722,500
Aids programs....................
---------------------------------
Subtotal Landing and Navigational 158,745,000 150,122,500
Aids Programs....................
e. Other ATC Facilities Programs:
Fuel Storage Tank Replacement and 26,400,000 26,400,000
Management.......................
Electrical Power Systems--Sustain/ 150,000,000 140,700,000
Support..........................
Child Care Center Sustainment..... 1,500,000 1,500,000
Other ATC Facilities programs..... 153,000,000 145,450,000
---------------------------------
Subtotal Other ATC Facilities 330,900,000 314,050,000
Programs.....................
=================================
TOTAL ACTIVITY 2.......... 2,051,369,000 1,759,547,500
Activity 3--Non-Air Traffic Control
Facilities and Equipment:
a. Support Equipment:
Hazardous Materials Management.... 20,000,000 20,000,000
Aviation Safety Analysis System 19,700,000 19,700,000
(ASAS)...........................
Facility Security Risk Management. 15,100,000 15,100,000
Information Security.............. 33,300,000 33,300,000
System Approach for Safety 23,100,000 23,100,000
Oversight (SASO).................
Aviation Safety Knowledge 5,300,000 5,300,000
Management Environment (ASKME)...
Other Support Equipment........... 67,900,000 62,600,000
---------------------------------
Subtotal Support Equipment.... 184,400,000 179,100,000
b. Training, Equipment and Facilities. 19,000,000 15,000,000
=================================
TOTAL ACTIVITY 3.......... 203,400,000 194,100,000
TOTAL ACTIVITY 4-- 237,700,000 235,300,000
Facilities and Equipment
Mission Support..........
TOTAL ACTIVITY 5-- 524,730,000 517,202,500
Personnel and Related
Expenses.................
=================================
TOTAL, ALL ACTIVITIES..... 3,295,000,000 3,000,000,000
------------------------------------------------------------------------
Air traffic control towers.--The Committee is concerned by
outdated technology being used in air traffic control towers
and believes the FAA should deploy the most up-to-date
technology as rapidly as operational safety allows. Replacing
outdated technology should increase the safety and efficiency
of all travelers, airports, and carriers.
Aviation Safety Information Analysis and Sharing.--The
Committee commends the FAA for the collaborative, government-
industry Aviation Safety Information Analysis and Sharing
(ASIAS) whose mission is to proactively discover and mitigate
emerging safety issues, before they result in an incident or
accident. The Committee appreciates this collaborative
initiative that has resulted in the implementation of safety
enhancements that have improved our nation's aviation safety.
The Committee directs the FAA to keep the House and Senate
Committees on Appropriations apprised on the status of ASIAS
capability acceleration.
Procurement.--Consistent with the Acquisition Management
System (AMS), the Committee directs the FAA to promote a
competitive contracting environment to achieve the best value
for taxpayers. When competition is restricted, the FAA loses
opportunities not only to obtain lower prices but also to
acquire technologies or business solutions that could increase
safety, productivity, and effectiveness. Preference should be
given to using commercial and previously developed items
whenever possible. Development of a product, and its associated
costs and risks, should be avoided unless necessary to meet FAA
needs. If developmental items are required, the need should be
documented in the procurement plan.
Reduced oceanic separation.--The recommendation includes
$35,000,000 for reduced oceanic separation to enable reduced
separation in oceanic traffic, enable new air routes which will
increase airspace capacity, and reduce time for search and
rescue missions.
Remote towers.--Consistent with section 161 of the FAA
Reauthorization Act of 2018, the Committee encourages the FAA
to use remote tower technology as a means to enhance safety,
reduce costs, and expand air traffic control services at rural
and small community airports.
Technology refresh.--The Committee supports FAA efforts to
modernize and enhance information technology and systems. Once
deployed, these systems, including the existing integrated
control and monitoring system, need to be continuously
monitored for performance and periodically refreshed to
preserve their capabilities. The Committee encourages the FAA
to incorporate and budget for regular refresh cycles into their
information technology practices, which will ready the FAA to
leverage new architecture models and technology, such as cloud
computing and artificial intelligence.
The VHF Omnidirectional Radio Range (VOR) Minimum
Operational Network (MON) system is designed to support
conventional navigation procedures, providing redundancy which
is the centerpiece of safety. The Committee assumes it would be
cost-effective to maintain it by using experienced technicians,
including current FAA employees, familiar with this legacy
technology.
Workplace safety.--The Committee is concerned that there
are some contract towers that are more than 40 years of age,
are non-compliant with Occupational Safety and Health
Administration standards, and have line of sight issues that
threaten air traffic control and passenger safety. The
Committee looks forward to the assessments of these towers
required last year.
RESEARCH, ENGINEERING AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
Appropriation, fiscal year 2019......................... $191,100,000
Budget request, fiscal year 2020........................ 120,000,000
Recommended in the bill................................. 191,100,000
Bill compared with:
Appropriation, fiscal year 2019....................... - - -
Budget request, fiscal year 2020...................... +71,100,000
This appropriation provides funding for long-term research,
engineering, and development programs to improve the air
traffic control system and to raise the level of aviation
safety, as authorized by the Airport and Airway Improvement Act
and the Federal Aviation Act. The appropriation also finances
the research, engineering, and development needed to establish
or modify Federal air regulations.
COMMITTEE RECOMMENDATION
The following table provides funding levels for specific
research, engineering, and development programs. The Committee
provides the FAA with additional flexibility to fund the
programs that improve the safety of the National Airspace
System, but directs the FAA to submit to the House and Senate
Committees on Appropriations a detailed spend plan for the
funds made available by this account not later than 60 days
after enactment of this Act. The spend plan shall include, as
applicable, a comparison between the congressional budget
justification funding levels, the most recent congressional
directives or approved funding levels, and the funding levels
proposed by the FAA. If the proposed level is less than or
greater than the funding levels in the congressional budget
justification, then the FAA shall provide a clear and concise
justification, subject to the reprogramming requirements of
section 405 of this Act.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Safety:
Fire Research and Safety.......... $7,562,000 $7,562,000
Advanced Materials/Structural 1,799,000 15,000,000
Safety...........................
Aircraft Icing /Digital System 7,450,000 9,300,000
Safety...........................
Continued Airworthiness........... 10,006,000 11,300,000
Aircraft Catastrophic Failure ............... 1,565,000
Prevention Research..............
Flightdeck/Maintenance/System 5,973,000 7,300,000
Integration Human Factors........
System Safety Management.......... 4,309,000 5,500,000
Air Traffic Control/Technical 5,474,000 5,474,000
Operations Human Factors.........
Unmanned Aircraft Systems Research 7,546,000 25,000,000
Alternative Fuels for General ............... 1,900,000
Aviation.........................
Commercial Space.................. 5,971,000 5,971,000
NextGen--Air Ground Integration 1,717,000 5,800,000
Human Factors....................
NextGen--Information Security..... 2,675,000 2,675,000
Other Safety...................... 26,339,000 31,227,000
---------------------------------
Total Safety.................. 86,821,000 135,574,000
Reduce Environmental Impacts:
Environment and Energy............ 15,103,000 18,500,000
NextGen--Environmental Research-- 12,500,000 29,600,000
Aircraft Technologies, Fuels, and
Metrics..........................
---------------------------------
Total Reduce Environmental 27,603,000 48,100,000
Impacts......................
Mission Support:
System Planning and Resource 2,717,000 2,426,000
Management.......................
William J. Hughes Technical Center 2,859,000 5,000,000
Laboratory Facility..............
---------------------------------
Total Mission Support......... 5,576,000 7,426,000
=================================
TOTAL..................... 120,000,000 191,100,000
------------------------------------------------------------------------
Counter-unmanned aircraft systems.--In accordance with
section 383 of the FAA Reauthorization Act (P.L. 115-254), the
Committee supports the coordination among the FAA, Departments
of Defense and Homeland Security, and other relevant Federal
agencies to ensure that the detection and mitigation of
potential risks posed by errant or hostile unmanned aircraft
does not adversely impact or interfere with safe airport
operations, navigation, air traffic services, or the safe and
efficient operation of the national airspace system. The
Committee directs the FAA to provide regular updates to the
House and Senate Committees on Appropriations on their
activities related to counter unmanned aircraft research,
capabilities, and coordination.
Crew complements.--The presence of two well-trained,
qualified pilots in commercial aircraft is another example of
safety through redundancy. Funds made available in this Act to
study alternative crew complements for flight decks in
commercial operations should prioritize the safety effects
relative to two-person flights. This direction is not intended
to limit FAA's research and development activities related to
unmanned aerial vehicles.
Wind Turbine-Radar Interference Mitigation Working Group.--
The FAA is a member of the Wind Turbine-Radar Interference
Mitigation Working Group, which also includes the Departments
of Defense and Energy and the National Oceanic and Atmospheric
Administration. This collaborative work is expected to be
completed in 2025. The Committee encourages the working group,
including the FAA, to complete the work as expeditiously as
possible and provide periodic updates to the Committee.
Low Altitude Authorization and Notification Capability.--
The Committee is pleased that cooperation between the FAA and
industry partners towards the Low Altitude Authorization and
Notification Capability (LAANC) program has safely and
efficiently opened more airspace to UAS innovation. The LAANC
program is making progress towards an unmanned traffic
management system. The Committee supports the continuation and
extension of the LAANC program.
NextGen, Environmental Research-Aircraft Technologies,
Fuels, and Metrics.--The recommendation includes $29,600,000
for NextGen, Environmental Research-Aircraft Technologies,
Fuels, and Metrics to reduce aviation noise and exhaust
emissions and to increase energy efficiency. This program
utilizes the Center of Excellence to discover, analyze, and
develop science-based solutions to the energy and environmental
challenges facing the aviation industry.
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFERS OF FUNDS)
Appropriation, fiscal year 2019................... $3,350,000,000
Budget request, fiscal year 2020.................. 3,350,000,000
Recommended in the bill........................... 3,350,000,000
Bill compared with:
Appropriation, fiscal year 2019................. - - -
Budget request, fiscal year 2020................ - - -
This funding provides grants for airport planning and
development, noise compatibility and planning, the military
airport program, reliever airports, airport program
administration, and other authorized activities.
REPORT RECOMMENDATION
Airport technology research.--The Committee recommendation
includes a minimum of $33,210,000 for the FAA's airport
technology research program to conduct research on topics such
as concrete and asphalt airport pavement in accordance with
section 744 of the FAA Reauthorization Act (P.L. 115-254);
airport marking and lighting; airport rescue and firefighting;
airport planning and design; wildlife hazard mitigation; and
visual guidance.
Noise and environment.--The Committee directs the
Administrator to ensure the availability of funds to implement
the Environmental Mitigation Pilot Program and the series of
studies and reports on aircraft noise in accordance with the
Airport Noise and Environmental Streamlining subtitle of the
FAA Reauthorization Act (P.L. 115-254).
GRANTS-IN-AID FOR AIRPORTS
Appropriation, fiscal year 2019....................... $500,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 500,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +500,000,000
The Committee recommendation includes $500,000,000 in
discretionary funding for additional grants for airport
infrastructure. These grants are to be awarded on a competitive
basis for all airport sizes.
ADMINISTRATIVE PROVISIONS--FEDERAL AVIATION ADMINISTRATION
Section 110 limits the number of technical work years at
the Center for Advanced Aviation Systems Development to 600.
Section 111 prohibits FAA from requiring airport sponsors
to provide the agency `without cost' building construction,
maintenance, utilities and expenses, or space in sponsor-owned
buildings, except in the case of certain specified exceptions.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits FAA from paying Sunday premium pay,
except in those cases where the individual actually worked on a
Sunday.
Section 115 prohibits FAA from using funds to purchase
store gift cards or gift certificates through a government-
issued credit card.
Section 116 requires approval from the Deputy Assistant
Secretary for Administration of the Department of
Transportation for retention bonuses for any FAA employee.
Section 117 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
Aircraft Situational Display to Industry program, upon the
request of an owner or operator.
Section 118 limits the number of FAA political appointees
to eight.
Section 119 prohibits funds for any increase in fees for
navigational products until FAA has reported a justification
for such fees to the House and Senate Committees on
Appropriations.
Section 119A requires FAA to notify the House and Senate
Committees on Appropriations at least 90 days before closing a
regional operations center or reducing the services it
provides.
Section 119B prohibits funds to change weight restrictions
or prior permission rules at Teterboro Airport in Teterboro,
New Jersey.
Section 119C sets requirements for the Contract Tower
program.
Section 119D allows for reimbursements to airports affected
by Temporary Flight Restrictions (TFRs).
Federal Highway Administration
The Federal Highway Administration (FHWA) provides
financial assistance to the States to construct and improve
roads and highways. It also provides technical assistance to
other agencies and organizations involved in road building
activities. Title 23 of the United States Code and other
supporting statutes provide authority for the activities of the
FHWA. The most recent authorization for the programs
administered by the FHWA is contained in the Fixing America's
Surface Transportation (FAST) Act (P.L. 114-94). Funding is
provided by contract authority, while program levels are
established by annual limitations on obligations, as set forth
in appropriations Acts.
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2019....................... $449,692,304
Budget request, fiscal year 2020...................... 453,549,689
Recommended in the bill............................... 453,549,689
Bill compared with:
Appropriation, fiscal year 2019..................... +3,858,385
Budget request, fiscal year 2020.................... - - -
The limitation on administrative expenses caps the amount,
from within the limitation on obligations, that FHWA may spend
on salaries and expenses necessary to conduct and administer
the Federal-aid highway program, highway-related research, and
most other Federal highway programs.
COMMITTEE RECOMMENDATION
The Committee recommends a limitation on FHWA
administrative expenses of $453,549,689. In addition,
$3,248,000 is transferred to the Appalachian Regional
Commission.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Limitation on
obligations**
------------------------------------------------------------------------
Appropriation, fiscal year 2019....................... $45,268,596,000
Budget request, fiscal year 2020...................... 46,365,092,000
Recommended in the bill............................... 46,365,092,000
Bill compared with:
Appropriation, fiscal year 2019..................... +1,096,496,000
Budget request, fiscal year 2020.................... - - -
------------------------------------------------------------------------
**These amounts do not include $739,000,000 of contract authority exempt
from the limitation on obligations. As a result, total program level
for 2019 was $46,007,596,000. The total recommended program level for
2020 is $47,104,092,000.
The Federal-aid highway program is funded by contract
authority, and liquidating cash appropriations are subsequently
provided to fund resulting outlays. The Committee sets, through
the annual appropriations process, an overall limitation on the
total contract authority that can be obligated under the
program in a given year. Programs included within the Federal-
aid highway program are financed from the Highway Trust Fund.
Federal-aid highways and bridges are managed through a
Federal-State partnership. States and localities maintain
ownership of and responsibility for the maintenance, repair,
and new construction of roads. State highway departments have
the authority to initiate Federal-aid projects, subject to FHWA
approval of the plans, specifications, and cost estimates. The
Federal government provides financial support, on a
reimbursable basis, for construction and repair through
matching grants.
COMMITTEE RECOMMENDATION
The Committee recommends a total program level of
$47,104,092,000 for the regular Federal-aid highway program in
fiscal year 2020. Included within the recommended amount is an
obligation limitation of $46,365,092,000 and $739,000,000 in
contract authority that is exempt from the obligation
limitation.
Congestion Mitigation and Air Quality (CMAQ).--The
Committee provides $2,500,000,000 for CMAQ programs. These
programs are essential to reducing congestion and improving air
quality nationwide. The Committee urges FHWA to consider the
feasibility of utilizing or deploying innovative technologies,
including moveable barriers, that provide congestion relief,
improve air quality, and decrease fuel consumption. Innovative
technologies can offer quick alternatives to costly road
construction, result in safer roadways, help eliminate
crossover fatalities, improve air quality, and decrease fuel
consumption. The Committee encourages FHWA to consider such
technologies as part of any project for which the Federal
government provides grants.
Highway research.--The Committee provides $420,000,000 for
the Highway Research, Technology and Education program,
consistent with the levels contained in the FAST Act. As part
of FHWA's Research, Technology and Education program, the
Committee encourages the Secretary, in conjunction with the
National Weather Service, to establish a pilot project that
would develop a model to collect and integrate real-time, geo-
located weather and roadway data in order to improve emergency
planning, response, and public safety.
Transportation Infrastructure Finance and Innovation Act
(TIFIA).--TIFIA credit assistance allows State and local
governments to leverage limited Federal resources and stimulate
capital market investment in transportation infrastructure. The
program provides Federal credit assistance in the form of
direct loans, loan guarantees, and standby lines of credit to
projects of national or regional significance. Consistent with
the FAST Act, the Committee provides $300,000,000 in budget
authority for TIFIA which it expects will leverage more than
$3,000,000,000 in loans for important transportation projects
nationwide.
Freight.--Our nation's major freight corridors improve our
economic efficiency, promote economic growth, and increase
employment. The Committee provides $1,500,000,000 for the
National Highway Freight program, consistent with the amounts
authorized in the FAST Act.
Interstate 10 in Alabama and the proposed Interstate 69
extension over the Ohio River are crucial corridors for the
movement of freight. On Interstate 10, the Mobile River Bridge
between Mobile and Daphne, Alabama is a key choke point and
creates safety hazards for motorists. The Interstate 69
extension between Indiana and Kentucky will address capacity
constraints and create a continuous transportation network from
Canada to Mexico that will facilitate international trade and
spur economic development. The Committee encourages FHWA to
work with the relevant State departments of transportation to
address capacity constraints at these chokepoints and to
develop robust funding plans to complete these critical
projects.
In addition, the Committee believes critical commerce
corridors (CCC), an authorized use of funds in the nationally
significant freight and highway projects program, can improve
economic efficiency, reduce travel times, and promote safe
travel on our nation's roads and highways. CCCs create a
barrier on existing highways, physically separating lanes
dedicated for heavy commercial trucks from lanes dedicated for
passenger vehicles. The Committee encourages the Secretary to
consider applications for the creation of CCCs when awarding
competitive grants.
Permeable pavements.--The Committee encourages the
Secretary to accelerate research, demonstration, and deployment
of permeable pavements to achieve flood mitigation, pollutant
reduction, stormwater runoff reduction, environmental
conservation, and resilience for both new road construction and
the retrofit of existing roads. The Committee encourages the
Secretary to conduct structural evaluations of flood-damaged
pavements, with emphasis on local roads and highways subject to
flooding and extended periods of inundation, to understand the
mechanisms of flood damage and how permeable pavements might be
used to prevent or reduce damage from future flooding.
Guardrails.--The Committee supports continued efforts by
the Secretary to help State and local departments of
transportation capitalize on Federal investment in Geosynthetic
Reinforced Soil Integrated Bridge Systems. The Committee
encourages the Secretary to consider testing of geo-
synthetically reinforced soil guardrails for performance under
vehicle impact and use this data to develop specifications for
use in future roadway construction.
Bridge corrosion.--The Committee reiterates its concern
with the large number of structurally deficient bridges in the
United States and recognizes that corrosion is a leading cause
of bridge failure. The Committee is concerned that the
Secretary has not complied with the directive in House Report
115-237 to produce a report on best practices to combat bridge
corrosion. Therefore, the Committee again directs the Secretary
to conduct a report on the status of corrosion control planning
by State departments of transportation and the status of
corrosion control best practice requirements in State
regulations and in bid specifications for bridge projects using
Federal taxpayer money. The Committee again directs the
Secretary to consult with State departments of transportation
to ensure that contractors and subcontractors hired for bridge
construction, alterations or maintenance projects using Federal
taxpayer money, other than those involving minor repair work,
are utilizing industry best practices to prevent, mitigate and
control corrosion. The Committee directs the GAO to produce a
report to Congress, due no later than one year after enactment
of this Act, on the status of corrosion control planning by
State departments of transportation.
Truck size and weight.--The Committee is concerned about
the demands placed on our nation's highways, especially
bridges, by large trucks. The June 2015 Comprehensive Truck
Size and Weight Technical Reports Summary found that 4,845
bridges would need to be strengthened or replaced to handle the
additional stress if Federal truck weights were increased to
91,000 pounds. In addition, a 2018 Consensus Study Report
requested by the U.S. Department of Transportation and
conducted by the Transportation Research Board identified 27
research projects that are needed to better project the
consequences of proposed changes to truck length and weight
limits. A significant increase in Federal truck length and
weight, before the impacts of these changes have been studied,
would stress an already failing Highway Trust Fund and further
compromise the condition of our roads and bridges. The results
of the proposed research should be considered by the Department
and Congress before any changes in national policy are made.
Highway-rail grade crossing safety handbook.--The Committee
is concerned that an updated handbook on safety at highway-rail
grade crossings is over a year late. Updated safety protocols
at highway-grade crossings will save lives. The Committee
directs FHWA, in coordination with the Federal Railroad
Administration, to complete the handbook within 180 days of
enactment of this Act.
Verrazzano-Narrows bridge.--The Committee anticipates that
when two-way tolling is established by the Metropolitan Transit
Authority (MTA), each one-way toll will be equal to one-half of
the current one-way toll. The Committee recognizes that, over
time, the MTA will need to adjust the toll rate.
Ferry programs.--The Committee recognizes the important
role that ferries play in connecting communities and reducing
congestion. Under this heading, the Committee provides
$80,000,000 for the Ferry Boat Program, consistent with the
amounts authorized by the FAST Act. The bill also provides
$30,000,000 for ferry programs administered by the Federal
Transit Administration (FTA).
Appalachian Development Highway System (ADHS).--The
Committee recognizes the important role that the ADHS plays in
providing economic opportunities for persistently poor
residents of Appalachia. As a result, the Committee rejects the
President's proposal to rescind $40,222,760 from ADHS projects
in Georgia, Kentucky, Maryland, New York, Tennessee, and West
Virginia.
FHWA competitive programs.--For applicable competitive
programs administered by FHWA, including the Infrastructure for
Rebuilding America (INFRA) grant program, the Committee is
concerned about the lack of transparency in grant award
decisions by the Department of Transportation (DOT). For
competitive programs funded under this heading, program teams
should document their decision-making rationale throughout
review in the application selection process. In addition, the
Committee directs the Secretary to give priority to applicants
with a demonstrated success record of managing and implementing
complex projects on-time and on-budget.
Pavement conditions and competition.--Good pavement
conditions on the National Highway System and roads eligible
for Federal-aid funding are a key goal of the funds provided in
this Act. The Committee is concerned about the variability in
pavement conditions across States and jurisdictions including
in home rule states and in colder climates. As a result of
these concerns, the Committee directs the GAO to evaluate the
ability of urban areas in home rule states to meet Federal road
maintenance standards. Furthermore, as part of FHWA's continued
research on pavement performance, the Committee encourages the
agency to include special considerations of pavement
performance in colder climates and directs the agency to
continue to evaluate the impact of autonomous vehicles,
particularly commercial vehicles, on pavement performance. The
Committee looks forward to receiving the report on Automated
Vehicle Impacts to Highway Infrastructure during 2020.
In addition, the Committee notes that competition in the
selection of pavement materials can facilitate the efficient
use of Federal funds. The Committee directs FHWA to report to
Congress within 120 days on all measures taken to ensure State
departments of transportation and other contracting agencies
are in full compliance with the competitive bidding principles
in 23 U.S.C. 112.
Safe routes to schools.--The Committee recognizes the
important role infrastructure investments, education, and
enforcement efforts can have in ensuring safe access to
schools. Investments in sidewalks, bike paths, and alternative
transportation have proven to increase safety and decrease the
number of deaths and injuries associated with commutes to
school. The Committee encourages the Secretary and States to
prioritize infrastructure investments that will facilitate
changes to pedestrian and driver behavior and that will have
immediate improvements in student safety.
Highway 69 safety report.--The Committee recognizes that
congestion and accidents are increasing on Highway 69 in
Kansas, especially where interstates intersect with the two-
lane State highway. This route receives heavy traffic due to
its close-proximity to a State border, and the route provides
direct access to high-employment areas. As a result, the
Committee encourages the Secretary to work with the Kansas
department of transportation to complete a report on options
that could improve safety along this critical route.
Eastern Federal Lands Highway Division (EFLHD) disaster
recovery.--The Committee urges the Secretary to ensure the full
allocation of authorized funds for the EFLHD so that it can act
as a single entity to complete the rebuilding process from
damages caused by hurricanes in the noncontiguous States and
territories. The EFHLD's role includes procuring the
construction, construction management, and inspection for the
complete rebuilding process.
Tribal Transportation Program.--The Tribal Transportation
Program provides key access to basic community services to
enhance the quality of life in Indian country. Consistent with
the FAST Act, the Committee provides $505,000,000 for the
program.
Cap park development.--The Committee notes the growing
interest in communities across the country in developing cap
parks--capping a highway and placing a park there. Cap parks
connect neighborhoods that have long been divided by highways,
reduce traffic congestion, improve air quality, and bring green
space to our highways and roads. The Committee encourages State
departments of transportation to work with metropolitan
planning organizations to further the development of cap parks
across the country.
Cost of contracting.--The Committee is concerned about how
State departments of transportation are allocating staffing
resources. The Committee directs the GAO to report on how State
departments of transportation complete engineering and design
work for projects using Federal funds. The report should
address how State departments of transportation complete such
work, the percentage of the work that is completed by private
contractors and the percentage that is completed by State
employees. The report should include: the estimated cost of
procuring the services under a contract, the estimated costs to
the State of negotiating and awarding the contract, and the
estimated cost to the State of supervising, monitoring, and
overseeing the contract. In addition, the report should include
an estimate of the cost of having the services performed by
State staff (or a government agency assisting the State,
including salaries and benefits), and other costs that can be
attributed solely to the performance of the services by staff
and that would not otherwise be incurred by the State.
Border State infrastructure.--The Department shall
encourage States using Federal funds designated for border-
State infrastructure to ensure participation of city and county
governments along the U.S.-Mexico border in project selection
processes. The Committee directs the Department to report to
the House and Senate Committees on Appropriations within 60
days of enactment of this Act on its progress.
Transportation infrastructure and military installations.--
States and local communities have historically been responsible
for costs associated with construction and maintenance of off-
base surface transportation and other transportation
infrastructure surrounding Department of Defense installations.
This infrastructure serves two purposes: to support civilian
life and the neighboring military installation's operations.
The Committee directs the Department of Transportation, in
conjunction with the Department of Defense, to compose a report
on the state of transportation safety, economic
competitiveness, quality of life, environmental protection, and
state of good repair of off-base surface transportation
surrounding Department of Defense installations with
recommendations for improvements.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
Liquidation of
contract
authority
Appropriation, fiscal year 2019....................... $46,007,596,000
Budget request, fiscal year 2020...................... 47,104,092,000
Recommended in the bill............................... 47,104,092,000
Bill compared with:
Appropriation, fiscal year 2019..................... +1,096,496,000
Budget request, fiscal year 2020.................... - - -
COMMITTEE RECOMMENDATION
The Committee recommends a liquidating cash appropriation
of $47,104,092,000. This is the amount required to pay the
outstanding obligations of the highway program at levels
provided in this Act and prior appropriations Acts.
HIGHWAY INFRASTRUCTURE PROGRAMS
Appropriation, fiscal year 2019....................... $3,250,000,000
Budget request, fiscal year 2020...................... 300,000,000
Recommended in the bill............................... 1,750,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... -1,500,000,000
Budget request, fiscal year 2020.................... +1,450,000,000
The FAST Act provides contract authority for programs
administered by FHWA and funded from the Highway Trust Fund.
This account provides additional funds from the general fund of
the Treasury for certain programs funded by formula under the
FAST Act and other important safety and management priorities
administered by the FHWA.
COMMITTEE RECOMMENDATION
The Committee recommends $1,750,000,000 for Highway
Infrastructure Programs. The following table provides funding
levels for activities within this account:
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Competitive Bridge Program.......... $300,000,000 - - -
Surface Transportation Block Grant.. - - - 1,493,100,000
Puerto-Rico--Surface Transportation - - - 5,451,000
Block Grant........................
Territories--Surface Transportation - - - 1,449,000
Block Grant........................
Nationally Significant Federal Lands - - - 166,000,000
and Tribal Projects................
Competitive Grants for Highway Grade- - - - 50,000,000
Crossings..........................
Advanced Digital Construction - - - 15,000,000
Management System..................
Regional Infrastructure Accelerator. - - - 12,000,000
National Road Network Pilot Program. - - - 5,000,000
Study on Tribal Transportation...... - - - 2,000,000
-----------------------------------
Total........................... 300,000,000 1,750,000,000
------------------------------------------------------------------------
Nationally Significant Federal Lands and Tribal Projects.--
Notwithstanding section 1123 of the FAST Act, funds
appropriated by this Act for the Nationally Significant Federal
Lands and Tribal Projects under section 1123 of the FAST Act
shall be prioritized to maintain and repair roadways that have
a higher than average daily use by commuters and non-recreation
visitation. Grants shall also prioritize roadways that in the
prior fiscal year have been closed or had speed reductions due
to unsafe travel conditions as a result of the roadway's
infrastructure condition and maintenance.
Study on Tribal transportation.--The Committee provides
$2,000,000 for research that leads to decreases in highway and
pedestrian fatalities among tribal populations. This research
should build on reports mandated in the FAST Act and should be
competitively awarded to State governments, academic
institutions, or non-profits with both existing partnerships
among tribal governments and which have traffic safety and
transportation research expertise. Research should focus on
priority areas identified in FHWA's 2018 report ``Options for
Improving Transportation Safety in Tribal Areas''.
National Road Network Pilot Program.--The Committee
provides $5,000,000 for a National Road Network Pilot Program.
Under the pilot program, the Committee directs FHWA to create a
dataset which should support interagency use. As part of that
dataset, FHWA should complete outreach to States to assist with
improved and standardized reporting of data that are attached
to their linear road networks. FHWA may connect to databases
produced by States or other Federal agencies to provide real-
time information. The Committee intends for purchases of
software and hardware to be eligible expenses under this
heading.
Advanced Digital Construction Management Systems.--Advanced
Digital Construction Management Systems are defined as
commercially-proven digital technologies and processes for
management of construction and engineering activities,
including systems for infrastructure planning and coordination,
construction, maintenance, modernization and management, asset
management systems for machines, site equipment, and personnel.
Project delivery systems for project management are also
included. The Committee intends for software, hardware,
services, and employee training on the use and management of
Advanced Digital Construction Management Systems to be eligible
expenses under this heading.
ADMINISTRATIVE PROVISIONS--FEDERAL HIGHWAY ADMINISTRATION
Section 120 distributes obligation authority among Federal-
aid highway programs.
Section 121 credits funds received by the Bureau of
Transportation Statistics to the Federal-aid highways account.
Section 122 provides requirements for any waiver of the Buy
America Act.
Section 123 requires congressional notification before the
Department provides credit assistance under the TIFIA program.
Section 124 requires 60-day notification to the Committees
on Appropriations of any grants as authorized under 23 U.S.C.
117.
Section 125 allows State DOTs to repurpose certain highway
project funding to be used within 5 miles of its original
designation.
Section 126 removes a prohibition on two-way tolling on the
Verrazzano-Narrows bridge between Brooklyn and Staten Island,
New York.
Section 127 removes the annual cap from Emergency Relief
for Puerto Rico and the United States Territories.
Section 128 directs FHWA to make determinations on Buy
America Waivers that were submitted before April 17, 2018.
Section 129 repeals a prohibition on removing a bridge in
Boston, Massachusetts.
Section 129A clarifies that FHWA should apply penalties for
States without a State Asset Management Plan only to funds
provided in 2019 and after.
Federal Motor Carrier Safety Administration
The Federal Motor Carrier Safety Administration (FMCSA) was
established within the Department of Transportation (DOT) by
Congress through the Motor Carrier Safety Improvement Act of
1999. FMCSA's mission is to promote safe commercial motor
vehicle operations and to reduce truck and bus crashes. FMCSA
works with Federal, State, and local entities, the motor
carrier industry, highway safety organizations, and the public
to further its mission.
FMCSA resources are used to prevent and mitigate commercial
vehicle accidents through regulation, enforcement, stakeholder
training, technological innovation, and improved information
systems. FMCSA also is responsible for enforcing Federal motor
carrier safety and hazardous materials regulations for all
commercial vehicles entering the United States along its
southern and northern borders.
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2019....................... $284,000,000
Budget request, fiscal year 2020...................... 288,000,000
Recommended in the bill............................... 288,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +4,000,000
Budget request, fiscal year 2020.................... - - -
This account controls FMCSA's spending on salaries,
operating expenses, and research. It provides resources to
support motor carrier safety program activities and to maintain
the agency's administrative infrastructure. This funding
supports nationwide motor carrier safety and consumer
enforcement efforts, including the Compliance, Safety,
Accountability Program, regulation and enforcement of freight
transport, and safety enforcement at the United States'
borders. These resources also fund regulatory development and
implementation, information management, research and
technology, safety education and outreach, and the safety and
consumer telephone hotline.
COMMITTEE RECOMMENDATION
The Committee recommends $288,000,000 for the Operations
and Programs account, consistent with the amounts authorized in
the FAST Act. Obligation limitation is available for one year,
except for $9,073,000 for research and technology which is
available for two years, until September 30, 2022.
30-minute rest breaks.--When considering exemptions to the
30 minute rest break regulation, the Committee encourages FMCSA
to consider the safety implications of making routine stops
during the day, of drivers remaining physically active during
non-driving periods, and of adding additional vehicle miles
operated to the roads.
Transponder-based weigh station technology report.--The
Committee looks forward to receiving FMCSA's study requested in
House Report 115-750 on transponder-based electronic screening
and the effects of replacing that technology with license plate
readers.
Overdue statutorily required rulemaking.--Within three
months of enactment of this Act, the Committee requests a full
report and timeline for completion of the outstanding, mandated
rules included in the FAST Act and the Moving Ahead for
Progress in the 21st Century (MAP-21) Act (P.L. 112-141).
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2019....................... $382,800,000
Budget request, fiscal year 2020...................... 387,800,000
Recommended in the bill............................... 388,800,000
Bill compared with:
Appropriation, fiscal year 2019..................... +6,000,000
Budget request, fiscal year 2020.................... +1,000,000
This account controls FMCSA's spending on motor carrier
safety grants. Those grants are used to support compliance
reviews in the States, identify and apprehend traffic
violators, conduct roadside inspections, and conduct safety
audits of new entrant carriers. Additionally, grants are
provided to States for improvement of State commercial driver's
license oversight activities.
COMMITTEE RECOMMENDATION
The Committee recommends $388,800,000, for the Federal
Motor Carrier Safety Grant program, consistent with the amounts
authorized in the FAST Act. Obligation limitation is available
for one year. The following table provides funding levels for
activities within this account:
------------------------------------------------------------------------
Request Recommended
------------------------------------------------------------------------
Motor Carrier Safety Assistance $308,700,000 $308,700,000
program............................
Commercial Driver's License Program. 33,200,000 33,200,00
High Priority Activities Program.... 44,900,000 44,900,000
Commercial Motor Vehicle Operators 1,000,000 2,000,000
Grants.............................
Total........................... 387,800,000 388,800,000
------------------------------------------------------------------------
Commercial motor vehicle operators grants.--Local centers
of education invest these grants in supporting scholarships for
veterans and their family members to complete Commercial
Driver's License-A programs. As a result, the Committee doubles
the funding for such grants.
ADMINISTRATIVE PROVISIONS--FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
Section 130 requires FMCSA to send notice of 49 CFR section
385.308 violations by certified mail, registered mail, or some
other manner of delivery that records receipt of the notice by
the persons responsible for the violations.
Section 131 prohibits funds from being used to enforce the
requirements of section 31137 of title 49, or any regulation
pursuant to such section, with respect to carriers transporting
livestock or insects.
Section 132 requires FMCSA to update annual inspection
regulations to require that rear underride guards be inspected
annually.
Section 133 prohibits funds from being used to review and
issue a decision on petitions to preempt certain State meal and
rest break laws.
Section 134 requires FMCSA to make data on the Compliance,
Safety, Accountability program publicly available.
Section 135 prohibits FMCSA from promulgating or enforcing
a rule that eliminates the 30-minute rest break specified in
part 395 of title 49, Code of Federal Regulations.
National Highway Traffic Safety Administration
The National Highway Traffic Safety Administration (NHTSA)
was established in March of 1970 to administer motor vehicle
and highway safety programs. It was the successor agency to the
National Highway Safety Bureau, which was housed in the Federal
Highway Administration.
NHTSA's mission is to save lives, prevent injuries, and
reduce economic costs due to road traffic crashes through
education, research, safety standards, and enforcement
activity. To accomplish these goals, NHTSA establishes and
enforces safety performance standards for motor vehicles and
motor vehicle equipment, investigates safety defects in motor
vehicles, and conducts research on driver behavior and traffic
safety.
NHTSA provides grants and technical assistance to State and
local governments to enable them to conduct effective local
highway safety programs. Together with State and local
partners, NHTSA works to reduce the threat of drunk, impaired,
and distracted drivers, and to promote policies and devices
with demonstrated safety benefits including helmets, child
safety seats, airbags, and graduated driver's licenses.
NHTSA establishes and ensures compliance with fuel economy
standards, investigates odometer fraud, establishes and
enforces vehicle anti-theft regulations, and provides consumer
information on a variety of motor vehicle safety topics.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
Appropriation, fiscal year 2019....................... $190,000,000
Budget request, fiscal year 2020...................... 151,000,000
Recommended in the bill............................... 214,073,440
Bill compared with:
Appropriation, fiscal year 2019..................... +24,073,440
Budget request, fiscal year 2020.................... +63,073,440
The operations and research appropriation supports vehicle
safety programs and NHTSA's administrative expenses. These
programs include research and analysis to establish best
practices, guidance for vehicle safety, and rulemakings on
safety and fuel economy standards. The account also includes
enforcement of safety regulations including, ensuring industry
compliance with motor vehicle safety standards, investigations
of safety related defects and oversight of manufacturer
recalls. Many of these programs are conducted in partnership
with State and local governments, the private sector,
universities, research units, and various safety associations
and organizations.
COMMITTEE RECOMMENDATION
For vehicle safety programs, funded by the general fund,
under the operations and research account, the Committee
recommends $214,073,440, consistent with the amount authorized
in the FAST Act. Those amounts are available for two years,
except for $40,000,000 which is available until September 30,
2022. The following table provides funding levels for
activities within this account:
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Rulemaking.................... $22,586,000 $43,000,000
Enforcement................... 19,542,000 43,000,000
Research and Analysis......... 32,805,000 48,000,000
(Research on Automated Driving (15,000,000) (18,500,000)
Systems (non-add))...........
Administrative Expenses....... 76,067,000 80,073,440
-----------------------------------------
Total..................... 151,000,000 214,073,440
------------------------------------------------------------------------
Office of Defects Investigation (ODI).--Of the amounts
provided for enforcement, $32,548,000 shall be for ODI. The
Committee is deeply concerned that the Department of
Transportation Inspector General identified that ODI lacks
adequate process and oversight for passenger vehicle recalls.
The Committee directs ODI to strengthen its collection and
analysis of early warning data and vehicle defects, enhance
defect investigations using risk-based process, and increase
enforcement to mitigate the impact of serious safety defects on
drivers. Within 180 days of enactment of this Act, the
Committee directs NHTSA to report to the Committee as to how it
will implement these provisions. The Committee provides
$43,000,000 for enforcement, a $10,000,000 increase over fiscal
year 2019 and $23,500,000 over the President's request.
Autonomous vehicles.--Autonomous vehicles (AVs) have the
potential to fundamentally transform transportation networks by
reducing the number of lives lost on our roads and by improving
mobility options. Research into the safety and operations of
these new technologies is a key part of NHTSA's mission. To
that end, the Committee provides not less than $18,500,000 for
NHTSA to continue research on AVs, automated driving systems
(ADS), advanced driver assistance systems (ADAS), and vehicle
electronics and cybersecurity. The Committee anticipates that
NHTSA will include analysis of both vehicles without drivers
and without passengers in its analysis. The Committee expects
that when making decisions about how to utilize funds provided
in this Act and by prior appropriation Acts, the Secretary will
prioritize the ten AV proving grounds that were identified by
the Department in January 2017.
The Committee is concerned that the development of AVs is
not receiving sufficient oversight from NHTSA. The Committee
supports performance based minimum standards for AVs and
directs NHTSA to collaborate with the Office of the Secretary
to ensure that AVs are safe for occupants, other drivers,
pedestrians and cyclists. The Committee directs NHTSA to report
to the House and Senate Committees on Appropriations on their
plans to collaborate within 180 days of enactment of this Act.
In addition, the Committee directs NHTSA to develop regulations
providing common terminology for the identification of vehicles
equipped with advanced driver assistance systems and ``highly
automated'' vehicle systems.
The Committee finds that the Department of Transportation
could more efficiently utilize machine learning and other
advanced computing methods to support the advanced performance
of AVs. The Committee encourages NHTSA to pursue a program of
research that integrates machine learning and other advanced
computing methods that would support State government
assessment of AV readiness, infrastructure monitoring, and
assessments of improved situational awareness and response
latency.
While the Committee recognizes the vast potential of
automated vehicles, the Committee is concerned that this
technological transformation may displace workers who currently
earn their living driving a vehicle. The Committee encourages
DOT to consider the potential for job displacement and urges
DOT to convene relevant public and private stakeholders to
develop a national strategy to address this issue.
Truck underride safety research.--The Committee notes that
NHTSA's proposed rulemaking in December 2015 to update truck
rear impact guard requirements cited 362 annual fatalities
associated with light vehicle crashes into the rear of trucks.
The Committee supports the March 2019 GAO (GAO-19-264)
recommendations that NHTSA develop a standardized definition of
underride crashes and data, share information with police
departments on identifying underride crashes, establish annual
inspection requirements for rear guards, and conduct additional
research on side underride guards. The Committee directs NHTSA
to implement the GAO recommendations and to complete a
rulemaking to improve rear guards to meet the Insurance
Institute for Highway Safety standards for Toughguard awards.
The Committee directs NHTSA to continue working with relevant
experts and stakeholders, including researchers, engineers,
safety advocates, and the trucking industry, to facilitate the
deployment and adoption of rear and side underride protection
devices.
Crashworthiness research.--The Committee recognizes the
importance that lightweight plastics and polymer composites
play to improve automotive safety, meet consumer demand for
innovative vehicles, increase fuel efficiency, and support new
U.S. highly skilled manufacturing jobs. NHTSA is encouraged to
focus on updating the countermeasures in its frontal, side,
rollover, front seatbacks and lower interior impacts for
children and small adults as well as pedestrian crashworthiness
projects, with an emphasis on vehicle lightweighting in both
traditional and autonomous vehicle structural designs. NHTSA
should leverage lessons learned from lightweight materials
research at the Department of Transportation, the Department of
Energy, and by industry stakeholders in its development of
safety-centered approaches for future lightweight automotive
design.
Automatic emergency brakes.--The Committee finds that
including automatic emergency brakes on vehicles can reduce
front-to-rear traffic incidents by more than 50 percent. On
October 16, 2015, NHTSA accepted a petition to complete a
rulemaking on automatic emergency brakes. In order to
facilitate the rulemaking, the Committee directs NHTSA to
initiate and complete field operational testing of automatic
emergency braking technology on commercial motor vehicles by
December 31, 2021, and to update the House and Senate
Committtees on Appropriations regarding the findings of the
testing.
Overdue rulemaking.--The Committee is extremely concerned
by NHTSA's lack of progress on critical rulemakings that the
agency has been directed to complete in both the FAST Act and
MAP-21. To address these overdue rulemakings, the Committee has
provided $43,000,000 for rulemakings, and directs NHTSA to
complete rulemakings that are overdue based on the April 2019
Significant Rulemaking Report or the Fall 2018 Semi-Annual
Regulatory Agenda. In addition, within six months of enactment
of this Act, the Committee directs the Administrator to submit
a full report and timeline for completion of the overdue,
mandated rules included in the FAST Act and MAP-21.
Motorcoach safety.--Section 32703 of MAP-21 required DOT to
issue rules requiring seatbelts on motorcoaches, regulations
for roof strength, anti-ejection safety countermeasures, and
rollover crash avoidance. The Committee requests an immediate
update on the Department's progress in implementing the
motorcoach safety standards outlined in MAP-21.
New Car Assessment Program (NCAP).--Section 24321 of the
FAST Act directed NHTSA to complete a rulemaking to integrate
crash avoidance technology information into the safety rating
information provided to buyers. The Committee recognizes NCAP
has encouraged vehicle manufacturers to design higher levels of
safety into their vehicles and improved consumer awareness of
vehicle safety. However, the Committee is concerned that
crashworthiness standards have not kept pace with technological
advances that have occurred since the last update to NCAP. The
Committee encourages NHTSA to update the standards applicable
to crash tests and the resulting labels that are required on
new vehicles. The Committee directs NHTSA to report to the
House and Senate Committees on Appropriations within 180 days
of enactment of this Act on plans to update the NCAP standard,
and include, but not be limited to, a timeline and comparison
to Euro NCAP. The Committee also encourages NHTSA to include
ratings on pedestrian and bicyclist safety, advanced driver
assistance systems, and injury criteria specific to older
occupants when updating NCAP.
Rear-end collision avoidance systems.--The Committee
directs NHTSA to study the safety effectiveness of rear-end
collision avoidance systems that mitigate and prevent rear-end
collisions. Among a variety of technologies, the study should
include the effectiveness of pulsating light systems in motor
vehicles. The Committee encourages NHTSA to begin this review
within 90 days of enactment of this Act. Upon completion of the
necessary research, NHTSA should initiate a rulemaking to
revise Federal Motor Vehicle Safety Standards (FMVSS) 108,
establish the parameters for the types of systems that should
be permitted, and issue a minimum performance standard for
those systems.
Digitized odometer disclosure systems.--The Department of
Transportation estimates that more than 450,000 vehicles are
sold each year with false odometer readings, costing American
car buyers more than $1,000,000,000 annually. MAP-21 required
NHTSA to adopt schemes for electronic odometer disclosure
statements but NHTSA has not promulgated the rule.
Technologies, including blockchain, will permit the odometer
validation process to be digitized. In order to remove
impediments for States that may be interested in evaluating the
feasibility of odometer disclosures based on emerging
technologies, including but not limited to blockchain, the
Committee encourages NHTSA to complete the rulemaking by
December 31, 2021.
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2019....................... $152,100,000
Budget request, fiscal year 2020...................... 155,300,000
Recommended in the bill............................... 155,300,000
Bill compared with:
Appropriation, fiscal year 2019..................... +3,200,000
Budget request, fiscal year 2020.................... - - -
This account controls NHTSA's spending from the Highway
Trust Fund for Highway Safety Research and Development
programs. Many of these programs are conducted in partnership
with State and local governments, the private sector,
universities, research units, and various safety associations
and organizations. Programs funded by this account include
research, demonstrations, and technical assistance to State and
local governments around behavioral aspects of driver,
occupant, and pedestrian behavior. This account also funds
NHTSA's National Center for Statistics and Analysis which
collects and analyzes crash data and provides technical
assistance to support State highway safety activities.
COMMITTEE RECOMMENDATION
For behavioral safety research funded by the operations and
research account, the Committee recommends $155,300,000 in
liquidating cash and obligation limitation, consistent with the
FAST Act. Obligation limitation is available for one year,
except for $20,000,000 which is available until September 30,
2021.
Highway fatalities.--Highway fatalities totaled more than
37,100 in 2017, with alcohol impaired deaths totaling nearly
11,000 and speeding related fatalities totaling nearly 10,000.
Conquering persistent problems with speed, seat belt use,
distraction, and alcohol and drug impaired driving requires a
joint effort among government, industry stakeholders and law
enforcement. Funding and programs in this title are intended to
address the public health need of reducing highway fatalities
and injuries. The Committee directs NHTSA to implement a
national campaign to reduce highway fatalities, working with
other Federal agencies, the States, law enforcement, the public
health community, industry, and others who can contribute to
the goal of saving lives in an expedited manner. An initial
report on the agency's plans and progress on this campaign
should be provided to the House and Senate Appropriations
Committees no later than 90 days after enactment of this Act.
The report should include specific goals and any impediments to
achieving those goals.
Road to Zero coalition.--The Committee believes that
substantial gains in reducing roadway fatalities can be
recognized in the coming years through a combination of
technology and prioritizing safety programs. The Road to Zero
coalition, which is supported by FHWA, FMCSA, and NHTSA, is
committed to a goal of zero fatalities by 2050. This coalition
is a broad-based, diverse group comprised of individuals,
academia, associations, safety groups, businesses and others.
The Committee urges the Department to continue its involvement
with and support of the Road to Zero coalition.
Advanced drunk driving technology.--The Driver Alcohol
Detection System for Safety (DADSS) program is vitally
important, as drunk driving continues to claim more than nearly
11,000 lives annually. An effective technology like DADSS has
the potential to save 70 percent of those lives. As funding for
the research program comes to an end this fiscal year, the next
step must be to transfer the results to auto manufacturers and
suppliers who have the real-world expertise to integrate
technologies into vehicles as part of the ongoing product
development process. NHTSA is directed to focus future work
under the DADSS program on technology transfer so the DADSS
technology can be made available to the driving public as soon
as possible. The agency is further directed to provide a plan
on accomplishing this transfer to the Committee within 180 days
of enactment of this Act.
Drug-impaired driving.--As drugged driving remains a
growing concern due to the increase in States legalizing
marijuana use and the persistence of the opioid crisis, the
Committee supports the recommendations of the National
Transportation Safety Board that DOT work with the Department
of Health and Human Services to develop an impairment standard
for drugs. The Committee urges NHTSA to coordinate research
efforts with the States and other partners aimed at developing
a reliable standard for all types of impaired driving,
including marijuana impairment. The Committee directs NHTSA to
continue its research efforts aimed at identifying and
documenting drug-impaired drivers.
The Committee recognizes that developing a standard
measurement of marijuana impairment, similar to blood alcohol
concentration, remains unlikely in the near term and that
resources are well spent on increasing law enforcement
officers' ability to detect driver impairment for multiple
substances. The Committee directs NHTSA to continue to robustly
support police training programs, particularly Drug Recognition
Expert (DRE) and Advanced Roadside Impaired Driving Enforcement
(ARIDE) training, and to prioritize the study and development
of a standardized field sobriety test (SFST) to detect
marijuana impairment. These programs support law enforcement
identification of people who may be impaired due to marijuana
or other drugs. Of the amounts provided under the description
Impaired and Drug Impaired Driving as part of NHTSA's Highway
Safety Programs, the Committee provides an additional $250,000
under this heading to support DRE and ARIDE.
Child hyperthermia.--The Committee is deeply concerned
about the ongoing crisis involving children dying of
hyperthermia after being left alone in motor vehicles. NHTSA
must pursue a two-pronged strategy of public education and
technology solutions. Continued public education activities
should include aggressive media and community outreach and
dynamic highway message signs during the hot weather season.
NHTSA should encourage States with high numbers of fatalities
to implement state-wide task forces to address the problem.
Because any technology solutions will take years to phase into
the vehicle fleet, the Committee directs NHTSA to encourage the
automotive industry to voluntarily offer warning and alert
systems which can help prevent these deaths.
The Committee directs NHTSA to continue to conduct a high-
visibility media campaign on child hyperthermia with a special
emphasis on the 15 States with the highest number of child
heatstroke fatalities in 2017 and 2018. The Committee further
directs NHTSA to immediately provide a status update to the
House and Senate Committees on Appropriations regarding NHTSA's
activities and plans for combating child hyperthermia. Of the
amounts made available under this heading, no less than
$1,500,000 shall be available for such a media campaign.
High-risk vehicle events.--For two decades automobile
incidents have been a leading cause of death and injuries for
members of law enforcement. Pursuit fatalities on our nation's
roads and highways have increased for the last four years with
a 22 percent spike over 2013. While NHTSA currently collects
data on first responder vehicles that are involved in
fatalities during police-pursuits, that data is subject to
significant underreporting. The Committee directs NHTSA, in
partnership with police jurisdictions, to conduct a study that
would lead to the development of accurate reporting and
analyses of crashes that involve police pursuits.
Drinking age in Puerto Rico and the U.S. Virgin Islands.--
The Committee directs DOT to update the Committee not later
than 120 days after enactment of this Act regarding policy
proposals or initiatives that the Department believes would
lead the territories to implement a drinking age of 21 years of
age. The Committee directs NHTSA to coordinate with the FHWA in
order to include information about the amount of funds that
Puerto Rico has not received over the last ten years due to the
penalties imposed as a result of having a drinking age of 18.
The Committee further encourages NHTSA to work with the
governments of Puerto Rico and U.S. Virgin Islands to determine
existing impediments and possible solutions to implementing a
21-year-old drinking age.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Appropriation, fiscal year 2019....................... $610,208,000
Budget request, fiscal year 2020...................... 623,017,000
Recommended in the bill............................... 623,017,000
Bill compared with:
Appropriation, fiscal year 2019..................... +12,809,000
Budget request, fiscal year 2020.................... - - -
This account controls NHTSA's spending on grants to States
that were authorized in the FAST Act. The grant programs
include: Highway Safety Programs, the National Priority Safety
Program, and the High Visibility Enforcement Program. These
grants provide flexible funding to States that develop a
Highway Safety plan to address State highway safety issues.
This account also includes incentive grants to States that meet
specific statutory criteria in areas such as impaired and
distracted driving, occupant protection, motorcyclist safety,
and nonmotorized safety.
COMMITTEE RECOMMENDATION
The Committee recommends $623,017,000 in liquidating cash
from the Highway Trust Fund to pay outstanding obligations of
the Highway Traffic Safety Grant programs at the levels
provided in this Act and prior appropriations Acts. The
Committee also recommends limiting the obligations from the
Highway Trust Fund in fiscal year 2020 for the Highway Traffic
Safety Grants to $623,017,000. These levels are consistent with
the amounts in the FAST Act and the budget request. The
following table provides funding levels for activities within
this account:
----------------------------------------------------------------------------------------------------------------
Request Recommendation
----------------------------------------------------------------------------------------------------------------
State and Community Highway Safety Grants........................ $279,800,000 $279,800,000
National Priority Safety Programs................................ 285,900,000 285,900,000
High Visibility Enforcement Program.............................. 30,500,000 30,500,000
Administrative Expenses.......................................... 26,817,000 26,817,000
----------------------------------------------
Total........................................................ 623,017,000 623,017,000
----------------------------------------------------------------------------------------------------------------
Safety promotional materials.--For the purpose of Federal
grants administered by NHTSA, safety equipment purchased for
traffic safety educational trainings, such as child car seats,
bicycle helmets and lights, and reflective vests, shall not be
considered promotional materials or memorabilia.
Distracted driving.--Distracted driving continues to be a
significant safety problem on our roadways. The Committee finds
that distraction plays a role in almost ten percent of fatal
traffic crashes that occur in the United States. In order to
educate people about the dangers of distracted driving, NHTSA
provides vital grants to States and conducts media campaigns to
educate the public about the dangers of distracted driving. The
Committee continues to fund NHTSA programs that support State
efforts to educate the public and to enforce laws promoting
safe driving habits and prevent unnecessary deaths. Further,
the Committee urges the Secretary, in conjunction with other
agencies, to complete guidelines promulgated in 2016 to address
driver distraction caused by mobile devices in vehicles,
especially through the use of driver-modes. The Act provides
$24,000,000 for distracted driving grants under 23 U.S.C. 405.
High visibility enforcement campaigns.--High visibility
enforcement campaigns are an effective, evidence-based, traffic
safety countermeasure. The Committee continues to support these
campaigns and provides substantial resources to conduct them
throughout the year. The Click It or Ticket high visibility
enforcement campaign has played a significant role in achieving
the current national seat belt use rate of approximately 90
percent and also aims to increase the use of child safety
seats. The Committee encourages NHTSA to expand messaging about
the use of child safety seats in national and State Click It or
Ticket activities, as part of Child Passenger Safety week, or
through other appropriate venues.
ADMINISTRATIVE PROVISIONS--NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
Section 140 provides limited funding for travel and related
expenses associated with State management reviews and highway
safety core competency development training.
Section 141 exempts from the current fiscal year's
obligation limitation any obligation authority that was made
available in previous public laws.
Section 142 prohibits funds from being used to mandate
global positioning system tracking without providing full and
appropriate consideration of privacy concerns under 5 U.S.C.
Chapter 5, subchapter II.
Section 143 provides additional funding for highway safety
programs.
Section 144 provides additional funding for a study on
children in vehicles equipped with automated driving systems.
Section 145 prohibits funds from being used to finalize or
enforce ``The Safer Affordable Fuel-Efficient Vehicles Rule.''
Section 146 prohibits funds from being used to enforce
certain State maintenance of effort requirements under 23
U.S.C. 405.
Federal Railroad Administration
The Federal Railroad Administration (FRA) was established
by the Department of Transportation Act, on October 15, 1966.
FRA plans, develops, and administers programs and regulations
to promote the safe operation of freight and passenger rail
transportation in the United States. The U.S. freight railroad
system consists of over 600 railroads with 167,000 employees,
and 140,000 miles of track, which deliver approximately
5,000,000 tons of goods each day. In addition, FRA oversees
grants to the National Railroad Passenger Corporation (Amtrak)
with the goal of assisting Amtrak with improving its passenger
rail service and physical infrastructure.
SAFETY AND OPERATIONS
Appropriation, fiscal year 2019....................... $221,698,000
Budget request, fiscal year 2020...................... 213,134,000
Recommended in the bill............................... 226,698,000
Bill compared with:
Appropriation, fiscal year 2019..................... +5,000,000
Budget request, fiscal year 2020.................... +13,564,000
The Safety and Operations account provides funding for
FRA's safety program activities related to passenger and
freight railroads. Funding also supports salaries and expenses
and other operating activities related to FRA staff and
programs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $226,698,000 for the
Safety and Operations account. Of the amount provided under
this heading, $20,000,000 is available until expended. The
following table provides funding levels for activities within
this account.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Safe Transportation of Energy - - - $2,000,000
Products...........................
Automated Track Inspection Program $9,500,000 16,500,000
and Data Analysis..................
Railroad Safety Information System 3,700,000 4,800,000
and Front End Interface............
Positive Train Control Support 13,000,000 13,000,000
Program............................
Confidential Close Call Reporting 2,600,000 3,000,000
System.............................
Trespasser Prevention Strategy and 650,000 650,000
Risk Model.........................
Highway-rail Grade Crossing Safety.. 1,000,000 1,000,000
National Bridge System Inventory 600,000 600,000
Update and Model Modification......
------------------------------------------------------------------------
Competitive grants and staffing.--The Committee remains
concerned with the Department's slow pace in executing FRA's
competitive grant programs. The Committee notes with
disappointment that FRA has failed to select projects for three
competitive grant programs with more than $640,000,000 in
fiscal year 2017 and fiscal year 2018 appropriated funding
available. To date, FRA has also failed to issue a single
Notice of Funding Opportunity (NOFO) for four competitive grant
programs with $670,000,000 in fiscal year 2019 appropriated
funding available. The Committee recognizes that competitive
grant programs require dedicated staff to issue NOFOs, review
applications, and select projects for awards. Therefore, the
Committee recommendation provides $1,500,000 for the Office of
Railroad Policy and Development to hire additional staff to
support the review, selection, and project management oversight
of competitive grants. FRA shall deliver a report to the House
and Senate Committees on Appropriations within 120 days of
enactment of this Act detailing staffing and hiring plans for
fiscal year 2020 to support this work.
Safe transportation of energy products.--The Committee
recommendation supports FRA's safe transportation of energy
products programs, which include safety inspectors, safety
route managers and tank car quality assurance specialists, tank
car research, and increased mileage of the Automated Track
Inspection Program on routes that carry energy products.
Automated Track Inspection Program (ATIP).--ATIP uses track
geometry measurement vehicles to automatically measure track
conditions which supplement the work of FRA inspectors to
ensure railroads are compliant with FRA Track Safety Standards.
The Committee recommendation supports the inspection of
passenger rail routes, commuter rail routes, and routes that
carry energy products and other hazardous materials, and
further enhancements to ATIP's inspection capabilities. The
Committee notes that funds provided for the ATIP program in
fiscal year 2020 are available to inspect tracks and analyze
data from ATIP operations and inspections.
Positive Train Control (PTC).--The Committee notes that
significant progress has been made by railroads, passenger
railroads, and commuter railroads to implement PTC, with PTC
systems in operation on almost 46,000 of the nearly 58,000
route miles required under the Rail Safety Improvement Act of
2008 (P.L. 110-432) as of December 31, 2018. The Committee
commends the four railroads that fully implemented an FRA-
certified and interoperable PTC system on all of their required
route miles by December 31, 2018, and notes that 37 railroads
requested and received approval from FRA for an Alternative
Schedule. FRA and railroads must now focus on addressing
software issues and achieving PTC interoperability. As of
December 31, 2018, only 16 percent of approximately 233 host-
tenant railroad relationships had achieved PTC
interoperability. The Committee directs FRA to continue to work
with railroads on PTC testing and interoperability, provide
technical assistance, actively monitor industry-wide progress,
and take enforcement actions, including civil penalties, as
necessary. In addition, the Committee directs FRA to continue
to brief the House and Senate Committees on Appropriations on
progress by railroads to implement PTC. Such briefings should
occur at least every 90 days until December 31, 2020.
Confidential Close Call Reporting System (C3RS).--The
Committee commends FRA for its efforts to increase
participation in C3RS, a voluntary program that enables
participating railroads and their employees to identify,
analyze, and mitigate safety risks and improve safety culture.
C3RS also provides a confidential mechanism for industry-wide
information sharing and best practices. The Committee continues
to direct FRA to work with railroads and their employees to
explore ways to increase participation in C3RS.
Trespasser prevention.--Pedestrian trespassing on railroad
property is the leading cause of all rail-related fatalities,
and there has been no progress in reducing the number of deaths
from pedestrian trespassing. In February 2019, FRA submitted a
report to Congress on the National Strategy to Prevent
Trespassing on Railroad Property as required in House Report
115-237. The report found that annual trespass-related
pedestrian fatalities, excluding suicides, have increased 18
percent from 2012 to 2017; 74 percent occurred within 1,000
feet of a grade crossing; and 14 percent occurred in 10
counties in four States. The Committee remains concerned with
these trends, and directs FRA to work with communities, State
and local agencies, law enforcement, railroads, advocacy
organizations, and others to complete the milestones outlined
in the National Strategy. Further, the Committee directs FRA to
update the report to Congress with the most current data
available, FRA's progress on the milestones, and any potential
new initiatives to reduce trespasser fatalities. The updated
report shall be submitted no later than June 30, 2020.
The Committee understands information from railroads, like
confidential close call reporting, could improve FRA's ability
to identify areas that are at high risk of trespasser
accidents. The Committee recognizes that there are valid
concerns by railroads and their employees with sharing such
data with FRA. Therefore, the Committee encourages FRA to
develop a rail information sharing mechanism which would enable
data collection, deidentification, and analysis by a third-
party in a confidential manner.
Highway-rail grade crossing safety.--Highway-rail grade
crossing collisions are the second leading cause of all rail-
related fatalities in the United States. There are over 252,000
highway-rail grade crossings in the U.S., of which about
129,800 are located on publicly owned or maintained roads. More
than half of all public crossings are equipped with active
warning devices, however, 68 percent of collisions occur at
crossings with active, functional warning devices. The
Committee understands FRA is working with railroads, technology
developers and manufacturers, State and local agencies, law
enforcement, and others to identify technology solutions and
barriers to implementing technologies to improve the safety of
highway-rail grade crossings. The Committee looks forward to
the results of FRA's stakeholder engagement, and directs FRA to
brief the House and Senate Committees on Appropriations within
120 days of enactment of this Act on potential technology
solutions and recommendations relating to the implementation of
such technologies. Further, the Committee encourages FRA to
continue public outreach and education programs, and to
increase law enforcement partnerships to help reduce the number
of highway-rail grade crossing collisions.
Blocked railroad crossings.--The number of complaints the
Surface Transportation Board's Rail Customer and Public
Assistance Program fielded relating to railroad blocked
crossings jumped from eight in 2016 to 85 in 2018. Further, the
Committee understands FRA has received nearly 1,000 formal
complaints over the past three fiscal years on blocked railroad
crossings. The Committee is concerned with the increase in the
prevalence of railroad crossings blocked by trains, and the
potential impacts to communities and safety. The Committee
directs FRA to work with State and local agencies, law
enforcement, railroads, and others to examine this problem,
collect data, identify trends, and develop recommendations to
reduce the number and frequency of blocked railroad crossing
occurrences. FRA is directed to brief the House and Senate
Committees on Appropriations within 180 days of enactment of
this Act on its progress on these actions.
On-time performance.--A significant obstacle to
establishing new passenger rail service or adding frequencies
is the ability to obtain reliable access to host railroad
tracks. The Committee recognizes the challenges host railroads
face in balancing the demands of passenger and freight trains,
which can impact on-time performance. These challenges are
regularly seen in Amtrak's existing service. In fiscal year
2018, Amtrak's long-distance trains were on time at stations
only 44 percent of the time, while Amtrak's state-supported
trains were on time about 80 percent of the time. Congress
sought to address on-time performance in the Passenger Rail
Investment and Improvement (PRIIA) Act of 2008 (P.L. 110-432),
and closely followed FRA's and Amtrak's efforts to develop new
or improve existing metrics and minimum standards for measuring
the performance and service quality of intercity passenger
train operations as required under section 207 of PRIIA. This
culminated in FRA publishing Metrics and Standards for
Intercity Passenger Rail Service in May 2010. Following several
years in Federal court, the Committee understands that a 2018
ruling would allow FRA and Amtrak to carry out the directives
in section 207 of PRIIA. Therefore, the Committee directs FRA
to work with Amtrak, the Surface Transportation Board, and
others to develop such metrics and standards and encourages FRA
to conduct a process similar to the development and adoption of
the 2010 metrics and standards, including working jointly with
Amtrak, soliciting the views of railroads, seeking public
comment, and publishing final metrics and standards.
Chicago-area on-time performance.--The Chicago-area rail
system is unique in its complexity, with about 500 freight
trains and 760 passenger trains passing through the region each
day. Freight trains from six Class I railroads, passenger
trains from Amtrak, and commuter trains frequently interact and
use the same tracks, which can result in on-time performance
challenges. The Committee directs FRA to work with railroads,
Amtrak, and commuter railroads to review on-time performance,
identify potential issues contributing to the frequency and
length of delays, and develop recommendations on addressing
these challenges. FRA is directed to brief the House and Senate
Committees on Appropriations within 180 days of enactment of
this Act on its progress on these actions.
Amtrak grant agreements.--The Committee acknowledges that
FRA has a responsibility to conduct oversight of grants to
Amtrak. However, it appears FRA began including new language in
Amtrak's grant agreement documentation in fiscal year 2018
which requires FRA approval of financial plans through grant
amendments before Amtrak may begin using appropriated funding
for major construction on certain capital projects. While
previous grant agreements have included procedures for
approving capital projects and project reprogramming above
certain monetary thresholds to ensure Amtrak's use of Federal
funding were consistent with Federal law and regulations, this
new and additional layer of approval required by FRA in fiscal
year 2018 and again in fiscal year 2019 appears to be
unnecessary. The Committee is concerned this change inserts FRA
into Amtrak's selection and prioritization process for capital
spending, which has been the role of Amtrak management and the
Amtrak Board of Directors (Board), of which the Secretary is a
member. The Committee is concerned that this new grant
agreement requirement sets a precedent that reaches beyond the
intended statutory framework for grants to Amtrak, and could
give greater weight to FRA's decisions on financial plans than
the Board. The Committee directs FRA to respect the existing
statutory structure which vests the Board with decision-making
powers relating to capital project selection and
prioritization, including financial plans, and reminds the
Department that its seat on the Board is the appropriate place
to express FRA's support or concern with specific capital
projects.
Quad Cities to Chicago passenger rail service.--The
Committee is encouraged by recent progress in negotiations
between the State of Illinois and the Iowa Interstate Railroad
relating to planning for new Chicago to Quad Cities state-
supported intercity passenger rail service. Therefore, the
Committee rejects the rescissions to the Capital Assistance for
High Speed Rail Corridors and Intercity Passenger Rail Service
program proposed in the budget request, and strongly reminds
the Department that this fiscal year 2010 appropriated funding
is available until expended. Further, the Committee directs FRA
to work with grantees to reach agreement on a multi-year
extension of existing grant agreements in order to ensure funds
appropriated by Congress are utilized.
New transportation projects utilizing existing corridors.--
The Committee is aware that metropolitan planners may seek to
utilize existing transportation corridors in proposing new
transportation projects, including high speed rail. The
Committee notes that documentation of historic disruption of
affected communities and potential negative impacts to
communities are to be considered in the documentation required
under the National Environmental Policy Act (NEPA). The
Committee directs the Department to ensure NEPA documentation
for projects which propose to utilize existing transportation
corridors includes documentation of the effects of the historic
disruption of affected communities. Further, the Committee
encourages the Department to evaluate the impact of new
transportation projects and their utilization of existing
corridors and to provide recommendations on ways to mitigate
community disruption from construction and operation of new
transportation projects in existing transportation corridors,
including high speed rail projects.
Safe transportation of waste and debris.--The Committee
recognizes the potential health and environmental impacts of
railroads transporting waste and debris. Therefore, the
Committee encourages FRA to work with railroads, the Pipeline
Safety and Hazardous Materials Administration, and other
Federal agencies, such as the U.S. Environmental Protection
Agency, to ensure the safe transportation of waste and debris
by rail.
Train horn noise.--In March 2016, FRA initiated a
retrospective review of its locomotive train horn regulations
through a Notice of Safety Inquiry. The Committee directs FRA
to finalize this retrospective review, and if warranted by the
review, move forward with a notice of proposed rulemaking.
RAILROAD RESEARCH AND DEVELOPMENT
Appropriation, fiscal year 2019....................... $40,600,000
Budget request, fiscal year 2020...................... 19,000,000
Recommended in the bill............................... 41,600,000
Bill compared with:
Appropriation, fiscal year 2019..................... +1,000,000
Budget request, fiscal year 2020.................... +22,600,000
The Railroad Research and Development program provides
science and technology support for FRA's policy and regulatory
efforts. The program's objectives are to reduce the frequency
and severity of railroad accidents through scientific
advancement, and to support technological innovations in
conventional and high speed railroads.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $41,600,000 for the
Railroad Research and Development program. The Committee
directs FRA to conduct research and development activities in
all disciplines, including track, rolling stock, train control
and communications, human factors, and railroad systems issues,
in order to maximize gains in rail safety and encourages FRA to
prioritize technologies that improve safety in all areas of
railroad operations.
Safe transportation of energy products.--The Committee
provides $2,500,000 for FRA to research and mitigate risks
associated with the transportation of crude oil, ethanol,
liquefied natural gas (LNG), and other hazardous materials,
including tank car research in partnership with other Federal
agencies.
The Committee is aware of efforts to develop methods to
safely use LNG as a fuel for locomotives and to transport LNG
in bulk in tank cars. Therefore, the Committee directs FRA, in
collaboration with the Pipeline and Hazardous Materials Safety
Administration, to continue to support cooperative research on
the safe use of LNG in these applications which could inform
the development of new regulations.
Positive Train Control (PTC) and cyber security.--FRA's
research and development activities continue to advance PTC
technologies, including interoperability and cyber security
protection. The Committee urges FRA to establish enhanced cyber
security methods, standards, and best practices for PTC systems
and future versions of this technology. This could include
identifying vulnerabilities and preparing for threats that
could arise from updates and the migration to future designs of
this technology.
Trespasser prevention and highway-rail grade crossing
safety.--As previously noted, the Committee is concerned that
the two leading causes of all rail-related fatalities continues
to be pedestrian trespassing and collisions at highway-rail
grade crossing intersections. The Committee urges FRA to
continue research and development activities which could
improve trespass detection and prevention, including at or near
highway-rail grade crossings, and assist with FRA's National
Strategy to Prevent Trespassing on Railroad Property. In
addition, the Committee urges FRA to continue research and
development activities on grade crossing technology and
engineering solutions, including human interactions with such
technology.
Short-line safety.--The Committee provides $3,000,000 to
improve safety practices and training and develop safety
management systems for Class II and Class III freight
railroads. This funding supports FRA's initiative to partner
with short-line and regional railroads to build a stronger,
more sustainable safety culture through safety culture
assessments; training and education, including on the safe
transportation of energy products and other hazardous
materials; outreach activities; and research. Recognizing the
success of this initiative, the Committee directs FRA to
provide a report to the House and Senate Committees on
Appropriations within 120 days of enactment of this Act on the
feasibility of expanding safety culture assessments and
training to tourist railroads, passenger railroads, and
commuter railroads, including the need for such support,
resources required to carry out such work, and other potential
safety challenges the initiative could address.
Research partnerships with universities.--The Committee
provides up to $5,000,000 for partnerships with qualified
universities for research related to improving the safety,
capability, and efficiency of rail infrastructure, of which
$1,000,000 is to facilitate research with universities on
intelligent railroad systems. This includes basic and applied
research on rolling stock, operational reliability,
infrastructure, inspection technology, maintenance, energy
efficiency, the development of rail safety technologies such as
PTC, grade crossing safety improvements, and derailment
prevention, particularly for trains carrying passengers and
hazardous materials. Research conducted in conjunction with FRA
at universities should also facilitate the education and
training of the next generation of professionals in rail
engineering and transportation.
System safety and risk reduction programs.--The Committee
recognizes that continued investments in critical rail
infrastructure programs will make rail infrastructure,
equipment, and the operating environment safer. Therefore, the
Committee urges FRA to continue prioritizing investments in the
development of technologies designed to verify the functional
performance of complex electronic systems such as: PTC,
automated train control, passenger door control, railroad
crossing equipment, communication systems, train and locomotive
systems, train environmental control, railcar signs,
infrastructure maintenance, and monitoring systems. The
Committee recognizes the importance of deploying these
technologies in new and existing systems and acknowledges
investments made in such technologies by cities, transportation
agencies, and railroads across the country. The Committee urges
FRA to continue working with industry to develop standardized
performance specifications, test and verification processes,
and maintenance and diagnostics tools for such systems.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
The Railroad Rehabilitation and Improvement Financing
(RRIF) program was established in the Transportation Equity Act
for the 21st Century (P.L. 105-178) to provide direct loans and
loan guarantees to State and local governments, government-
sponsored entities, and railroads. Credit assistance under the
program may be used for rehabilitating or developing rail
equipment and facilities, developing or establishing intermodal
facilities, and transit-oriented development.
COMMITTEE RECOMMENDATION
The Committee recommendation extends the deadline by which
the Secretary may provide direct loans and loan guarantees for
transit-oriented development projects until September 30, 2020.
Further, the Committee recommendation allows the credit risk
premium for RRIF loans to be eligible for grants under the
National Infrastructure Investments account.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR
Appropriation, fiscal year 2019....................... $400,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 350,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... -50,000,000
Budget request, fiscal year 2020.................... +350,000,000
The Fixing America's Surface Transportation (FAST) Act
(P.L. 114-94) authorized the Federal-State Partnership for
State of Good Repair grant program under section 11302. The
purpose of these grants is to reduce the state of good repair
backlog on publicly- or Amtrak-owned infrastructure, equipment,
and facilities. Eligible activities include capital projects
to: (1) replace existing assets in-kind or with assets that
increase capacity or service levels; (2) ensure that service
can be maintained while existing assets are brought into a
state of good repair; and (3) bring existing assets into a
state of good repair.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $350,000,000 for the
Federal-State Partnership for State of Good Repair grant
program.
The Committee remains concerned with the Department's slow
pace in selecting projects to receive funding appropriated in
fiscal years 2017 and 2018, and in issuing the Notice of
Funding Opportunity (NOFO) for funding appropriated in fiscal
year 2019. The Committee directs the Secretary to publish a
NOFO consistent with the eligibility requirements in the FAST
Act for fiscal year 2020 no later than 30 days after enactment
of this Act, to review all applications received in response to
the NOFO, and to make awards to eligible grantees no later than
180 days after enactment of this Act.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
Appropriation, fiscal year 2019....................... $255,000,000
Budget request, fiscal year 2020...................... 330,000,000
Recommended in the bill............................... 350,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +95,000,000
Budget request, fiscal year 2020.................... +20,000,000
Authorized under section 11301 of the FAST Act, the purpose
of the Consolidated Rail Infrastructure and Safety Improvements
(CRISI) grant program is to improve the safety, efficiency, and
reliability of passenger and freight rail transportation
systems. Eligible activities include a wide range of capital,
regional and corridor planning, environmental analyses,
research, workforce development, and training projects.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $350,000,000 for the
CRISI grant program. Of the total funds provided, $40,000,000
is for eligible projects under section 22907(c)(5) for commuter
railroads that experienced at least one accident investigated
by the National Transportation Safety Board between January 1,
2008 and December 31, 2018 and $55,000,000 is for eligible
projects under section 22907(c)(2) that require the acquisition
of rights-of-way, track, or track structure to support the
development of new intercity passenger rail service routes.
The Committee remains concerned with the Department's slow
pace in selecting projects to receive funding appropriated in
fiscal year 2018, and in issuing the Notice of Funding
Opportunity (NOFO) for funding appropriated in fiscal year
2019. The Committee directs the Secretary to publish a NOFO for
fiscal year 2020 no later than 30 days after enactment of this
Act, to provide applicants 60 days to respond to the NOFO, and
to make awards to eligible grantees no later than 180 days
after enactment of this Act.
Positive Train Control (PTC).--As previously noted,
significant progress has been made by railroads, passenger
railroads, and commuter railroads to implement PTC, however,
challenges relating to software issues and PTC interoperability
continue to exist. The Committee is particularly encouraged by
the efforts of commuter railroads to implement PTC, and directs
FRA to continue to provide technical assistance to commuter
railroads as they move toward full implementation. The
Committee reminds FRA that the deployment of PTC is an eligible
project under section 22907(c)(1), and PTC eligibility is
expanded to include commuter railroads.
Inland ports of entry.--The Committee recognizes that
communities with high volume international inland ports on the
U.S.-Mexico border face unique transportation challenges caused
by international trade and international crossings. The
Committee encourages FRA to consider the impacts of these
freight movements, including traffic, highway-rail grade
crossings, congestion, and safety. Further, the Committee
directs FRA to report to the House and Senate Committees on
Appropriations within 60 days of enactment of this Act on the
impacts of freight movements at high volume international
inland ports of entry on traffic, highway-rail grade crossings,
congestion, and safety.
RESTORATION AND ENHANCEMENT GRANTS
Appropriation, fiscal year 2019....................... $5,000,000
Budget request, fiscal year 2020...................... 550,000,000
Recommended in the bill--............................. - - -
Bill compared with:
Appropriation, fiscal year 2019..................... -5,000,000
Budget request, fiscal year 2020.................... -550,000,000
The FAST Act authorized the Restoration and Enhancement
Grants program under section 11303. These grants provide
support for operating assistance and capital investments to
initiate, restore, or enhance intercity passenger rail service.
COMMITTEE RECOMMENDATION
The Committee strongly opposes the proposal in the budget
request to use the Restoration and Enhancement Grants program
to restructure Amtrak's long-distance service and require
States to take over the costs and responsibilities of this
service. Despite the proposal's phased approach, in the long-
term, the budget request would amount to shifting shared and
system-related costs onto state-supported routes which would
require States to contribute significantly more funding for
service on Amtrak's National Network. The Committee rejects
this proposal and provides strong funding for Amtrak to
continue to provide service through long-distance and state-
supported routes.
MAGNETIC LEVITATION TECHNOLOGY DEPLOYMENT PROGRAM
Appropriation, fiscal year 2019....................... $10,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 10,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +10,000,000
The Magnetic Levitation Technology Deployment (MAGLEV)
program is authorized under section 322 of title 23, United
States Code. The MAGLEV program funds transportation systems
that employ magnetic levitation and are capable of safe use by
the public at speeds in excess of 240 miles per hour.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $10,000,000 for the
MAGLEV program. These funds are available for preconstruction
planning activities and capital costs, and are available until
expended.
GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
(AMTRAK)
Amtrak was created by Congress in the Rail Passenger
Service Act of 1970 (P.L. 91-518) to operate intercity
passenger rail service, which was previously operated by
private railroads. Amtrak assumed the common carrier
obligations of the private railroads in exchange for the right
to priority access to their railroad tracks for an incremental
cost.
Today, Amtrak operates more than 300 trains each day to
more than 500 destinations in 46 States, the District of
Columbia, and Canada. About 72 percent of the miles traveled by
Amtrak trains are on tracks owned by other railroads, and
Amtrak owns 624 route-miles of its own track, most of which is
on the Northeast Corridor (NEC) from Washington, D.C. to
Boston, Massachusetts. In fiscal year 2018, Amtrak carried 31.7
million people on the NEC, state-supported routes, and long-
distance routes.
The FAST Act authorizes funding for Amtrak through fiscal
year 2020 for the Northeast Corridor and the National Network,
which encompasses Amtrak's state-supported and long-distance
routes, as well as other non-NEC activities.
The Committee recommendation provides $1,991,600,000 for
Amtrak. The Committee provides funding through the Northeast
Corridor Grants and National Network Grants accounts, which is
consistent with the FAST Act authorized structure.
Congressional budget justification.--The Committee
appreciates the level of detail in the fiscal year 2020 budget
justification and directs Amtrak to submit a justification with
a similar level of detail for fiscal year 2021.
Charter trains and private cars.--During fiscal year 2018,
Amtrak issued new guidelines for charter trains operated by
Amtrak and private cars on Amtrak trains. While the Committee
understands that these policy changes reflect Amtrak's mandate
to provide efficient, effective, and safe regularly scheduled
passenger rail service, the Committee remains concerned with
Amtrak's implementation and communication of these guidelines.
The Committee notes that Amtrak added a small number of
locations and trains to the list of eligible locations and
trains for private car moves in its January 1, 2019 update to
the Guidelines for Private Cars on Amtrak. Amtrak is directed
to continually review and evaluate the locations and trains
that may be eligible for private car moves. If additional
locations or trains meet Amtrak's criteria for private car
moves, then the Committee directs Amtrak to update the list of
eligible locations and trains and notify private car owners
accordingly. Further, the Committee is concerned that Amtrak
does not typically inform private car owners when a private car
caused a delay to an Amtrak train. The Committee encourages
Amtrak to establish a mechanism by which private car owners are
notified of such delays. This information could provide private
car owners opportunities to improve their operations and
processes.
In February 2019, the Amtrak Office of Inspector General
issued a report which found that Amtrak has failed to account
for the costs of operating the private car program. The
Committee agrees with the Inspector General's conclusions that
Amtrak cannot accurately assess and make informed decisions
about the private car program until Amtrak properly identifies
the costs of the program. These conclusions are particularly
concerning considering that Amtrak implemented two price
increases for the private car program prior to the report's
release. The Inspector General's recommendations include
identifying the cost of private car moves and long-term
parking, factoring this cost data into future decisions on
setting or adjusting prices, and establishing a financial and
performance reporting system. As Amtrak works to comply with
these recommendations, the Committee directs Amtrak to engage
with private car owners and associations on the identified
costs, the analysis of recent price increases, the reductions
in locations and trains eligible for private car moves, and any
new potential revised pricing. The Committee directs Amtrak to
submit a report to the House and Senate Committees on
Appropriations within 90 days of enactment of this Act
detailing its plan to standardize the cost and revenue analysis
for the private car program. Further, Amtrak is directed to
include an updated report on charter train and private car
policies in Amtrak's fiscal year 2021 budget justification. The
Committee acknowledges that certain information may be
commercially sensitive and cannot be made public. Therefore,
the Committee directs Amtrak to provide such information
through briefings to the Committees.
Station agents.--The Committee directs Amtrak to provide a
station agent in each Amtrak station that had a ticket agent
position eliminated in fiscal year 2018. Station agents assist
passengers with their intercity passenger rail travel, conduct
the sale of tickets, provide customer service during all hours
that a station is open, and perform building maintenance
duties. Amtrak is directed to improve communication and
collaboration with local partners and take into consideration
the unique needs of each community, including impacts to local
jobs, when making decisions related to the staffing of Amtrak
stations.
Amtrak Police Department.--The Amtrak Police Department has
the responsibility of protecting Amtrak's passengers,
employees, property, and infrastructure. The Committee
understands Amtrak intends to initiate changes to the Amtrak
Police Department beginning June 1, 2019, which could include
reducing staffing at Amtrak stations and redeploying police
officers to patrol areas with increasing rates of criminal
activity, including on trains and rights-of-way owned by
Amtrak. While the Committee appreciates Amtrak's efforts to
increase safety by deploying resources to where incidents are
occurring, the Committee is concerned that these changes could
result in a reduction in the overall police force in the long-
term. Maintaining a high level of safety at Amtrak stations and
on trains is critical to the traveling public and to local,
regional, and national security. Therefore, the Committee
recommendation prevents Amtrak from reducing the size of the
Amtrak Police Department below the staffing level on May 1,
2019.
Communication with stakeholders.--The Committee recognizes
Amtrak's efforts to increase its revenues, reduce its operating
losses, and provide a more modern customer experience for its
ridership. However, the Committee is concerned that Amtrak
continues to make and implement changes to operations and
services without providing the public or its employees adequate
time to understand proposed changes and provide feedback.
Amtrak has made changes to policies and procedures relating to
charter trains, private cars, station agents, call centers,
food and beverage service, and law enforcement, all of which
have impacts on its ridership, employees, and communities.
Therefore, the Committee directs Amtrak to increase engagement
with customers, employees, stakeholders, and the public on
proposals to change operations and services, including
providing an opportunity to comment on policies prior to
finalizing decisions.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
Appropriation, fiscal year 2019....................... $650,000,000
Budget request, fiscal year 2020...................... 325,466,000
Recommended in the bill............................... 700,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +50,000,000
Budget request, fiscal year 2020.................... +374,534,000
COMMITTEE RECOMMENDATION
The Committee recommendation provides $700,000,000 for
Northeast Corridor Grants to Amtrak for operating and capital
purposes. In addition to this funding, the Northeast Corridor
retains its operating profits for use on the corridor. This
funding level provides $5,000,000 to the Northeast Corridor
Commission established under section 24905 of title 49, United
States Code.
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION
Appropriation, fiscal year 2019....................... $1,291,600,000
Budget request, fiscal year 2020...................... 611,000,000
Recommended in the bill............................... 1,291,600,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +680,600,000
COMMITTEE RECOMMENDATION
The Committee recommendation provides $1,291,600,000 for
National Network Grants to Amtrak. This funding supports
operating and capital activities for Amtrak's long-distance and
state-supported routes, and other non-Northeast Corridor
activities. This funding level provides $2,000,000 to the
State-Supported Route Committee established under section 24712
of title 49, United States Code.
National Network changes.--The Committee understands Amtrak
is conducting a review of its existing service on long-distance
and state-supported routes. This analysis could result in
changes to the National Network which places greater emphasis
on short corridor service of 400 miles or less, increases
frequencies on existing routes, and establishes new routes
through city pairings that are currently underserved or not
served by Amtrak. While the Committee understands Amtrak's
efforts are intended to address changing demographics and
travel trends, such proposals could have unintended
consequences for long-distance customers, especially in rural
and small communities where passenger rail serves as an
important mobility option and economic driver. The Committee
directs Amtrak to conduct comprehensive outreach and
consultation with State and local governments, the State-
Supported Route Committee, its employees, communities,
passenger rail organizations, railroads, and the public on any
potential changes to the National Network. Amtrak must engage
in an open and transparent process which encompasses anyone who
could be impacted, positively or negatively, by such proposals.
The Committee strongly reminds Amtrak that section 24701 of
title 49, United States Code, requires Amtrak to operate a
national passenger rail system. Further, the Committee directs
Amtrak to seek any potential changes to the National Network
through the reauthorization of the FAST Act, and urges Amtrak
to ensure any such proposals also increase ridership in rural
areas and improve service for long-distance customers.
On-time performance.--As previously stated, the Committee
is concerned with Amtrak's on-time performance for long-
distance and state-supported routes. The Committee notes that
under Federal law, host railroads are required to grant Amtrak
trains priority over freight trains and Amtrak in turn is
required to pay fees for its use. In fiscal year 2018, Amtrak
paid host railroads approximately $150,000,000 for use of their
tracks, performance, and other resources needed to operate
Amtrak trains. According to Amtrak's Host Railroad Report Card,
the grades host railroads received based on delays caused to
Amtrak trains in 2018 ranged from an ``A'' to an ``F,'' with
the average grade for all host railroads being a ``C.'' The
Committee urges Amtrak to continue engaging with railroads to
improve on-time performance for long-distance and state-
supported routes. Further, the Committee looks forward to
receiving the Amtrak Inspector General's update of the 2008 DOT
Inspector General report titled ``Effects of Amtrak's Poor on-
time Performance.''
ADMINISTRATIVE PROVISIONS--FEDERAL RAILROAD ADMINISTRATION
Section 150 limits overtime to $35,000 per employee, and
allows Amtrak's president to waive this restriction for
specific employees for safety or operational efficiency
reasons. It also requires Amtrak to submit a report to the
House and Senate Committees on Appropriations within 60 days of
enactment of this Act summarizing overtime payments incurred by
Amtrak for calendar year 2019 and the three prior years. The
summary shall include the total number of employees that
received waivers, and total overtime payments paid to employees
receiving waivers for each month for 2019 and the prior three
calendar years.
Section 151 includes a prohibition relating to reducing the
size of the Amtrak Police Department below the staffing levels
on May 1, 2019.
Federal Transit Administration
The Federal Transit Administration (FTA) was established as
a component of the Department of Transportation on July 1,
1968, when most of the functions and programs under the Federal
Transit Act (78 Stat. 302; 49 U.S.C. 1601 et seq.) were
transferred from the Department of Housing and Urban
Development. Known as the Urban Mass Transportation
Administration until enactment of the Intermodal Surface
Transportation Efficiency Act of 1991, the FTA administers
Federal financial assistance programs for planning, developing,
and improving comprehensive mass transportation systems in both
urban and non-urban areas.
The most recent authorization for the programs under FTA is
contained in the Fixing America's Surface Transportation (FAST)
Act (P.L. 114-94). Annual appropriations Acts include annual
limitations on obligations for the transit formula grants
programs, and direct appropriations of budget authority from
the general fund of the Treasury for FTA's administrative
expenses, some research programs, and capital investment
grants.
ADMINISTRATIVE EXPENSES
Appropriation, fiscal year 2019....................... $113,165,000
Budget request, fiscal year 2020...................... 110,552,000
Recommended in the bill............................... 117,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +3,835,000
Budget request, fiscal year 2020.................... +6,448,000
The FTA administers Federal financial assistance programs
for planning, developing, and improving comprehensive mass
transportation systems in both urban and non-urban areas. This
appropriation provides, from the general fund of the Treasury,
amounts for the administrative expenses of the agency.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $117,000,000 for FTA's
administrative expenses. The Committee's recommendation
provides these funds from the general fund, as usual.
Operating plans.--The Committee reiterates its direction
from previous years, which requires the FTA's operating plan to
include a specific allocation of resources for administrative
expenses. The operating plan should include a delineation of
full-time equivalent employees for the following offices:
Office of the Administrator; Office of Administration; Office
of Chief Counsel; Office of Communications and Congressional
Affairs; Office of Program Management; Office of Budget and
Policy; Office of Research, Demonstration and Innovation;
Office of Civil Rights; Office of Planning and Environment;
Office of Safety and Oversight; and Regional Offices. Further,
the operating plan must include any new programs or changes to
the budget request, including new grant programs. In addition,
except in the case of reallocating resources subsequent to a
Presidentially declared disaster under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, (P.L. 100-707)
(1988), the Committee directs FTA to notify the House and
Senate Committees on Appropriations at least thirty days in
advance of any change that results in an increase or decrease
of more than ten percent from the initial operating plan
submitted to the Committees for fiscal year 2020.
Budget justifications.--The Committee strongly encourages
FTA to maintain the format and content in the fiscal year 2021
documents.
Annual new starts report.--The Committee has again included
bill language requiring FTA to submit the annual new starts
report with the initial submission of the budget request due in
February 2020.
Full funding grant agreements (FFGAs).--Title 49 requires
that FTA notify the House and Senate Committees on
Appropriations as well as the House Committee on Transportation
and Infrastructure and the Senate Committee on Banking, Housing
and Urban Affairs sixty days before executing a FFGA. In its
notification to the House and Senate Committees on
Appropriations, the Committee directs FTA to include the
following: (1) a copy of the proposed FFGA; (2) the total and
annual Federal appropriations required for that project; (3)
yearly and total Federal appropriations that can be reasonably
planned or anticipated for future FFGAs for each fiscal year
through 2023; (4) a detailed analysis of annual commitments for
current and anticipated FFGAs against the program
authorization, by individual project; (5) a financial analysis
of the project's cost and the sponsor's ability to finance the
project, which shall be conducted by an independent examiner,
and which shall include an assessment of the capital cost
estimate and the finance plan; (6) the source and security of
all public- and private-sector financial instruments; (7) the
project's operating plan, which enumerates the project's future
revenue and ridership forecasts; and (8) a listing of all
planned contingencies and possible risks associated with the
project.
The Committee continues to direct FTA to inform the House
and Senate Committees on Appropriations in writing thirty days
before approving schedule, scope, or budget changes to any
FFGA. Correspondence relating to changes shall include any
budget revisions or program changes that materially alter the
project as originally stipulated in the FFGA, including any
proposed change in rail car procurements.
In addition, the Committee directs FTA to continue
reporting monthly to the House and Senate Committees on
Appropriations on the status of each project with a FFGA or
that is within two years of a FFGA, and to include a list of
all letters of no prejudice and early systems work agreements
under review by the FTA in each monthly update.
Staffing allocations.--The Committee provides $117,000,000
for FTA's administrative resources. The Committee directs FTA
to use the additional administrative resources above the budget
request for staffing needs in areas that represent
Congressional priorities including Capital Investment Grants,
safety oversight, and grants allocation and distribution.
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
------------------------------------------------------------------------
Liquidation of Limitation on
contract authority obligations
------------------------------------------------------------------------
Appropriation, fiscal year $9,900,000,000 $9,939,380,000
2019.......................
Budget request, fiscal year 10,800,000,000 10,150,348,462
2020.......................
Recommended in the bill..... 10,800,000,000 10,150,348,462
Bill compared with:
Appropriation, fiscal year +900,000,000 +210,968,462
2019.......................
Budget request, fiscal - - - - - -
year 2020..................
------------------------------------------------------------------------
The FAST Act provides contract authority for the transit
formula grant programs funded from the mass transit account of
the Highway Trust Fund. These programs include: urbanized area
formula grants, state of good repair grants, formula grants for
rural areas, growing states and high-density states, mobility
for seniors and persons with disabilities, buses and bus
facilities grants, bus testing facilities, planning programs,
transit-oriented development, a pilot program for enhanced
mobility, public transportation innovation, technical
assistance and workforce development, and the National Transit
Database. This Act sets an annual obligation limitation for
such authority and provides liquidating cash. This account is
the only FTA account funded from the Highway Trust Fund.
COMMITTEE RECOMMENDATION
The Committee recommends an obligation limitation of
$10,150,348,462 for formula program and activities. The
Committee's recommendation also includes $10,800,000,000 in
liquidating cash.
Buses and bus facilities.--The Committee supports the FAST
Act's inclusion of competitive grants in the buses and bus
facilities grant program and encourages FTA to follow the
guidance set forth in the FAST Act when developing selection
criteria for the program. Consistent with section 3017 of the
FAST Act, the age and condition of buses, bus fleets, related
equipment, and bus-related facilities should be the primary
consideration for selection criteria. The amounts provided
under this heading are in addition to the $389,000,000 provided
under the heading ``Transit Infrastructure Grants.''
Low or No Emission buses.--The Committee is pleased by the
interest in low and no emission buses nationwide and provides
funds both under this heading and the heading ``Transit
Infrastructure Grants'' for FTA to continue the competitive
grant program authorized in the FAST Act. As part of the
criteria for the next Notice of Funding Opportunity, the
Committee encourages the FTA to include evaluation criteria
that considers the number of electric buses the applicant
currently has in revenue service. The Committee provides a
total of $149,000,000 in this Act for the Low or No Emission
bus program.
Transit-oriented development.--The Committee is concerned
with urban sprawl and overwhelming traffic in areas with high
population density. The Committee encourages the Secretary to
carry out the pilot programs authorized under section 20005(b)
of MAP-21 which encourage transit planning that connects
housing, jobs, and mixed-use development with transportation
options. Of the amounts provided under this heading, the
Committee recommends FTA use no less than $10,000,000 to carry-
out a competitive pilot program as directed in Section 3016 of
the FAST Act.
Altoona bus testing facility.--The Committee supports the
ongoing work of FTA's bus testing facility in Altoona, PA and
the Committee provides a total of $4,000,000 for the facility
under this heading and the heading ``Transit Infrastructure
Grants.'' The facility ensures the safety and reliability of
new transit buses and ensures that buses purchased by local
transit agencies meet minimum performance standards, increasing
the safety of the transit-riding public.
Enhanced mobility of seniors and individuals with
disabilities.--The Committee believes that removing barriers to
transportation service and expanding transportation mobility
options for seniors and individuals with disabilities is
important. The Committee provides $285,000,000 for
transportation services for seniors and individuals with
disabilities as authorized under section 49 U.S.C. 5310.
Tribal transit program.--The primary purpose of these
grants is to support planning, capital, and, in limited
circumstances, operating assistance for tribal public transit
services. Consistent with the FAST Act, the Committee provides
$30,000,000 in formula funds and $5,000,000 in competitive
grants.
Homeless families.--The Committee recognizes that the lack
of affordable housing is resulting in increasing numbers of
homeless individuals and families using public transit systems
for shelter. The Committee encourages HUD's Office of Community
Planning and Development, together with the FTA, to collaborate
with local transit agencies and homelessness stakeholders to
develop collaborative, multi-sectoral strategies and models to
address the needs of transit systems and homeless populations
using transit for shelter.
TRANSIT INFRASTRUCTURE GRANTS
Appropriation, fiscal year 2019....................... $700,000,000
Budget request, fiscal year 2020...................... 500,000,000
Recommended in the bill............................... 750,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +50,000,000
Budget request, fiscal year 2020.................... +250,000,000
The FAST Act provides contract authority for the transit
formula grants program from the mass transit account of the
Highway Trust Fund. This account provides additional funds from
the general fund of the Treasury for important transit
priorities authorized under chapter 53 of title 49, United
States Code and for grants to areas which have endured
persistent poverty.
COMMITTEE RECOMMENDATION
The Committee recommends an additional $750,000,000 in
transit infrastructure grants to remain available until
expended. The following table provides funding levels for
activities within this account:
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Buses and Bus Facilities.... $500,000,000 $389,000,000
Low or No Emission Bus - - - 94,000,000
Program....................
State of Good Repair Formula - - - 250,000,000
Funds......................
Altoona Bus Testing......... - - - 1,000,000
Low or No Bus Testing....... - - - 6,000,000
Persistent Poverty areas.... - - - 10,000,000
-------------------------------------------
Total................... 500,000,000 750,000,000
------------------------------------------------------------------------
TECHNICAL ASSISTANCE AND TRAINING
Appropriation, fiscal year 2019....................... $5,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +5,000,000
The FAST Act authorizes FTA to provide technical assistance
under section 5314 of title 49 United States Code for human
resource and training activities as well as workforce
development programs.
COMMITTEE RECOMMENDATION
The Committee recommends $5,000,000 for Technical
Assistance and Training authorized under section 5314(a)(2)
Title 49. In addition to the directly appropriated funds under
this heading, another $9,000,000 is provided through the
obligation limitation under the header ``Transit Formula
Grants''.
CAPITAL INVESTMENT GRANTS
Appropriation, fiscal year 2019....................... $2,552,687,000
Budget request, fiscal year 2020...................... 1,505,190,000
Recommended in the bill............................... 2,301,785,760
Bill compared with:
Appropriation, fiscal year 2019..................... -250,901,240
Budget request, fiscal year 2020.................... +796,596,760
Grants for capital investment to rail or other fixed
guideway transit systems are awarded to public bodies and
agencies including States, municipalities, other political
subdivisions of States; public agencies and instrumentalities
of one or more States; and certain public corporations, boards
and commissions under State law.
COMMITTEE RECOMMENDATION
The Committee recommends $2,301,785,760 for Capital
Investment Grants, consistent with the levels authorized in the
FAST Act. The following table provides funding levels for
activities within this account:
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
New Starts Projects with a $795,290,221 $795,290,221
current FFGA...................
New Starts Projects without a - - - 702,709,779
current FFGA...................
Core Capacity................... 200,000,000 300,000,000
Small Starts.................... - - - 430,768,910
Expedited Project Delivery...... - - - 50,000,000
Oversight (1%).................. 15,051,900 23,016,850
Other........................... 494,847,879 - - -
---------------------------------------
Total....................... 1,505,190,000 2,301,785,760
------------------------------------------------------------------------
The Committee is gravely concerned about the execution of
the Capital Investment Grant program and directs the Secretary
to carry out the program in accordance with the will of
Congress. The Committee notes with dismay that FTA signed only
one New Starts Full-Funding grant agreement (FFGA) in 2018, no
Core Capacity project FFGAs and that the vast majority of FFGAs
have been Small Starts projects. The recommendation provides
parameters to guide FTA in operating the program in order to
advance projects that would enhance American competitiveness
and commerce but which have been unable to progress through the
FFGA process despite Congressional intent.
The Committee directs FTA to continue to update the
Committee on the status of projects that are in the current
funding pipeline. The Committee directs FTA to proactively work
with applicants and grantees to facilitate projects moving
through the Capital Investment Grant pipeline and towards a
FFGA. FTA is directed to evaluate, rate, and recommend projects
for funding, and subsequently award grants to projects that
meet the statutory requirements of 49 U.S.C. 5309. The
Committee encourages FTA to fully consider Small Starts
projects that would include stations that serve one or more
Opportunity Zones, as defined in Public-Law 115-97. The
Committee further directs that FTA may provide funding for
projects without a FFGA. Funding is provided for projects that
currently have executed grant agreements, and for projects that
have met the statutory requirements of 49 U.S.C. 5309 and that
are anticipating grant agreements in 2020.
The Committee directs FTA to enter into FFGAs in which the
maximum Capital Investment Grant share is between 50 percent
and 80 percent of the net project cost, except at the direct
request of the project sponsor. The Committee also directs the
Secretary to provide notice to the House and Senate Committees
on Appropriations not less than 90 days prior to altering or
rescinding any rule, circular, or guidance relating to the
evaluation, rating, and approval process pursuant to 49 U.S.C.
5309.
The Committee directs the Secretary to submit the fiscal
year 2021 annual report on funding recommendations as required
by 49 U.S.C. 5309, and directs the Secretary to maintain the
Federal funding commitments for all existing grant agreements
and to identify all projects with a medium or higher rating
that anticipate requesting a grant agreement in fiscal year
2021.
Expedited Project Delivery Pilot Program.--The Expedited
Project Delivery Pilot Program was authorized by the FAST Act.
The program is aimed at expediting delivery of new fixed
guideway capital projects, small starts projects, or core
capacity improvement projects that utilize public-private
partnerships, are planned to be operated and maintained by
employees of an existing public transportation provider, and
have a Federal share not exceeding 25 percent of the project
cost. It is also aimed at increasing innovation, improving
efficiency and timeliness of project implementation, and
encouraging new revenue streams. The Committee provides an
additional $50,000,000 for the pilot program.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY
Appropriation, fiscal year 2019....................... $150,000,000
Budget request, fiscal year 2020...................... 150,000,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
This program provides grants to the Washington Metropolitan
Area Transit Authority (WMATA) for capital investment and asset
rehabilitation activities as authorized by the Federal Rail
Safety Improvements Act of 2008 (Public Law 110-432, Title VI,
Section 601). These funds, along with funds provided under
FTA's core formula programs, will help return the system to a
state of good repair and improve the safety and reliability of
service. Federal funds provided under this account are matched
dollar-for-dollar by Virginia, Maryland, and the District of
Columbia in equal proportions.
COMMITTEE RECOMMENDATION
The Committee recommends $150,000,000 for grants to WMATA,
equal to last year's enacted level.
The Committee believes that the safe and reliable operation
of WMATA is important to the operation of the Federal
government and supports continued funding. Federal employees
represent approximately 40 percent of Metrorail's peak period
ridership, and more than one-third of all Metrorail stations
are located on Federal property. Recognizing the essential role
that WMATA plays in transporting Federal employees daily and
millions of visitors to the Nation's capital annually, the
Committee provides ongoing support for projects that support
safe operation of the transit system. The Committee directs
WMATA to continue addressing the safety issues within the
system and to use Federal, State and local funds to improve and
maintain the state of good repair of the Metrorail system.
The Committee applauds WMATA for including cybersecurity
requirements in the request for proposals that they have issued
for the 8000 series rail cars. As systems for controlling
various modes of transportation become more complex, the
Committee is concerned about the security of transportation and
the safety of the traveling public. Security vulnerabilities
can be inadvertently introduced when customers do not specify
appropriate security attributes in the procurement process. As
a result, the Committee directs WMATA to comply with practices
for control system procurement recommended by the Department of
Homeland Security's National Cybersecurity and Communications
Integration Center.
ADMINISTRATIVE PROVISIONS--FEDERAL TRANSIT ADMINISTRATION
Section 160 continues the provision that exempts previously
made transit obligations from limitations on obligations.
Section 161 allows funds appropriated for Capital
Investment Grants and buses and bus facilities not obligated by
September 30, 2024, plus other recoveries, to be available for
other projects under 49 U.S.C. 5309.
Section 162 continues the provision that allows for the
transfer of prior year appropriations from older accounts to be
merged into new accounts with similar, current activities.
Section 163 changes the date, to September 30, 2020, by
which funds provided for Capital Investment Grants provided in
fiscal year 2018 must be obligated.
Section 164 prohibits FTA from using any funds to finalize
the Capital Investment Grant share of a project before the
project has been in Engineering. FTA is also prohibited, for
projects in the program on the date of enactment of this Act,
from requiring a reasonable cost estimate, by an applicant, to
exceed a 50 percent probability of on-budget completion. In
addition, FTA is prohibited from applying the provision in 26
U.S.C. 9503(e)(4) for fiscal year 2020.
Section 165 allows certain recipients of Low or No Emission
Bus Grants to continue to partner with non-profits and
companies as part of their grant applications.
Saint Lawrence Seaway Development Corporation
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
Appropriation, fiscal year 2019....................... $36,000,000
Budget request, fiscal year 2020...................... 28,000,000
Recommended in the bill............................... 40,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +4,000,000
Budget request, fiscal year 2020.................... +12,000,000
The Great Lakes Saint Lawrence Seaway System, located
between Montreal and Lake Erie, is a binational, 15-lock system
jointly operated by the U.S. Saint Lawrence Seaway Development
Corporation (SLSDC) and its Canadian counterpart, the Canadian
St. Lawrence Seaway Management Corporation. The SLSDC was
established by the St. Lawrence Seaway Act of 1954 and is a
wholly owned government corporation and an operating
administration of the U.S. Department of Transportation. The
SLSDC is charged with operating and maintaining the U.S.
portion of the St. Lawrence Seaway. This responsibility
includes the two U.S. locks in Massena, New York, vessel
traffic control in portions of the St. Lawrence River and Lake
Ontario, and trade development functions to enhance the
utilization of the St. Lawrence Seaway.
The Water Resources Development Act of 1986 authorized the
Harbor Maintenance Trust Fund as a source of appropriations for
SLSDC operations and maintenance. Additionally, the SLSDC
generates non-Federal revenues which can then be used for
operations and maintenance.
COMMITTEE RECOMMENDATION
The Committee recommends $40,000,000 to fund the
operations, maintenance, and capital asset renewal needs of the
SLSDC. Not less than $16,000,000 shall be used for capital
asset renewal activities.
The recommendation includes $4,000,000 in additional
resources for market development and promotion of the Great
Lakes navigation system, to be carried out in cooperation with
system stakeholders. These resources may be used to enhance and
expand existing marketing efforts, conduct market research, to
support marketing initiatives and trade promotion with the goal
of growing the volume of waterborne commerce and passenger
cruise activity on the system, or to update signage for the
Seaway.
Maritime Administration
The Maritime Administration (MARAD) is responsible for
strengthening the U.S. maritime industry in support of the
Nation's security and economic needs, as authorized by the
Merchant Marine Act of 1936. MARAD's mission is to promote the
development and maintenance of a U.S. merchant marine
sufficient to carry the Nation's waterborne domestic commerce
and a substantial portion of its waterborne foreign commerce,
and to serve as a naval and military auxiliary in time of war
or national emergency.
MARAD, working with the Department of Defense (DoD),
provides a seamless, time-phased transition from peacetime to
wartime operations, while balancing the defense and commercial
elements of the maritime transportation system. MARAD also
manages the maritime security program, the voluntary intermodal
sealift agreement program, and the ready reserve force, which
assures DoD access to commercial and strategic sealift and
associated intermodal capability. Further, MARAD's education
and training programs through the U.S. Merchant Marine Academy
and six state maritime academies help create skilled U.S.
merchant marine officers.
MARITIME SECURITY PROGRAM
Appropriation, fiscal year 2019....................... $300,000,000
Budget request, fiscal year 2020...................... 300,000,000
Recommended in the bill............................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
The purpose of the maritime security program (MSP) is to
maintain and preserve a U.S. flag merchant fleet to serve the
national security needs of the United States. The MSP provides
direct payments to U.S. flagship operators engaged in U.S.-
foreign trade. Participating operators are required to keep the
vessels in active commercial service and are required to
provide intermodal sealift support to the DoD in times of war
or national emergency.
COMMITTEE RECOMMENDATION
The Committee recommends $300,000,000 for the maritime
security program, consistent with the authorized funding level.
Funds are available until expended.
OPERATIONS AND TRAINING
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2019....................... $149,442,000
Budget request, fiscal year 2020...................... 377,497,000
Recommended in the bill............................... 154,442,000
Bill compared with:
Appropriation, fiscal year 2019..................... +5,000,000
Budget request, fiscal year 2020.................... -223,055,000
The operations and training account provides funding for
headquarters and field offices to administer and direct MARAD
operations and programs as well as the operation of the U.S.
Merchant Marine Academy.
COMMITTEE RECOMMENDATION
The Committee recommends $154,442,000 for MARAD operations
and training expenses, available until September 30, 2021. The
following table provides funding levels for activities within
this account.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
USMMA Operations.................... $77,944,000 $77,944,000
USMMA Capital....................... 4,000,000 5,225,000
MARAD Headquarters.................. 53,273,000 53,273,000
Marine Enviro. & Tech. Assistance... - - - 3,000,000
Short Sea Transportation Program.... - - - 15,000,000
-----------------------------------
TOTAL........................... 135,217,000 154,442,000
------------------------------------------------------------------------
The Committee continues the reporting requirement that
MARAD submit information on the number of vacancies at MARAD
headquarters and regional offices, and the duties associated
with each vacancy concurrent with the fiscal year 2021 budget
submission.
Capital planning at the United States Merchant Marine
Academy (USMMA).--The Committee directs the Administrator of
the Maritime Administration, in conjunction with the National
Academy of Public Administration, to provide a report to
Congress on the state of the education and training provided at
the USMMA within 180 days of enactment of the Act. The report
should include an assessment of the training equipment,
technology and facilities on the USMMA campus, as well as the
resources supporting the programs, and an assessment of the
condition of those resources. The report should be made
available in an electronic format.
Sexual assault and sexual harassment at the USMMA.--P.L.
116-6 directed MARAD to provide the Committee with copies of
reports required under sections 3508 and 3509 of P.L. 115-232.
The recommendation includes additional resources for USMMA
operations, and the Committee directs the USMMA to fully staff
the Sexual Assault Prevention and Response Office.
Shipyards.--Due to the lack of available private shipyard
facilities and the extended time to relocate vessels and
assets, there is a backlog of maintenance, repair and
modernization projects which may impair maritime commerce and
national security. To avoid displacement, costs, and impacts on
east coast and west coast-based vessels and personnel, the
Committee encourages MARAD to continue utilizing privately
owned shipyards for National Defense Reserve Fleet and Ready
Reserve Fleet maintenance, repair and modernization. The
Committee also encourages MARAD to compile a list of available
shipyards and to share such a list with other government
partners.
STATE MARITIME ACADEMY OPERATIONS
Appropriation, fiscal year 2019....................... $345,200,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 345,200,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +345,200,000
The state maritime academy operations account provides
financial assistance to the six state maritime academies.
COMMITTEE RECOMMENDATION
The Committee recommends $345,200,000 for state maritime
academy (SMA) operations. The following table provides funding
levels for activities within this account.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Schoolship Maintenance and Repair... $30,080,000 $33,000,000
Training Vessel Sharing......... [8,060,000] [8,060,000]
Schoolship Construction............. 205,000,000 300,000,000
Student Incentive Program........... 2,400,000 2,400,000
Fuel Assistance Payments............ 1,800,000 3,800,000
Direct Payments for SMAs............ 3,000,000 6,000,000
-----------------------------------
TOTAL........................... 242,280,000 345,200,000
------------------------------------------------------------------------
Schoolship construction.--The recommendation includes
$300,000,000 for the construction of a new schoolship in the
National Security Multi-Mission Vessel Program. The
recommendation does not include funding for the schoolship
replacement program proposed in the budget request.
ASSISTANCE TO SMALL SHIPYARDS
Appropriation, fiscal year 2019....................... $20,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 20,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +20,000,000
As authorized under section 54101 of title 46, United
States Code, the Assistance to Small Shipyards program provides
assistance in the form of grants, loans, and loan guarantees to
small shipyards for capital improvements and training programs.
COMMITTEE RECOMMENDATION
The Committee recommends $20,000,000 for the Assistance to
Small Shipyards program. Funds are available until expended.
SHIP DISPOSAL
Appropriation, fiscal year 2019....................... $5,000,000
Budget request, fiscal year 2020...................... 5,000,000
Recommended in the bill............................... 5,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
MARAD serves as the Federal government's disposal agent for
government-owned merchant vessels weighing 1,500 gross tons or
more. The ship disposal program provides resources to dispose
of obsolete merchant-type vessels in the National Defense
Reserve Fleet. These vessels pose a significant environmental
threat due to the presence of hazardous substances such as
asbestos and solid and liquid polychlorinated biphenyls.
COMMITTEE RECOMMENDATION
The Committee recommends $5,000,000 for ship disposal
activities. The recommendation includes $3,000,000 to maintain
the NS Savannah in protective storage in accordance with the
Nuclear Regulatory Commission's license requirements while it
is being disposed. Funds are available until expended.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2019....................... $3,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... +3,000,000
The maritime guaranteed loan program, as provided for by
Title XI of the Merchant Marine Act of 1936, provides for
guaranteed loans for purchasers of ships from the U.S.
shipbuilding industry and for modernization of U.S. shipyards.
COMMITTEE RECOMMENDATION
The Committee recommends $3,000,000 for the administrative
expenses of the maritime guaranteed loan program.
PORT INFRASTRUCTURE DEVELOPMENT PROGRAM
Appropriation, fiscal year 2019....................... $292,730,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 225,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... -67,730,000
Budget request, fiscal year 2020.................... +225,000,000
The purpose of the Port Infrastructure Development Program
(46 U.S.C. 50302) is to improve port facilities and the
transportation networks and flows of cargo in, around, and
through ports. Port authorities, States and local government,
and publicly chartered entities are eligible to apply for
grants.
COMMITTEE RECOMMENDATION
The Committee recommends $225,000,000 for the Port
Infrastructure Development Program. Funds are available until
expended.
The Committee directs MARAD to provide grants for
infrastructure improvement projects for coastal seaports and
ports on the Great Lakes that are either within the port's
boundary, or outside its boundary if the project directly
relates to port operations, or to an intermodal connection to a
port that improves the safety, efficiency, or reliability of
the movement of goods into, out of, or around the port.
Eligible projects include, but are not limited to, highway or
rail infrastructure that develops or extends intermodal
connectivity, intermodal facilities, marine terminal equipment,
wharf construction or redevelopment, vessel alternative fueling
access and distribution, fuel efficient cargo handling
equipment, and freight intelligent transportation systems. The
recommendation includes a prohibition on purchasing fully-
automated cargo handling equipment with grants made through the
program.
ADMINISTRATIVE PROVISIONS--MARITIME ADMINISTRATION
Section 170 authorizes MARAD to furnish utilities and
services and to make necessary repairs in connection with any
lease, contract, or occupancy involving government property
under control of MARAD and allows payments received to be
credited to the Treasury and to remain available until
expended.
Pipeline and Hazardous Materials Safety Administration
The Pipeline and Hazardous Materials Safety Administration
(PHMSA) administers nationwide safety programs designed to
protect the public and the environment from risks inherent in
the commercial transportation of hazardous materials by
pipeline, air, rail, vessel, and highway. Many of these
materials are essential to the national economy. PHMSA's
highest priority is safety, and it uses safety management
principles and security assessments to promote the safe
transport of hazardous materials and the security of the
Nation's pipelines.
OPERATIONAL EXPENSES
Appropriation, fiscal year 2019....................... $23,710,000
Budget request, fiscal year 2020...................... 24,215,000
Recommended in the bill............................... 23,710,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... -505,000
This appropriation finances the operational support costs
for PHMSA, including agency-wide functions of administration,
management, policy development, legal counsel, budget,
financial management, civil rights, human resources,
acquisition services, information technology, and governmental
and public affairs.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $23,710,000 for PHMSA
operational expenses, of which $1,500,000 shall be for the
Pipeline Safety Information Grants to Communities program. The
recommendation does not include the proposal in the budget
request to combine the Community Safety Grant and Pipeline
Safety Information Grants to Communities programs.
Pipeline safety rulemakings.--Pipeline incidents have
increased nearly two-fold from 1999 to 2018. In response,
Congress required PHMSA to establish regulations to improve
pipeline safety in the Pipeline Safety, Regulatory Certainty,
and Job Creation Act of 2011 (P.L. 112-90). PHMSA issued a
notice of proposed rulemaking on the Safety of Hazardous Liquid
Pipelines in October 2015 and on the Safety of Gas Transmission
and Gathering Pipelines in April 2016. The Committee notes with
concern that to date PHMSA has not issued final rules for
either of these rulemakings. The Committee directs PHMSA to
issue final rules on the Safety of Hazardous Liquid Pipelines
and the Safety of Gas Transmission and Gathering Pipelines
within 180 days of enactment of this Act.
The Pipeline Safety Act of 2011 also required PHMSA to
establish regulations on the use of automatic and remote-
controlled shut-off valves on transmission pipeline facilities
and hazardous liquid pipeline facilities leak detection
systems. To date PHMSA has not issued a notice of proposed
rulemaking on these mandates. The Committee directs PHMSA to
initiate a rulemaking within 90 days of enactment of this Act
and to issue a final rule no later than one year after
enactment of this Act.
To assist PHMSA in executing these regulatory actions, the
Committee recommendation provides $715,000 for regulatory staff
positions and contractor support, as requested, and directs
PHMSA to utilize these resources to expedite compliance with
overdue Congressional mandates.
HAZARDOUS MATERIALS SAFETY
Appropriation, fiscal year 2019....................... $58,000,000
Budget request, fiscal year 2020...................... 53,000,000
Recommended in the bill............................... 61,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +3,000,000
Budget request, fiscal year 2020.................... +8,000,000
The Hazardous Materials Safety program advances the safe
and secure transport of hazardous materials (hazmat) in
commerce by air, truck, rail, and vessel. PHMSA evaluates
hazmat safety risks, develops and enforces regulations for
transporting hazmat, educates shippers and carriers,
investigates hazmat incidents and failures, conducts research,
and provides grants to improve emergency response to
transportation incidents involving hazmat.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $61,000,000 for the
Hazardous Materials Safety program. This funding level supports
PHMSA's existing hazardous materials safety program, including
the safe transportation of energy products, and provides
$2,000,000 for the Community Safety Grant program.
LNG by rail.--A petition was filed with PHMSA to develop
standards for the bulk transportation of liquified natural gas
(LNG) in rail tank cars in 2017, and PHMSA accepted this
petition in 2018. The transportation of LNG in rail tank cars
poses new and different risks to the public, environment, and
property. The Committee is deeply concerned with the aggressive
timeline established in Executive Order 13868 for the
Department to finalize a rulemaking on LNG by rail within 13
months of April 10, 2019. This artificial timeline would
prevent PHMSA, in coordination with the Federal Railroad
Administration, from thoroughly accessing and evaluating the
safety risks associated with the transportation of LNG in rail
tank cars. Therefore, the Committee directs PHMSA to enter into
an agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study through the
Transportation Research Board on the transportation of LNG in
rail tank cars. This study should address different
transportation scenarios, including a freight train carrying
individual LNG tank cars, multiple LNG tank cars, and a unit
train of LNG tank cars; release events; hazards when a spill is
coupled with an ignition source; leak detection; impacted
geographic areas; route terrain challenges; and emergency and
first responder training and notification. The Committee
provides up to $1,000,000 for PHMSA to initiate this study
within 30 days of enactment of this Act, and to complete this
study no later than 18 months after enactment of this Act.
Further, the Committee directs PHMSA to incorporate the
findings and recommendations from this study into any potential
rulemaking on the transportation of LNG in rail tank cars and
prior to issuing a final rule authorizing such shipments.
Safe transportation of energy products.--The Committee
continues to closely monitor PHMSA's efforts to improve the
safety of transporting Class 3 flammable liquids, including
crude oil and ethanol, by rail. The Fixing America's Surface
Transportation (FAST) Act (P.L. 114-94) established a schedule
to phase-out certain rail tank cars used to transport Class 3
flammable liquids. In September 2018, the Bureau of
Transportation Statistics reported that nearly 20 percent of
all tank cars transporting Class 3 flammable liquids in 2017
met the new safety requirements, which represents a significant
increase from 2 percent in 2015. The Committee encourages the
Department to work with industry to ensure continued progress
on the tank car phaseout, and if possible, accelerate the
phaseout timeline.
The Committee is pleased with the Department's work to date
in partnership with the Department of Energy on the multi-phase
collaborative research study on the volatility and properties
of crude oil from various locations, including the Bakken Shale
in North Dakota, and to accurately assess and characterize
volatility before transportation. The Committee directs the
Department to continue this research and provide briefings
after the completion of each research task to the House and
Senate Committees on Appropriations on the findings and the
necessity for any additional research tasks. The Committee
further directs the Department to utilize the findings of this
research to update regulations for the transportation of crude
oil, if necessary. The Department shall brief the Committees on
any regulatory decisions resulting from this research study,
including decisions not to take regulatory action.
Inland ports of entry.--The Committee directs PHMSA to work
with local governments and their Mexican counterparts at
international inland ports of entry with a high volume of
hazardous materials crossing the border to reduce the risk
associated with transporting and storing hazardous materials
and to enhance the capacity of local officials in dealing with
the threat of hazardous materials incidents. The Committee
notes that PHMSA has not reported to the House and Senate
Committees on Appropriations on its progress as directed in
House Report 115-750, and directs PHMSA to brief the Committees
on progress within 30 days of enactment of this Act. Further,
PHMSA is directed to submit a final report to the Committees
within 120 days of enactment of this Act.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
----------------------------------------------------------------------------------------------------------------
Underground
Oil Spill Natural Gas
Pipeline Safety Liability Trust Storage Total
Fund Fund Facility Safety
Account
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2019............. $134,000,000 $23,000,000 $8,000,000 $165,000,000
Budget request, fiscal year 2020............ 119,000,000 22,000,000 8,000,000 149,000,000
Recommended in the bill..................... 137,000,000 23,000,000 8,000,000 168,000,000
Bill compared with:
Appropriation, fiscal year 2019........... +3,000,000 - - - - - - +3,000,000
Budget request, fiscal year 2020.......... +18,000,000 +1,000,000 - - - +19,000,000
----------------------------------------------------------------------------------------------------------------
PHMSA oversees the safety, security, and environmental
protection of more than 2,700,000 miles of pipelines through
analysis of data, damage prevention, education and training,
development and enforcement of regulations and policies,
research and development, grants for State pipeline safety
programs, and emergency planning and response to accidents. The
Pipeline Safety program is responsible for a national
regulatory program to protect the public against the risks to
life and property in the transportation of natural gas,
petroleum, and other hazardous materials by pipeline.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $168,000,000 to
continue pipeline safety operations, research, and development,
and State grants-in-aid. Of the total, $23,000,000 is from the
Oil Spill Liability Trust Fund, $137,000,000 is from the
Pipeline Safety Fund, and $8,000,000 is from the Underground
Natural Gas Storage Facility Safety account within the Pipeline
Safety Fund. The following table provides funding levels for
activities within this account.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Research and Development.......... $12,000,000 $15,000,000
State Pipeline Safety Grants...... 46,800,000 56,000,000
State One-Call Grants............. 1,058,000 1,058,000
State Damage Prevention Grants.... 1,490,000 1,500,000
------------------------------------------------------------------------
Staffing and hiring plans.--PHMSA shall deliver a report to
the House and Senate Committees on Appropriations within 120
days of enactment of this Act that details staffing and hiring
plans for fiscal year 2020 as well as actual turnover and
hiring in fiscal year 2019.
LNG facilities.--The Committee recognizes the growth in the
size and scope of liquified natural gas (LNG) facilities, and
that PHMSA's Part 193 safety regulations do not reflect the
risks associated with today's LNG facilities. The PIPES Act of
2016 (P.L. 114-183) directed the Department to review and
update minimum safety standards for LNG facilities, and PHMSA
announced its intent to update Part 193 regulations in 2018.
The Committee is deeply concerned with the aggressive timeline
established in Executive Order 13868 for the Department to
initiate and finalize such a rulemaking within 13 months of
April 10, 2019, especially considering that PHMSA has not
completed rulemakings required under the Pipeline Safety Act of
2011 and the PIPES Act of 2016. While the Committee supports
PHMSA's efforts to update regulations for LNG facilities, the
Committee strongly opposes the artificial timeline in Executive
Order 13868. It is critical that PHMSA conduct a thorough and
methodical rulemaking process on Part 193 to ensure the safety
of the public and environment. Therefore, the Committee directs
PHMSA to move forward with a notice of proposed rulemaking to
update Part 193, provide a minimum of 60 days for public
comment, and issue a final rule upon review and analysis of all
comments. Further, the Committee directs PHMSA not to delay any
efforts to complete the overdue Congressional mandates from the
Pipeline Safety Act of 2011 and the PIPES Act of 2016 as the
agency pursues updating Part 193 regulations.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
Appropriation, fiscal year 2019....................... $28,318,000
Budget request, fiscal year 2020...................... 28,318,000
Recommended in the bill............................... 28,318,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
The Hazardous Materials Transportation Uniform Safety Act
of 1990 (P.L. 101-615) requires PHMSA to: (1) develop and
implement a reimbursable Emergency Preparedness Grants program;
(2) monitor public sector emergency response training and
planning and provide technical assistance to States, political
subdivisions, and Indian tribes; and (3) develop and
periodically update a mandatory training curriculum for
emergency responders.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $28,318,000 for the
Emergency Preparedness Grants program.
Energy products training.--The Committee recognizes the
important role the Emergency Preparedness Grants program plays
in training local emergency responders, including response
activities related to the transportation of crude oil, ethanol,
and other flammable liquids by rail. As PHMSA's
responsibilities for the safe movement of liquified natural gas
(LNG) expand, the Committee directs PHMSA to enhance its
training curriculum for local emergency responders to account
for LNG facilities and the transportation of LNG in rail tank
cars.
Office of Inspector General
SALARIES AND EXPENSES
Appropriation, fiscal year 2019......................... $92,600,000
Budget request, fiscal year 2020........................ 92,152,000
Recommended in the bill................................. 96,700,000
Bill compared with:
Appropriation, fiscal year 2019....................... +4,100,000
Budget request, fiscal year 2020...................... +4,548,000
The Office of Inspector General (OIG) was established in
1978 to provide an objective and independent organization that
would be more effective in: (1) preventing and detecting fraud,
waste, and abuse in departmental programs and operations; and
(2) providing a means of keeping the Secretary of
Transportation and the Congress fully and currently informed of
problems and deficiencies in the administration of such
programs and operations. According to the authorizing
legislation, the Inspector General is to report dually to the
Secretary of Transportation and to the Congress.
COMMITTEE RECOMMENDATION
The Committee recommends $96,700,000 for the Office of
Inspector General.
Audit reports.--The Committee requests the OIG to continue
forwarding copies of all audit reports to the Committee
immediately after they are issued, and to continue to make the
Committee aware immediately of any review that recommends
cancellation or modifications to any major acquisition project
or grant, or which recommends significant budgetary savings.
The OIG is also directed to withhold from public distribution
for a period of 15 days any final audit or investigative report
that was requested by the House or Senate Committees on
Appropriations.
The Committee is aware of the OIG's increased scrutiny of
the FAA certification process audit and the resources necessary
to conduct a complete and thorough investigation. The Committee
recognizes that the Congressionally mandated and self-initiated
audits are vital to ensure consumer safety and efficiency at
the Department of Transportation. The recommendation provides
resources accordingly.
GENERAL PROVISIONS--DEPARTMENT OF TRANSPORTATION
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by State DMVs in
connection to motor vehicle records with an exception.
Section 183 prohibits funds in this Act for salaries and
expenses of more than 110 political and Presidential appointees
in DOT. The limitation shall increase to 125 political and
Presidential appointees beginning on the date on which the
Secretary announces the selection of projects to receive awards
for certain competitive grant programs funded in fiscal year
2019.
Section 184 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 185 prohibits DOT from using funds to make a grant,
loan, loan guarantee, or cooperative agreement, unless DOT
provides 3-day advance notice to the House and Senate
Committees on Appropriations. The provision also requires
notice of any ``quick release'' of funds from FHWA's emergency
relief program, and prohibits notifications from involving
funds not available for obligation. The provision requires DOT
to provide a comprehensive list of all loans, loan guarantees,
lines of credit, cooperative agreements, and discretionary
grants that will be announced with a 3-day advance notice to
the House and Senate Committees on Appropriations.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 187 allows amounts from improper payments to a
third-party contractor that are lawfully recovered by DOT to be
made available until expended to cover expenses incurred in
recovery of such payments.
Section 188 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 189 allows funds appropriated to modal
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to that modal administration.
Section 190 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 191 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference not
otherwise authorized by law, only if certain requirements are
met related to availability of local labor, displacement of
existing employees, and delays in transportation plans.
Section 192 includes a prohibition relating to high speed
rail in California.
Section 193 requires DOT to consider Transportation
Infrastructure Finance and Investment Act loans to be part of
the non-Federal share of project costs if the loans are repaid
by non-Federal funds.
Section 194 extends the deadline by which the Secretary may
provide direct loans and loan guarantees under the Railroad
Rehabilitation and Improvement Financing program for transit-
oriented development projects until September 30, 2020.
Section 195 includes a prohibition on issuing grants to
entities that do not comply with practices for control system
procurement recommended by the U.S. Department of Homeland
Security's National Cybersecurity and Communications
Integration Center.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
EXECUTIVE OFFICES
Appropriation, fiscal year 2019......................... $14,900,000
Budget request, fiscal year 2020........................ 16,000,000
Recommended in the bill................................. 14,788,000
Bill compared with:
Appropriation, fiscal year 2019....................... -112,000
Budget request, fiscal year 2020...................... -1,212,000
The Executive Offices (EO) account funds the salaries and
expenses for the leadership and executive management offices of
the Department. Specifically, these offices are the Office of
the Secretary, the Office of the Deputy Secretary, the Office
of Congressional and Intergovernmental Relations, the Office of
Public Affairs, the Office of Adjudicatory Services, the Office
of Small and Disadvantaged Business Utilization, and the Center
for Faith-Based and Neighborhood Partnerships.
COMMITTEE RECOMMENDATION
The Committee recommends the following amounts for each EO
office.
------------------------------------------------------------------------
Executive Offices (EO) Request Recommendation
------------------------------------------------------------------------
Office of the Secretary............. $4,557,000 $4,557,000
Office of the Deputy Secretary...... 1,333,000 1,201,000
Office of Adjudicatory Services..... 1,405,000 1,405,000
Office of Congressional and 2,816,000 2,192,000
Intergovernmental Relations........
Office of Public Affairs............ 4,335,000 3,835,000
Office of Small and Disadvantaged 661,000 661,000
Business Utilization...............
Center for Faith-Based and 893,000 937,000
Neighborhood Partnerships..........
-----------------------------------
Total, EO....................... 16,000,000 14,788,000
------------------------------------------------------------------------
Office of the Secretary.--The Committee provides $4,557,000
for the Office of the Secretary as requested, but prohibits the
augmentation of the office through reprogrammings, transfers,
and detailees. The Committee is disappointed by the
Department's lack of candor and forthrightness on matters of
policy and program implementation, which influences the
resource level required to carry them out effectively.
Office of Congressional and Intergovernmental Relations
(CIR).--The Committee does not provide any funding to increase
the staffing level of the CIR, thereby prohibiting the proposal
to realign Appropriations Liaison Division from the Office of
the Chief Financial Officer (OCFO) to CIR. The Committee is
adamantly opposed to such a realignment because it would upend
the current working relationship and natural affinity between
the Committee and the OCFO. The Committee insists on direct and
unobstructed communications with the OCFO and bureau budget
offices.
ADMINISTRATIVE SUPPORT OFFICES
Appropriation, fiscal year 2019....................... $541,500,000
Budget request, fiscal year 2020...................... 556,500,000
Recommended in the bill............................... 521,500,000
Bill compared with:
Appropriation, fiscal year 2019..................... -20,000,000
Budget request, fiscal year 2020.................... -35,000,000
The Administrative Support Offices (ASO) appropriation pays
for the staff and activity cost that cannot be attributable to
specific Department programs. ASO offices provide Department-
wide services for both the programs and the program staff.
Specifically, these offices are: the Office of the Chief
Financial Officer, the Office of the General Counsel, the
Office of Field Policy and Management, the Office of
Departmental Equal Employment Opportunity, the Office of the
Chief Information Officer, and a consolidated Assistant
Secretary for Administration.
The Office of the Chief Financial Officer is
responsible for all aspects of financial management,
accounting, and budgetary matters.
The Office of the General Counsel provides
legal opinions, advice and services with respect to all
programs and activities, and provides counsel and
assistance in the development of the Department's
programs and policies.
The Office of Field Policy and Management
are the operational managers in each of the field
offices and manage and coordinate cross-program
delivery in the field.
The Office of Departmental Equal Employment
Opportunity is to ensure the enforcement of Federal
laws relating to the elimination of all forms of
discrimination in the Department's employment
practices.
The Office of the Chief Information Officer
is responsible for providing modern information
technology that is secure, accessible and cost
effective while ensuring compliance with applicable
regulatory requirements.
The Assistant Secretary for Administration
consolidates the Office of Administration, the Office
of the Chief Human Capital Officer, the Office of the
Chief Procurement Officer, and the Office of Business
Transformation into a single office.
The Office of Administration provides
nationwide management and operation of buildings,
Freedom of Information Act processing, records
management, Privacy Act administration, and disaster
and emergency response coordination.
The Office of the Chief Human Capital
Officer provides strategic human capital management,
enterprise level training and learning, recruitment and
staffing, workforce planning, retention, engagement,
succession planning, and Departmental performance
management.
The Office of the Chief Procurement Officer
provides advice, guidance, and technical assistance to
all departmental offices on matters concerning
procurement; assist program offices in defining and
specifying their procurement needs; develop and
maintain all procurement guidance, including
regulations, policies, and procedures; and assist in
the development of sound acquisition strategies.
The Office of Business Transformation
facilitates the Department-wide strategic planning
process by identifying strategic priorities and change
initiatives, monitoring key performance measures, and
implementing and overseeing formula and competitive
grants.
COMMITTEE RECOMMENDATION
The Committee recommends the following amounts for each ASO
office.
------------------------------------------------------------------------
Administrative Support Offices (ASO) Request Recommendation
------------------------------------------------------------------------
Office of the Chief Financial $74,000,000 $52,691,000
Officer............................
Office of Credit.................... - - - [1,200,000]
Office of the General Counsel....... 100,000,000 95,890,000
Office of Field Policy and 54,000,000 54,000,000
Management.........................
Office of Departmental Equal 4,000,000 3,900,000
Employment Opportunity.............
Office of the Chief Information 56,000,000 55,019,000
Officer............................
Consolidated: Assistant Secretary 268,500,000 260,000,000
for Administration.................
-----------------------------------
Total, ASO.................. 556,500,000 521,500,000
------------------------------------------------------------------------
Access to records.--The Committee notes with concern the
April 29, 2019 Management Alert (2019-IG-0001) issued by the
HUD Office of Inspector General. The recommendation continues a
funding prohibition in title IV (section 418) that requires
agencies to provide their Inspector General with timely access
to records, documents, or other materials. The Committee
reminds the Department that failure to comply with section 418
is an Antideficiency Act violation.
Financial transformation initiative.--The Committee is
wholly dissatisfied with the Department's abbreviated responses
to inquiries about the scope, scale, and workplan of the
financial transformation initiative and, therefore, provides no
funding for it. The Committee's confidence in this initiative
eroded because of the Department's either inability or
unwillingness to keep the House and Senate Committees on
Appropriations apprised of how implementation of the initiative
is different from the description provided at the time of the
request.
Hiring and separation report.--The Committee directs HUD's
Office of the Chief Financial Officer and the Office of the
Chief Human Capital Officer to submit quarterly reports to the
House and Senate Committees on Appropriations on hiring and
separations by program office. This report shall include
position titles, location, associated full-time equivalents,
total number of unfilled FTEs and the length of time each
individual FTE has been unfilled, and include the Office of
Inspector General and Government National Mortgage Association.
Office of the Chief Financial Officer (OCFO).--The
Committee does not support the realignment of staff from OCFO
to the Office of Congressional and Intergovernmental Relations
(CIR). Therefore, these staff and a corresponding amount of
funding remain in OCFO. The Committee is adamantly opposed to
such a realignment because it would upend the current working
relationship and natural affinity between the Committee and the
OCFO. The Committee insists on direct and unobstructed
communications with the OCFO and bureau budget offices.
Office of Credit.--The Committee supports centralized
management and budgeting for the Department's loan programs to
ensure a consistent application of policy and management
practices that are unique to these types of programs. Unlike
the rest of the Department's programs, which are budgeted for
on a cash basis, loan programs are required to be budgeted for
on a net present value basis. The Committee directs the OCFO to
establish an Office of Credit dedicated to budgeting and
managing loan programs.
PROGRAM OFFICES SALARIES AND EXPENSES
Appropriation, fiscal year 2019....................... $822,144,000
Budget request, fiscal year 2020...................... 827,000,000
Recommended in the bill............................... 849,144,000
Bill compared with:
Appropriation, fiscal year 2019..................... +27,000,000
Budget request, fiscal year 2020.................... +22,144,000
The Program Offices Salaries and Expenses (POSE)
appropriation pays for the staff cost attributable to specific
Department programs, whereas the cost of the assistance is
accounted for in the proceeding program accounts, such as
Tenant-based Rental Assistance. Each POSE office implements one
or more HUD programs.
COMMITTEE RECOMMENDATION
The Committee recommends the following amounts for each
POSE office.
------------------------------------------------------------------------
Program Office Salaries and Expenses
(POSE) Request Recommendation
------------------------------------------------------------------------
Office of Public and Indian Housing. $206,000,000 $230,000,000
Office of Community Planning and 114,000,000 117,000,000
Development........................
Office of Housing................... 399,000,000 386,144,000
Office of Policy Development and 26,000,000 26,000,000
Research...........................
Office of Fair Housing and Equal 73,000,000 80,000,000
Opportunity........................
Office of Lead Hazard Control and 9,000,000 10,000,000
Healthy Homes......................
-----------------------------------
Total, POSE..................... 827,000,000 849,144,000
------------------------------------------------------------------------
The Office of Public and Indian Housing
oversees the administration of the Public Housing,
Housing Choice Vouchers, and Native American programs.
The Office of Community Planning and
Development is responsible for the administration of
Community Development Block Grants (CDBG), the Home
Investment Partnership (HOME), Homeless Assistance
Grants, and other community development programs.
The Office of Housing implements Federal
Housing Administration multi- and single-family
homeownership programs and assisted rental housing
programs.
The Office of Policy Development and
Research directs the Department's annual research
agenda to support the research and evaluation of
housing and other departmental initiatives to improve
HUD's effectiveness and operational efficiencies.
The Office of Fair Housing and Equal
Opportunity receives, investigates, conciliates and
recommends the issuance of charges of discrimination
and determinations of non-compliance for complaints
filed under Title VIII and other civil rights
authorities.
The Office of Lead Hazard Control and
Healthy Homes is responsible for the Lead-Based Paint
Hazard Reduction program and addressing multiple
housing-related hazards affecting the health of
residents, particularly children.
Public and tribal housing inspections.--The Committee
provides additional resources for public and tribal housing to
support ongoing public housing financial and physical
assessment activities, pilot a new physical inspection process,
and implement the recommendations made in the March 2019
Government Accountability Office (GAO) report ``Real Estate
Inspection Center: HUD Should Improve Physical Inspection
Process and Oversight of Inspectors'' (GAO-19-254). In
addition, these resources are intended to support inspections,
monitoring, and other oversight activities conducted by the
Office of Native American Programs in support of the Native
American Housing Block Grants, Indian Community Development
Block Grants, Section 184 Indian Housing Loan Guarantee, and
Tribal HUD-VASH programs.
Sexual harassment in housing.--The Committee supports the
interagency task force between the Departments of Housing and
Urban Development (HUD) and Justice (DOJ) to combat sexual
harassment in housing that was announced in 2018. The Committee
directs the Departments to submit a joint report to the House
and Senate Committees on Appropriations no later than 90 days
after enactment of this Act on activities of the task force.
Specifically, the joint report shall address the development of
a shared strategy between HUD and DOJ for combating sexual
harassment in housing across the country, continued data
sharing and analysis, joint development of training, evaluation
of public housing complaint mechanisms, coordination of public
outreach and press strategy, and review of Federal policies.
Violence Against Women Act (VAWA).--The Violence Against
Women Reauthorization Act included critical housing protections
for victims of domestic violence, dating violence, sexual
assault, and stalking across HUD's core housing and
homelessness programs. The Committee provides additional
resources for the Department to carry out these authorities. In
particular, the Committee directs the Department to prioritize
the creation of guidance and outreach to public housing
authorities and private property owners participating in HUD
programs on their responsibilities under VAWA including
emergency transfers and record retention.
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
The Department of Housing and Urban Development's Working
Capital Fund (WCF), in its present form, was established by the
Consolidated Appropriations Act, 2016 to perform a limited
number of commodity-like administrative functions where
economies of scale can be achieved. These functions are limited
in statute to: financial management, procurement, travel,
relocation, human resources, printing, records management,
space renovation, furniture, and supply services.
The Committee does not provide any funding to the WCF.
Instead, the WCF staff and its activities are funded with
transfers from the Department's salary and expenses accounts
(i.e., Executive Offices, Administrative Support Offices,
Program Office Salaries and Expenses, and Government National
Mortgage Association).
The Committee expects that, prior to exercising discretion
to centrally fund an activity, the Secretary shall have
established transparent and reliable unit cost accounting for
the offices and agencies of the Department that use the
activity, and shall have adequately trained staff within each
affected office and agency on resource planning and accounting
processes associated with the centralization of funds to this
account.
Prior to exercising its authority to transfer funds for
activities beyond what is required for shared service
agreements, the Committee directs HUD to establish a clear
execution plan for centralizing the additional activities, and
to transmit that plan to the House and Senate Committees on
Appropriations 30 days prior to transferring such funds into
the WCF.
Public and Indian Housing
TENANT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2019....................... $22,598,000,000
Budget request, fiscal year 2020...................... 22,237,500,000
Recommended in the bill............................... 23,810,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +1,212,000,000
Budget request, fiscal year 2020.................... +1,572,500,000
In fiscal year 2005, the Housing Certificate Fund was
separated into two new accounts: Tenant-Based Rental Assistance
and Project-Based Rental Assistance. This account administers
the tenant-based Section 8 rental assistance program otherwise
known as the Housing Choice Voucher program.
COMMITTEE RECOMMENDATION
The Committee recommends $23,810,000,000 for Tenant-Based
Rental Assistance. Consistent with the budget request, the
Committee continues the advance of $4,000,000,000 of the funds
appropriated under this heading for Section 8 programs to
October 1, 2020.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Voucher Renewals................ $20,115,541,000 $21,400,000,000
Administrative Fees............. 1,738,459,000 1,925,000,000
Veterans Affairs Supportive - - - 40,000,000
Housing (VASH).................
Tribal HUD-VASH................. - - - 5,000,000
Tenant Protection Vouchers...... 130,000,000 150,000,000
Family Unification Vouchers..... - - - 40,000,000
Mainstream Vouchers............. 259,500,000 225,000,000
Family Mobility Demonstration... - - - 25,000,000
---------------------------------------
TOTAL....................... 22,237,500,000 23,810,000,000
------------------------------------------------------------------------
Voucher renewals.--The Committee provides $21,400,000,000
for the renewal of tenant-based vouchers. The Committee directs
the Department to monitor and report to the House and Senate
Committees on Appropriations each quarter on the trends in
Section 8 subsidies and to report on the required program
alterations due to changes in rent or changes in tenant income.
The Committee provides additional resources that can be a tool
to reduce homelessness among families with children and the
unsheltered.
Veterans Affairs Supportive Housing (VASH).--To continue
the effort to eliminate homelessness among our Nation's
veterans, the Committee provides $40,000,000 for new,
incremental vouchers dedicated to vulnerable veteran
households. In addition, no less than $723,000,000 in voucher
renewal appropriation is available to renew approximately
100,000 eligible VASH vouchers funded in prior years. Since
2008, the Committee has provided more than $755,000,000 in
targeted funding to increase the number of VASH vouchers
available to address veteran homelessness and billions of
dollars have been made available to renew HUD-VASH vouchers
over the same period.
Vouchers for homeless Native American veterans.--The
Committee provides $5,000,000 for rental assistance and
associated administrative costs for Tribal HUD-VASH to serve
Native American veterans who are homeless or at risk of
homelessness living on or near a reservation, or other Indian
areas. The Committee anticipates that most of this funding will
be needed to renew previously provided assistance. To the
extent funds remain after previously awarded assistance has
been renewed, HUD may use the remaining funds to award new
assistance based on need and administrative capacity. This
program was first funded in fiscal year 2015, and because of
the unique nature of the program, a separate renewal line is
required. These resources are in addition to VASH
appropriations included within voucher renewal funding.
The Committee recognizes that the rural and remote nature
of many Native communities presents unique barriers to hiring
and retaining qualified professionals who meet the Department
of Veterans Affairs (VA) standards for case managers. The
Committee encourages HUD to continue working collaboratively
with the VA and Tribal HUD-VASH funding recipients to implement
their program. In addition, the Committee urges HUD to ensure
that Tribal HUD-VASH funding recipients unable to fully
implement their program due to challenges hiring and retaining
case managers are not treated inequitably due to delays,
particularly in performance evaluations and when applying for
continued funding.
Tenant Protection vouchers.--The Committee provides
$150,000,000 for Tenant Protection vouchers. The Committee
rejects proposals included in the budget to reduce public
housing, but includes this increase to address anticipated
closures of certain public housing properties unrelated to any
reductions proposed by the Administration. In its annual notice
of funding awards for tenant protection vouchers, the
Department shall also include each specific Property ID and
name that experienced a triggering event to support each
funding award.
Section 811 Mainstream vouchers.--The Committee provides
$225,000,000 for Section 811 tenant-based subsidies. This is
equal to the fiscal year 2019 enacted level and sufficient to
renew previously awarded eligible vouchers.
Family Unification Program vouchers.--The Committee
provides $40,000,000 for Family Unification vouchers. This is
$20,000,000 over the fiscal year 2019 level to provide housing
vouchers on demand for at-risk youth who have ``aged out'' of
foster care.
Homeless veterans on U.S.-Mexico border.--The Committee
notes that there are many homeless veterans living on the U.S.-
Mexico border, many of whom have not historically been counted
in the point-in-time homeless survey. The Committee directs HUD
to take action to ensure that HUD-VASH vouchers are made
available to this unique population. The Committee further
directs HUD to develop strategies and recommendations for
addressing and reducing veteran homelessness on the U.S.-Mexico
border, and to provide a report on its efforts within 90 days
of enactment of this Act.
HUD-VASH case management.--The Committee recognizes the
value and impact of the HUD-VA Supportive Housing (VASH)
program, which serves veterans experiencing homelessness. Case
management services are critically important to the function of
the program, and public housing authorities rely on VA Medical
Center referrals to house veterans. Due to the joint nature of
HUD-VASH funding, the Committee recognizes the importance of
the VA's budget for case managers in relationship to the
vouchers provided.
Section 8 Management Assessment Program.--In fiscal year
2019, the Committee directed the Department to analyze whether
differences in scoring PHAs created inequities and to report to
the Committee. The Committee looks forward to receiving the
results of the report.
Collaboration with SAMHSA.--The Committee directs the
Department to conduct a feasibility study with the Department
of Health and Human Services to understand how Section 8
vouchers could provide housing opportunities to those who seek
SAMSHA supported services, modeled on the success of the HUD-
VASH program. Such a report shall include recommendations for
Congress on providing authorization for such a program, as well
as a review of how federal funds flow to localities,
opportunities for local and state partnership with federal
agencies, and a review of potential barriers to housing for
these individuals. This study should be provided within 120
days of enactment to the House and Senate Committees on
Appropriations and the House and Senate authorizing committees.
Small public housing agencies.--The Committee is aware of
confusion regarding the definition of ``rural'' as applied to
small public housing agencies by the Department of Housing and
Urban Development (HUD) in implementing Public Law 115-174. The
Committee directs HUD to provide a report to the relevant
congressional committees no later than 120 days after enactment
of this Act clarifying what small public housing agencies
qualify as rural under such law.
Housing for the reentry population.--The Committee is
encouraged by the actions that HUD has taken to reduce the
barriers that the reentry population faces in securing housing.
Recognizing that a firm foundation including safe and reliable
housing is a critical part of reducing recidivism, the
Committee urges HUD to further explore other initiatives to
reducing barriers.
Fair market rents.--The Committee is aware of the concerns
regarding the data used to calculate fair market rents and
directs the Department to work with its authorizing
Congressional Committees to develop statutory flexibilities for
operating the voucher program in such a way that vouchers will
be usable in rapidly rising rental markets.
Purchasing power of vouchers.--The Committee directs the
Department to report to the Committee on the impacts that
rising rental market prices have had on the purchasing power of
rental assistance vouchers administered by public housing
authorities (PHAs), including Moving To Work (MTW) agencies and
HUD-VASH vouchers. The Committee directs the Department to
develop recommendations regarding funding levels necessary to
ensure that PHAs, including MTW agencies, are able to continue
serving the same number of households. The Committee is aware
that an MTW expansion cohort will study landlord incentive
programs and looks forward to the results of that study.
Hardship exemptions.--The Committee directs the Department
to submit a report to the Committee within 120 days of
enactment of this Act that provides the Department's plan and
associated timeline for increasing tenant awareness of hardship
exemption policies. This plan must include HUD's strategy and
timing for conducting additional outreach on hardship
exemptions, including but not limited to, notice about the
availability of hardship exemptions and the applicable process
to each family paying or notified of the obligation to pay
minimum rents. The plan should also update relevant guidance
documents for the covered programs.
Evictions data.--The Committee directs the Department to
explore what it would take to collect, analyze, and make
publicly available data on evictions from all of its Federally-
assisted housing properties, including tenant characteristics
such as the age, gender, race, and ethnicity of all tenants
residing on the property, and report on its findings within 120
days of enactment of this Act.
Administration ``rent reform'' proposals.--The Committee
does not include language implementing any of the
Administration's ``rent reform'' proposals and funds accounts
accordingly. The Committee believes these proposals would harm
America's most vulnerable populations and do nothing to address
the issues of poverty they face.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
The Housing Certificate Fund, until fiscal year 2005,
provided funding for both the project-based and tenant-based
components of the Section 8 program. Project-Based Rental
Assistance and Tenant-Based Rental Assistance are now
separately funded accounts. The Housing Certificate Fund
retains balances from previous years' appropriations.
COMMITTEE RECOMMENDATION
Language is included to allow unobligated balances from
specific accounts to renew or amend Project-Based Rental
Assistance contracts.
PUBLIC HOUSING CAPITAL FUND
Appropriation, fiscal year 2019....................... $2,775,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 2,855,057,000
Bill compared with:
Appropriation, fiscal year 2019..................... +80,057,000
Budget request, fiscal year 2020.................... +2,855,057,000
The Public Housing Capital Fund provides funding for public
housing capital programs, including public housing development
and modernization. Examples of capital modernization projects
include replacing roofs and windows, improving common spaces,
upgrading electrical and plumbing systems, and renovating the
interior of an apartment.
COMMITTEE RECOMMENDATION
The Committee recommends $2,855,057,000 for the Public
Housing Capital Fund. The recommendation does not include the
request to eliminate this account and direct unobligated
balances to the Public Housing Operating Fund, nor does it
provide for competitive grants to demolish public housing. The
Committee continues to support a significant Federal commitment
to public housing and rejects multiple proposals included in
the budget intended to facilitate a reduction of the public
housing portfolio.
Within the amounts provided, the Committee directs that:
$28,000,000 is to support the ongoing public
housing financial and physical assessment activities of
the Real Estate Assessment Center, pilot a new physical
inspection process and implement recommendations made
in the March 2019 GAO report (GAO-19-254);
Up to $16,000,000 is to support the costs of
administrative and judicial receiverships;
Up to $30,000,000 is made available for
emergency capital needs, excluding Presidentially-
declared disasters. The Committee includes language to
ensure that funds are used only for repairs needed due
to an unforeseen and unanticipated emergency event or
natural disaster that occurs during fiscal year 2020,
or for certain security measures. Of that amount,
$10,000,000 is for safety and security measures;
$25,000,000 is for competitive grants to
evaluate and reduce lead-based paint hazards; and
$25,000,000 is for competitive grants for
activities under the Healthy Homes Initiative,
including addressing carbon monoxide poisoning, mold,
and other household hazards.
The Committee directs that all PHAs, including those that
are troubled, substandard, or are under the direction of HUD, a
monitor, or a court-appointed receiver are eligible for funding
for competitive grants for both lead-based paint hazards and
activities under the Healthy Homes Initiative. The Committee
intends that the PHAs with the greatest need will have access
to the funds. Additionally, the Committee directs that HUD
consider increasing the amount of individual grants so that the
scale of the problems can be addressed appropriately.
The Committee notes that funding for the Resident
Opportunity and Self-Sufficiency (ROSS) program and Jobs Plus
is included in this Act, but has been moved to a new account
called Self-Sufficiency Programs.
Carbon monoxide poisoning.--The Committee is alarmed at
reports of deaths resulting from carbon monoxide poisoning in
public housing subsidized by the Department. Therefore, the
Committee recommends that the Secretary evaluate requiring
carbon monoxide detectors in rental housing that receives
funding from HUD.
PUBLIC HOUSING OPERATING FUND
Appropriation, fiscal year 2019....................... $4,653,116,000
Budget request, fiscal year 2020...................... 2,863,000,000
Recommended in the bill............................... 4,753,116,000
Bill compared with:
Appropriation, fiscal year 2019..................... +100,000,000
Budget request, fiscal year 2020.................... +1,890,116,000
The Public Housing Operating Fund subsidizes the costs
associated with operating and maintaining public housing. This
subsidy supplements funding received by public housing
authorities (PHAs) from tenant rent contributions and other
income. In accordance with section 9 of the United States
Housing Act of 1937, as amended, funds are allocated by formula
to public housing authorities for the following purposes:
utility costs; anti-crime and anti-drug activities, including
the costs of providing adequate security; routine maintenance
costs; administrative costs; and general operating expenses.
COMMITTEE RECOMMENDATION
The Committee recommends $4,753,116,000 for the Federal
share of PHA operating expenses.
Quality assurance of physical inspections.--The Committee
is troubled by reports of deplorable living conditions found in
some HUD-subsidized properties across the country. The scope of
this issue spans geographic regions, highlights systemic
problems, and calls into question the effectiveness of HUD
oversight, and the Real Estate Assessment Center's (REAC)
inspections of HUD-assisted housing. The Committee encourages
the Department to work with the Congress on enforcement
actions, including civil monetary penalties, that HUD can take
to ensure PHAs and landlords maintain the physical quality of
HUD-assisted units. Similarly, while the Committee is
supportive of efforts to quickly issue tenant-protection
vouchers, the issuance of these vouchers is a tacit
acknowledgement that the Department has failed to ensure units
are maintained as decent, safe and sanitary. Additionally,
failure to maintain the physical condition of HUD-assisted
properties results in a loss of critical affordable housing and
tenant protection vouchers are of questionable value to
families that encounter a lack of affordable housing in their
communities. The Committee directs the Department to solicit
comments from stakeholders, including tenants, to identify ways
the Department can improve its inspection protocols and
oversight. The Committee will continue to closely monitor the
Department's efforts and progress and directs the Department to
submit to the House and Senate Committees on Appropriations
within 60 days of enactment of this Act a report identifying
how HUD is improving the inspection process and related
protocols, including quality assurance of inspections,
identified actions yet to be implemented, the status of actions
undertaken, and a timeline for completion of all actions.
Lead assessments in Federally-assisted housing.--The
Committee continues to believe that, given the significant
impact lead exposure can have on children and their
development, there continues to be a need for lead inspection
standards within Federally assisted housing, including public
housing and the Housing Choice Voucher program. The Committee
believes that the Department has the statutory authority
necessary to require stringent inspections when checking homes
for lead paint. Visual lead inspections have proven
insufficient and more rigorous standards such as requiring risk
assessments prior to a family moving into a home should be
considered, where appropriate, to ensure that children living
in Federally-assisted homes are protected from lead poisoning.
Operating fund adjustment factors.--The Committee is
concerned that the Department's current methodology for
calculating formula income and utility expenses for PHAs does
not accurately reflect the reality that many experience
locally. This is especially true for those PHAs that serve
large elderly or disabled populations, or operate on a utility
that is of higher cost than other parts of the country. The
Committee appreciates that the Department takes seriously
concerns raised by PHAs and is reviewing its data and
evaluating alternative approaches. The Committee directs the
Department to report to the House and Senate Committees on
Appropriations within 60 days of enactment of this Act on
alternative methodologies for calculating PHA formula income
for purposes of Operating Fund eligibility.
Enterprise Income Verification.--The Committee directs the
Department, through its Enterprise Income Verification system,
to ensure that all public housing authorities have automated
access to upfront income verification tools that provide
current employment and income information available through
payroll data providers in addition to data already provided via
data matching agreements with the Social Security
Administration and the Department of Health and Human Services.
The Committee directs the Department of Housing and Urban
Development to enter into legal agreements with payroll data
providers to provide current employment and income information
to housing agencies.
CHOICE NEIGHBORHOODS INITIATIVE
Appropriation, fiscal year 2019....................... $150,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +150,000,000
Budget request, fiscal year 2020.................... +300,000,000
The CHOICE Neighborhoods Initiative leverages significant
public and private dollars to support locally driven strategies
that address struggling neighborhoods with distressed public or
HUD-assisted housing through a comprehensive approach to
neighborhood transformation. The program uses Federal grants to
help communities transform neighborhoods by revitalizing
severely distressed public and/or assisted housing and
catalyzing critical improvements in the neighborhood, including
vacant property, housing, businesses, services, and schools.
COMMITTEE RECOMMENDATION
The Committee recommends $300,000,000 for the Choice
Neighborhoods Initiative Program.
The Committee encourages the Department to give prior year
planning grant recipients priority consideration when awarding
implementation grants.
SELF-SUFFICIENCY PROGRAMS
Appropriation, fiscal year 2019....................... $130,000,000
Budget request, fiscal year 2020...................... 75,000,000
Recommended in the bill............................... 150,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +20,000,000
Budget request, fiscal year 2020.................... +75,000,000
HUD funds several programs to help low-income families
living in subsidized housing enhance job skills, increase
earnings and improve economic security. This recommendation
moves the Family Self-Sufficiency (FSS), Resident Opportunity
and Self-Sufficiency (ROSS), and Jobs Plus programs into a new
account entitled Self-Sufficiency Programs. Previously, Jobs
Plus and ROSS were funded through the Public Housing Capital
Fund.
The FSS program provides grants to public housing
authorities (PHAs) for FSS coordinators and, with authorization
legislation enacted in 2018, has expanded eligibility to
residents of Project-Based Rental Assistance housing. The ROSS
program funds Service Coordinators to work with residents of
Public and Indian Housing. The Jobs Plus Initiative provides
grants to PHAs, which are required to partner with Department
of Labor jobs centers.
COMMITTEE RECOMMENDATION
The Committee provides a total of $150,000,000 for Self-
Sufficiency Programs. The following table outlines the funding
recommended for activities under this section.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Family Self-Sufficiency............. $75,000,000 $100,000,000
Resident Opportunity and Self- - - - 35,000,000
Sufficiency........................
Jobs Plus........................... - - - 15,000,000
-----------------------------------
Total......................... 75,000,000 150,000,000
------------------------------------------------------------------------
FSS authorization changes.--This recommendation reflects
authorizing changes made by the Family Self-Sufficiency Act and
enacted in Public Law 115-174 (Section 306), which streamline
FSS program administration and expand the program to residents
of Project-Based Rental Assistance properties. HUD has not yet
proposed regulations to implement these changes. The Committee
directs HUD to complete and release revisions to the FSS
regulations no later than 90 days after enactment of this Act.
FSS data.--The Committee directs HUD to submit data
annually to the House and Senate Committees on Appropriations
showing FSS participation, escrow accumulation, and graduation
rates for various racial and ethnic groups participating in FSS
(regardless of receipt of FSS coordinator grants), consistent
with the categories used in HUD Forms 50058 and 50059. If HUD
has not incorporated FSS data gathered into Form 50059 used by
owners of PBRA properties to report tenant data by January 1,
2020, HUD shall match the racial and ethnic data submitted by
owners on that form with the FSS data.
Promoting upward mobility.--The Committee directs the
Department to explore opportunities for stronger interagency
collaboration to effectively promote and execute upward
mobility and economic empowerment for HUD-assisted households
through education and workforce development, including
enhancement of current Department initiatives such as FSS, Jobs
Plus, and ROSS. A report on proposed interagency collaboration
projects shall be submitted to the House and Senate Committees
on Appropriations within 270 days of the enactment of this Act.
NATIVE AMERICAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Appropriation, fiscal year 2019....................... $820,000,000
Budget request, fiscal year 2020...................... 600,000,000
Recommended in the bill............................... 855,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +35,000,000
Budget request, fiscal year 2020.................... +255,000,000
The Act restructures the major programs administered by
HUD's Office of Native American Programs into a single account.
The Native American Programs account funds the Native American
Housing Block Grants and Indian Community Development Block
Grants programs. The Native American Housing Block Grants
program, authorized by the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA), provides funding
to American Indian tribes and their Tribally Designated Housing
Entities (TDHEs) to help address affordable housing needs
within their communities. The Indian Community Development
Block Grants program, authorized under title I of the Housing
and Community Development Act of 1974, provides American Indian
tribes the opportunity to compete for funding to address tribal
community development needs.
COMMITTEE RECOMMENDATION
The Committee provides $855,000,000 for the Native American
Programs account. The following table provides funding levels
for activities within this account.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Native American Housing Block $598,000,000 $671,000,000
Grants--Formula................
Title VI Loan Program........... 2,000,000 2,000,000
Native American Housing Block - - - 100,000,000
Grants--Competitive............
Indian Community Development - - - 75,000,000
Block Grants...................
Training and Technical - - - 7,000,000
Assistance.....................
---------------------------------------
Total......................... 600,000,000 855,000,000
------------------------------------------------------------------------
A January 2017 report published by HUD confirmed that
homelessness in tribal areas translates into overcrowded homes,
finding that between 42,000 and 85,000 Native Americans were
living with friends or relatives only because they had no place
of their own and to prevent homelessness. According to the
report, 33,000 new units are needed in Indian country to
eliminate overcrowding and another 35,000 new units are needed
to replace units that are physically inadequate. Recognizing
this significant need for affordable housing and improving
living conditions in tribal communities across the nation, the
Committee recommendation provides $25,000,000 more than the
amount provided in fiscal year 2019 for formula grants to
tribes and TDHEs under the Native American Housing Block Grants
program. In addition, for the third consecutive fiscal year,
the Committee provides $100,000,000 in additional resources
through competitive grants to be awarded on the basis of need
and administrative capacity to recipients eligible under
NAHASDA. Further, the Committee notes that $1,727,000 in fiscal
year 2017 appropriated funding was provided to the Section 184
Indian Housing Loan Guarantee program for the construction of
rental housing for law enforcement, healthcare, educational,
technical, and other skilled workers. The Committee encourages
tribes and TDHEs to consider utilizing this support for
workforce housing when developing projects for the competitive
grants under the Native American Housing Block Grants program.
Similarly, the needs continue to exceed the funding
available for the Indian Community Development Block Grants
program. In fiscal year 2017, HUD was only able to fund 62
percent of the eligible applications received. Given the
challenges in Indian country and the limited resources
available to address them, the Committee recommendation
provides $10,000,000 more than the amount provided in fiscal
year 2019 for the Indian Community Development Block Grants
program.
Formula grant overfunding.--The Native American Housing
Block Grants allocation formula is based on need as measured in
part by current assisted housing stock. However, housing data
used to calculate allocations in any given year often contains
inaccuracies that are subsequently corrected. These data
revisions result in some Indian tribes having received grants
in excess of their accurate formula allocation which in turn
causes all other Indian tribes to be technically underfunded
for that same year. To address this recurring problem, the
Department has in the past recouped prior year awards made in
excess of eligibility by offsetting current year awards. The
Committee believes that this practice is within the
Department's authority. To ensure that Native American Housing
Block Grants under this heading are allocated accurately and in
accordance with statutory requirements, the Committee directs
the Department to continue the practice of offsetting formula
allocations in fiscal year 2020 should it receive data
indicating that an overpayment occurred, provided the
Department takes action within three years from the date the
Formula Response Form is sent out. If the Department recoups
funds from a tribe and a subsequent appeals process determines
that the funds should not have been recouped, the Committee
directs the Department to increase the tribe's next funding
allocation, following the final appeals determination, equal to
the amount of the improperly recouped funds.
Technical assistance.--The Committee provides $7,000,000
for technical assistance needs in Indian country to support the
Native American Housing Block Grants program, the Indian
Community Development Block Grants program, and other HUD
programs in order to meet the needs of Native American families
and tribal communities. The Committee directs HUD to use the
technical assistance funding to aid tribes with capacity
challenges. The funding should be used for training, contract
expertise, inspections, and other services necessary to address
needs identified by tribes. Of the total technical assistance
funding provided, no less than $2,000,000 shall be awarded to a
national organization as authorized by section 703 of NAHASDA.
Reservation housing.--The Committee recognizes the
importance of housing assistance provided as a result of
NAHASDA and encourages the Department to support efforts by
tribes to renovate substandard reservation housing. HUD has an
obligation to ensure that housing in its inventory is
transferred to Indian tribes, TDHEs, or eligible Native
American families as expeditiously as possible.
The Committee also recognizes that a number of coastal
tribal communities are actively working to relocate homes and
other critical infrastructure to higher ground to mitigate the
impacts of climate change. The Committee encourages the
Department to prioritize funding and technical assistance
resources to support these efforts and to encourage resilient
building and planning practices throughout Indian Country.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
Appropriation, fiscal year 2019....................... $1,440,000
Budget request, fiscal year 2020...................... 2,500,000
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2019..................... +1,060,000
Budget request, fiscal year 2020.................... - - -
Section 184 of the Housing and Community Development Act of
1992 established a loan guarantee program for Native American
individuals, tribes, and Tribally Designated Housing Entities
to build new housing or purchase existing housing on trust
land. This program provides access to private financing that
otherwise might be unavailable because of the unique legal
status of Indian trust land.
COMMITTEE RECOMMENDATION
The Committee provides $2,500,000 in new credit subsidy for
the Section 184 loan guarantee program. This will support a
loan volume of $1,000,000,000.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
Appropriation, fiscal year 2019....................... $2,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 2,500,000
Bill compared with:
Appropriation, fiscal year 2019..................... +500,000
Budget request, fiscal year 2020.................... +2,500,000
The Hawaiian Homelands Homeownership Act of 2000 created
the Native Hawaiian Housing Block Grant program to provide
grants to the State of Hawaii Department of Hawaiian Home Lands
(DHHL) for housing activities on Hawaiian home lands, in order
to develop, maintain, and operate affordable housing for
eligible low-income Native Hawaiian families. As one of the
United States' indigenous people, Native Hawaiian people have a
unique relationship with the Federal government.
COMMITTEE RECOMMENDATION
The Committee provides $2,500,000 for the Native Hawaiian
Housing Block Grant program. The Committee encourages the
Department to continue to provide technical assistance to DHHL
in developing and executing plans to meet the housing needs of
low-income Native Hawaiians.
NATIVE HAWAIIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
Section 184A of the Housing and Community Development Act
of 1992 established a loan guarantee program for Native
Hawaiian families who are eligible to reside on Hawaiian home
lands and would otherwise face barriers to acquiring such
financing because of the unique legal status of the Hawaiian
home lands.
COMMITTEE RECOMMENDATION
The Committee provides no funding for the Section 184A loan
guarantee program as proposed in the budget request. The
program operates on a negative subsidy basis and has sufficient
balances of prior year loan guarantee limitation to continue
making Section 184A loans.
Community Planning and Development
HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS
Appropriation, fiscal year 2019....................... $393,000,000
Budget request, fiscal year 2020...................... 330,000,000
Recommended in the bill............................... 410,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +17,000,000
Budget request, fiscal year 2020.................... +80,000,000
The Housing Opportunities for Persons with AIDS (HOPWA)
program provides States and localities with resources to
address the housing needs of low-income persons living with
HIV/AIDS. Stable housing can reduce risky behavior, improve
adherence to medication, and reduce HIV transmission. Funding
is distributed primarily by formula to qualifying States and
metropolitan areas based on the number of individuals living
with HIV/AIDS reported to the Centers for Disease Control,
housing costs, and poverty rates. Government grantees are
required to have a HUD-approved Comprehensive Plan.
COMMITTEE RECOMMENDATION
The Committee recommends $410,000,000 for HOPWA, which will
ensure that grantees are held harmless as the Department
implements HOPWA formula modernization. The Committee
recommendation includes formula grants and funding for the
renewal of certain expiring contracts that were previously
funded under HOPWA competitive grants.
Priority renewal for competitive grants.--The Department
requested the removal of a provision which requires that
competitive grantees receive priority renewal. The
recommendation does not include that change. However, the
Committee believes that holding projects accountable for their
ability to demonstrate effectiveness through performance data
is essential to getting the most out of limited Federal
resources. The Committee directs the Department to work with
communities to prepare to implement this change in the future.
COMMUNITY DEVELOPMENT FUND
Appropriation, fiscal year 2019....................... $3,300,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 3,600,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +300,000,000
Budget request, fiscal year 2020.................... +3,600,000,000
The Community Development Fund, authorized by the Housing
and Community Development Act of 1974 (42 U.S.C. 5301 et seq.),
provides funding, primarily through Community Development Block
Grants (CDBG), to State and local governments and other
eligible entities to carry out community and economic
development activities.
COMMITTEE RECOMMENDATION
The Committee recommends a total of $3,600,000,000 for the
CDBG formula program for entitlement communities and States.
Funding is also provided for Indian CDBG, but it has been moved
to the new Native American Programs account.
Of the amount provided for the CDBG formula programs,
$7,000,000 is for insular areas, per 42 U.S.C. 5306(a)(2),
which is the same as the fiscal year 2019 enacted level.
The recommendation continues language requiring the
Department to notify grantees of their formula allocation
within 60 days of enactment of this Act.
Resilience.--The Secretary is directed to encourage
grantees of the CDBG program to utilize funds for activities
designed to increase project resilience to harden structures to
withstand severe weather and other natural hazards, including
flooding, wind, and other hazards identified by the Secretary.
In addition, the Committee recommends that the Secretary issue
guidelines for jurisdictions relating to the appropriate
inclusion of residential manufactured homes in a Consolidated
Plan of the jurisdiction.
A provision in the Title II General Provisions directs the
Department to make data for broadband and resiliency
requirements to be incorporated into Consolidated Plans
available to grantees not later than 90 days after enactment of
this Act and requires grantees to incorporate broadband and
resiliency components into their Consolidated Plans not later
than 270 days after enactment of this Act.
Distressed coal communities.--The Committee encourages the
Department to prioritize technical assistance to assist coal
communities emerging from economic downturn and help utilize
CDBG funds to revitalize those communities.
Transitional housing for individuals exiting recovery.--The
Committee recognizes the importance of stable transitional
living environments for individuals in recovery from substance
misuse disorder, including opioid addiction. The Committee
directs HUD to encourage CDBG recipients to provide funding to
organizations that offer transitional housing opportunities to
those in recovery and looks forward to receiving HUD's guidance
on how relevant programs would be operated.
Best practices.--The Committee recognizes that the
flexibility of CDBG is a great asset to bring development to
communities with diverse needs. The Committee urges the
Department to conduct trainings on best development practices
gleaned from success stories from urban areas to provide
technical expertise to other struggling urban areas on how best
to invest and leverage these grants. The Committee directs the
Department to submit a report to the Committee on these efforts
within 120 days of enactment of this Act.
Weatherization report.--The Committee recognizes that many
individuals who would otherwise be eligible for the
Weatherization Assistance Program (WAP) have homes with
structural deficiencies--particularly of the roof and building
envelope--which preclude them from participating. Within 180
days of enactment of this Act, the Department shall issue a
report to the Committee characterizing the deficiencies of
these homes and the costs to meet the requirements of the WAP.
The report shall correlate the needs of the homes with the
demographics of the residents and their geographical location
with particular attention paid to cities eligible for Hardest
Hit Funds. The Department is also directed to provide technical
assistance and educational training opportunities to its
regional staff and grantees on utilizing HOME funds along-side
other complementary weatherization funds from LIHEAP and the
Department of Energy. HUD shall instruct grantees about the
possibilities of a community approach in outreach.
Small communities surveys.--The Committee understands that
the Department is completing an analysis of small survey sample
problems in Washington State and looks forward to seeing the
results and any accompanying recommendations within 120 days of
enactment of this Act.
Neighborhood Stabilization/Hardest Hit Fund.--The Committee
notes that Neighborhood Stabilization Program grantees have
$400,000,000 remaining in grant funds and program income and
encourages the Department to work with grantees to address the
need for revitalization of distressed neighborhoods.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation on
Budget authority guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year - - - $300,000,000
2019.......................
Budget request, fiscal year - - - - - -
2020.......................
Recommended in the bill..... - - - 300,000,000
Bill compared with:
Appropriation, fiscal year - - - - - -
2019.......................
Budget request, fiscal - - - +300,000,000
year 2020..................
------------------------------------------------------------------------
The Section 108 Loan Guarantee program is a source of
variable and fixed-rate financing for communities undertaking
projects eligible under the CDBG program.
COMMITTEE RECOMMENDATION
The Committee recommendation continues the Section 108 Loan
Guarantee program as a borrower-paid subsidy program, and
therefore recommends providing no budget authority, but
provides a limit on guaranteed loan volume of $300,000,000.
HOME INVESTMENT PARTNERSHIPS PROGRAM
Appropriation, fiscal year 2019....................... $1,250,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 1,750,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +500,000,000
Budget request, fiscal year 2020.................... +1,750,000,000
The HOME Investment Partnerships Program provides block
grants to participating jurisdictions (States and units of
general local government) to undertake activities that expand
the supply of affordable housing. HOME block grants are
distributed based on formula allocations. Upon receipt of these
Federal funds, State and local governments develop a housing
affordability strategy to acquire, rehabilitate, or construct
new affordable housing, or to provide rental assistance to
eligible families.
COMMITTEE RECOMMENDATION
The Committee recommends $1,750,000,000 for activities
funded under this account. This increase is especially
significant because the HOME program is both an infrastructure
program that creates jobs and one that serves vulnerable
populations by enabling States and localities to expand their
supply of affordable housing. HOME has invested $31,900,000,000
since 1992 to help build and preserve about 1,300,000
affordable homes and to provide direct rental assistance to
more than 358,000 families. This investment has supported more
than 640,000 jobs and leveraged over $147,000,000,000 in other
public and private funds.
High-cost metropolitan areas.--In fiscal year 2019, the
Committee directed the Department to report to the House and
Senate Committees on Appropriations to identify metropolitan
areas where entry limits harmful to geographic and economic
mobility are most prevalent and to recommend best practices to
promote the production of new housing stock in such areas. The
Committee looks forward to receiving that report.
Increasing homeownership opportunities.--The Committee
encourages the Department to examine HOME's rental unit
requirements, which may inhibit opportunities for homeownership
for income eligible homebuyers under the program.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
Appropriation, fiscal year 2019....................... $54,000,000
Budget request, fiscal year 2020...................... - - -
Recommended in the bill............................... 55,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +1,000,000
Budget request, fiscal year 2020.................... +55,000,000
The Self-Help and Assisted Homeownership Opportunity
Program (SHOP) helps support low-income homeownership by
providing funding for non-profits and consortia that utilize
the sweat-equity model to build housing for first-time
homeowners. Grant funds are used for land acquisition and
improvements associated with developing new, quality dwellings
for low-income persons, including those living in colonias,
using the self-help model.
Section 4 Capacity Building funds are set aside within this
account and are awarded to a limited number of non-profits to
develop the capacity of community development corporations and
community housing development organizations to carry out
community development and affordable housing activities.
Section 4 funds must be matched by recipients with at least
three times the grant amount in private funding.
COMMITTEE RECOMMENDATION
The Committee recommends $55,000,000 for the Self-Help and
Assisted Homeownership Program and directs that Section 4 funds
be awarded competitively to non-profits to aid community
development corporations and community housing development
organizations. The following table provides funding levels for
activities within this account.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
SHOP.............................. - - - $10,000,000
Section 4 Capacity Building....... - - - 40,000,000
[Rural Capacity Building]....... [- - -] [5,000,000]
National Organizations Rural - - - 5,000,000
Housing Capacity Building........
-------------------------------------
Total......................... - - - 55,000,000
------------------------------------------------------------------------
HOMELESS ASSISTANCE GRANTS
Appropriation, fiscal year 2019....................... $2,636,000,000
Budget request, fiscal year 2020...................... 2,598,600,000
Recommended in the bill............................... 2,800,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +164,000,000
Budget request, fiscal year 2020.................... +201,400,000
The Homeless Assistance Grants account provides funding for
programs under title IV of the McKinney Act, as amended by the
Homeless Emergency Assistance and Rapid Transition to Housing
(HEARTH) Act of 2009. HEARTH Act programs include the Continuum
of Care (CoC) competitive grants, the Emergency Solutions
Grants (ESG) program, and the Rural Housing Stability Grants
program.
COMMITTEE RECOMMENDATION
The Committee recommends $2,800,000,000 for homeless
assistance grants, available until September 30, 2022. The
following table provides funding levels for activities within
this account.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Continuum of Care................. $2,321,600,000 $2,344,000,000
Emergency Solutions Grants........ 270,000,000 290,000,000
Domestic Violence Survivors....... - - - 50,000,000
Homeless Data Analysis Project.... 7,000,000 7,000,000
Youth Homelessness Demonstration.. - - - 100,000,000
Unallocated....................... - - - 9,000,000
-------------------------------------
TOTAL......................... 2,598,000,000 2,800,000,000
------------------------------------------------------------------------
Performance-driven funding awards.--Holding projects
accountable to their ability to demonstrate effectiveness
through performance data is essential to getting the most out
of limited Federal resources. While the recommendation does not
include bill language directing the Secretary to increase the
share of funding on the basis of system performance as in prior
years, the Committee recognizes the increased competition in
the program and directs the Secretary to maintain the share of
the score awarded on performance criteria.
Continuum of Care funding reallocation.--The recommendation
includes language that directs the Secretary to prioritize
funding to grantees that, when appropriate, reallocate funding
from lower performing projects to higher performing projects.
Reallocation drives higher return on investment and can also
serve as a mechanism for containing annual inflation.
HUD HAG Fund.--The Homeless Assistance Grants account
recaptures funding from grantees that are unable to utilize
grant awards in a given fiscal year. HUD's use of recaptures
has ensured that grantees remain accountable in providing
services and meeting performance goals. However, in fiscal year
2018, HUD allowed $164,000,000 of prior year funding to lapse.
These funds could have been used to deepen America's response
to homelessness. The Committee recommendation includes language
in section 231 that creates the ``HUD HAG Fund'' which allows
the Department to deposit recaptured funds into a central
account and to use those funds until expended. The funding may
be used in the Continuum of Care program and the Emergency
Solutions Grant program. Additionally, no less than 10 percent
of the funds will be targeted for new grants to rural areas and
no less than 10 percent for a new program to assist people
experiencing homelessness in areas that were impacted by a
major natural disaster. Past data indicate that the HUD HAG
Fund will provide approximately $90,000,000 in additional
resources to fight homelessness each year.
Comprehensive approaches to serving homeless youth.--The
recommendation includes $100,000,000 for a fifth round of the
youth homelessness demonstration program, of which up to
$10,000,000 shall be used to provide technical assistance and
capacity building. The Committee believes that every Continuum
of Care must provide safe, inclusive, and culturally
appropriate services for homeless youth. LGBTQ youth and youth
of color are disproportionately impacted by experiences of
homelessness. In anticipation of the transition from a
demonstration program to services provided by all continua of
care, the Committee directs the Secretary to compile best
practices in serving youth experiencing homelessness and
disseminate those best practices to all grantees.
Further, the Committee recognizes the challenges faced by
vulnerable youth exiting the foster care system who face
significantly higher risks of experiencing homelessness,
domestic violence, and sex trafficking. The Committee
encourages HUD to diligently ensure that the Continuum of Care
program continues to address all populations including youth
who have aged out of foster care.
Maintaining progress toward ending youth homelessness.--The
Administration's regulatory impact analysis accompanying the
proposed rule ``Housing and Community Development Act of 1980:
Verification of Eligible Status'' regarding undocumented
immigrants in assisted housing indicates that the proposed rule
would threaten the housing tenure of thousands of children who
are U.S. citizens. The recommendation prohibits HUD from
implementing the proposed rule or proposing a similar rule in
the future. The Committee rejects this and any other proposal
that would likely increase the number of homeless youth.
A 2012 study from the Williams Institute indicated that
LGBTQ youth comprised up to 40 percent of the homeless
population, and a 2017 study from Chapin Hall indicates that
LGBTQ youth were 120 percent more likely to experience
homelessness than non-LGBTQ youth. HUD's Equal Access to
Housing rules (77 FR 5662 and 81 FR 64763) are critical in
ensuring that all homeless youth have access to services. To
ensure progress toward ending youth homelessness, the
recommendation includes a prohibition on HUD altering or
rescinding these rules. In January 2017, HUD withdrew guidance
that clarified the Equal Access to Housing rules--guidance of
practical use to providers who serve youth experiencing
homelessness. In fiscal years 2016 and 2019, the Committee
requested that the Department provide a report detailing the
Department's strategy for continuing to ensure that LGBTQ
individuals have access to HUD programs for which they are
eligible, and the plan for disseminating this information to
PHAs. HUD has yet to provide such a strategy or a plan.
Accordingly, the recommendation includes language restoring the
guidance that was withdrawn in 2017 and codifies the guidance
in law. Together, these actions will ensure that all homeless
youth have access to HUD-funded services.
Finally, the recommendation also includes language that
requires HUD to use the criteria specified in the 2018 notice
of funding availability (NOFA) when administering homeless
assistance grants programs. HUD's fiscal year 2018 NOFA
provides a framework that prioritizes permanent housing first,
while allowing for the strategic use of transitional housing
for targeted populations, including homeless youth.
Addressing the needs of victims and survivors of domestic
violence, sexual violence and stalking.--The recommendation
includes $50,000,000 for rapid re-housing and supportive
service projects for survivors of domestic violence, sexual
assault, dating violence, and stalking. The Committee
recommends that the Department and CoCs partner with providers,
including victim service providers, that have experience in
delivering trauma-specific and culturally appropriate care to
survivors.
Companion animals.--The Committee directs the Secretary to
enter into consultation with the Secretary of Agriculture
within 60 days of enactment of this Act, and enter into a
memoranda of understanding as directed, to establish the
requirements for grant application and execution under Section
12502 of P.L. 115-334, the Agriculture Improvement Act of 2018,
to provide emergency and transitional shelter and housing
options for domestic violence survivors with companion animals.
Trauma-informed care.--The Committee recognizes the value
of trauma-informed care and housing services and supports
expanding the availability of these services to families,
families with children, and individuals that are currently, or
on the verge of, being homeless.
Unsheltered homelessness.--The Committee directs the
Secretary to prioritize interventions that will reduce
unsheltered homelessness in both the Continuum of Care and
Emergency Solutions Grants programs. The Committee reminds
grantees that the Emergency Solutions Grant program can be used
as a tool to prevent evictions.
Service needs of local communities.--The Committee
recognizes that local communities are best able to determine
the housing and service needs of different local homeless
populations, including youth, families, veterans, persons with
disabilities, and others, and may wish to do more to address
the needs of the populations for which they identify the
greatest local gaps. The Committee encourages HUD to honor
communities' pressing local priorities and assessments of need.
Additional homeless housing options.--The Committee directs
the Department to report on the legislative and programmatic
changes required to utilize ``tiny homes'' to house homeless
individuals through the Continuum of Care program. The report
should also identify other HUD programs where tiny house
construction and operation are eligible uses of funds. The
report should be provided 120 days after enactment of this Act.
Homelessness and transit.--The Committee recognizes that
the lack of affordable housing is resulting in increasing
numbers of homeless individuals and families using public
transit systems for shelter. The Committee encourages Community
Planning and Development, together with the FTA, to collaborate
with local transit agencies and homelessness stakeholders to
develop collaborative, multi-sectoral strategies and models to
address the needs of transit systems and homeless populations
using transit for shelter.
Housing Programs
PROJECT-BASED RENTAL ASSISTANCE
Appropriation, fiscal year 2019....................... $11,747,000,000
Budget request, fiscal year 2020...................... 12,021,000,000
Recommended in the bill............................... 12,590,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +843,000,000
Budget request, fiscal year 2020.................... +569,000,000
The Project-Based Rental Assistance (PBRA) account provides
rental assistance to approximately 1.2 million low-income and
very low-income households in specific multifamily rental
developments. The assistance is provided through contracts with
private landlords, so the property itself is subsidized. This
account includes funding for the renewal of expiring project-
based contracts, including Section 8, moderate rehabilitation,
and single room occupancy contracts, amendments to Section 8
project-based contracts, and administrative costs for contract
administration.
COMMITTEE RECOMMENDATION
The Committee provides a total of $12,590,000,000,
including $400,000,000 provided as advance appropriations, for
the annual renewal of project-based contracts. The
recommendation funds renewals and amendments, provides 12
months of funding for all contracts in the portfolio, and also
includes $345,000,000 for performance-based contract
administrators. The Committee rejects the rental reforms
proposed in the Administration's budget request.
Performance-based contract administrators (PBCAs).--PBCAs
are responsible for conducting on-site management reviews of
assisted properties, adjusting contract rents, and reviewing,
processing, and paying monthly vouchers, among other tasks.
PBCAs have been integral to the Department's efforts to be more
effective and efficient in the oversight and monitoring of HUD-
assisted housing, reduce improper payments, protect residents,
and ensure properties are well maintained.
The Committee remains concerned about HUD's PBCA
solicitation and awards procedures, which have resulted in
litigation, as well as by the structure of the contracts, which
increases costs and creates the potential for excessive
profits. The fees earned by PBCAs are based on the area's fair
market rent and are unrelated to the costs of performing the
contract. HUD spent hundreds of millions on incentive fees for
performing required tasks on time and for providing customer
service. A Committee analysis of the 2011 and 2012 PBCA bids
indicates that competitive bidding of PBCA contracts could have
saved $80 to $100 million in fiscal year 2017 alone.
The Committee recognizes that HUD is working to develop a
new solicitation for PBCA contracts while balancing Court
rulings, stakeholder comments and requirements under the
Federal Acquisition Regulations and Competition in Contracting
Act. The Committee looks forward to the process moving forward
with a new contract structure that removes the potential for
excessive profits. The Committee also directs HUD to ensure
that affected stakeholders have sufficient time to submit
comments and provide input regarding any proposed program
changes.
HOUSING FOR THE ELDERLY
Appropriation, fiscal year 2019....................... $678,000,000
Budget request, fiscal year 2020...................... 644,000,000
Recommended in the bill............................... 803,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +125,000,000
Budget request, fiscal year 2020.................... +159,000,000
The Housing for the Elderly (Section 202) program provides
eligible private, non-profit organizations with capital grants
to finance the acquisition, rehabilitation or construction of
housing intended for low-income, elderly people. In addition,
the program provides project-based rental assistance contracts
(PRAC) to support operational costs for units constructed under
the program.
COMMITTEE RECOMMENDATION
The Committee provides $803,000,000 for Housing for the
Elderly, which will fully fund contract renewals and
amendments. Up to $95,000,000 of that amount may be directed to
service coordinators and the continuation of congregate
services grants to provide supportive services for frail
residents. This recommendation includes more than $140,000,000
for new construction of affordable senior housing. The
Committee continues to include bill language relating to the
initial contract and renewal terms for assistance provided
under this heading and language allowing funds to be used for
inspections and analysis of data by HUD's real estate
assessment center (REAC) program office. The Committee rejects
rental reforms proposed in the budget request.
New construction.--For the third year in a row, the
Committee is providing significant resources for new
construction of affordable housing for low-income elderly
residents. These investments reflect the Committee's commitment
to increase the supply of senior housing and address acute
housing shortages. Currently, HUD can only provide assisted
housing to one out of three eligible seniors, and that shortage
will only increase as Baby Boomers age into retirement. The
Committee directs the Department to move expeditiously to
develop Notices of Funding Availability to begin construction
on this much needed housing as quickly as possible.
Aging in place.--The Committee recognizes that significant
cost savings are associated with independent living, as opposed
to a nursing home or assisted living facility. The Act provides
$10,000,000 to continue an aging in place program which
provides grants to experienced non-profit organizations,
States, local governments, or public housing agencies for
safety and functional home modification repairs to meet the
needs of low-income elderly persons to enable them to remain in
their primary residence.
HOUSING FOR PERSONS WITH DISABILITIES
Appropriation, fiscal year 2019....................... $184,155,000
Budget request, fiscal year 2020...................... 157,000,000
Recommended in the bill............................... 258,510,000
Bill compared with:
Appropriation, fiscal year 2019..................... +74,355,000
Budget request, fiscal year 2020.................... +101,510,000
The Housing for Persons with Disabilities (Section 811)
program provides eligible private, non-profit organizations
with capital grants to finance the acquisition, rehabilitation
or construction of supportive housing for disabled persons and
provides project-based rental assistance (PRAC) to support
operational costs for such units.
COMMITTEE RECOMMENDATION
The Committee provides $258,510,000 for Housing for Persons
with Disabilities, which will fully fund project rental
assistance and project assistant contract renewals and
amendments. This recommendation includes $96,510,000 for new
construction of affordable housing for persons with
disabilities. The recommendation continues to include bill
language allowing funds to be used for inspections and analysis
of data by HUD's REAC office. The Committee rejects rental
reforms proposed in the budget request.
Importance of supportive services.--Access to affordable
housing is a significant barrier to providing persons with
disabilities with the option of independent living, which is
significantly more cost-effective than nursing homes or other
institutions. The Committee is deeply concerned by reports that
in some States, despite long waiting lists for 811-funded
housing, units remain vacant due to the lack of supportive
services. These services are a program requirement and are
essential to meeting program goals. The Committee has provided
increased resources over the past several years for the Section
811 program to address the need for affordable housing for
persons with disabilities. The Committee directs the Department
to work with housing providers to ensure that 811 projects are
meeting program goals. In addition, the Department is directed
to provide the House and Senate Committees on Appropriations
and the authorizing Committees with information on vacancy
rates and waiting lists (by State), how 811-funded projects are
partnering with service providers including State health and
human services departments and Medicaid agencies to provide
access to community-based supportive services, and
recommendations to ensure that necessary supportive services
for tenants are provided in all units.
HOUSING COUNSELING ASSISTANCE
Appropriation, fiscal year 2019....................... $50,000,000
Budget request, fiscal year 2020...................... 45,000,000
Recommended in the bill............................... 60,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +10,000,000
Budget request, fiscal year 2020.................... +15,000,000
The Housing Counseling Assistance program, authorized under
Section 106 of the Housing and Urban Development Act of 1968,
works with a nationwide network of housing counseling agencies
and counselors to provide tools to current and prospective
homeowners and renters so they can make responsible choices to
address their housing needs. Housing counseling services range
from addressing homelessness and preventing foreclosures to
planning for first-time home purchases. Housing counselors have
also provided assistance to victims of natural disasters.
COMMITTEE RECOMMENDATION
The Committee recommends $60,000,000 for Housing Counseling
Assistance, which will help provide quality counseling services
to 1.3 million consumers. The Committee retains bill language
that provides two-year funding availability, requires the
Department to make grants within 180 days of enactment, and
allows multi-year agreements.
Eviction counseling.--Nearly one million households in the
United States were evicted in 2016. The Committee is concerned
about the short- and long-term effects of these evictions on
families and individuals. The Committee directs the Department
to work with housing counselors to improve prevention efforts
in order to assist renters at risk of eviction and to report to
the House and Senate Committees on Appropriations within 120
days of enactment of this Act on their efforts to improve their
processes, including the identification of any barriers to the
collection of data on at-risk households, and how the
Department will augment the services offered by housing
counselors.
Language accessibility.--The Housing Counseling Assistance
program publishes flyers, brochures, and posters in Spanish and
English to help homebuyers and renters make informed decisions.
The Committee directs the Department to expand publication of
Housing Counseling Assistance resources in additional
languages, prioritizing based on data published by the U.S.
Census Bureau on the most commonly spoken languages in the
United States.
RENTAL HOUSING ASSISTANCE
Appropriation, fiscal year 2019....................... $5,000,000
Budget request, fiscal year 2020...................... 3,000,000
Recommended in the bill............................... 3,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... -2,000,000
Budget request, fiscal year 2020.................... - - -
As the contracts for Rent Supplement and Rental Assistance
Payment expire, these properties can be preserved as affordable
housing stock under the Rental Assistance Demonstration
program. The Rental Housing Assistance program bridges the
costs attributable to the timing of this conversion.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
Appropriation, fiscal year 2019....................... $12,000,000
Budget request, fiscal year 2020...................... 12,000,000
Recommended in the bill............................... 12,400,000
Bill compared with:
Appropriation, fiscal year 2019..................... +400,000
Budget request, fiscal year 2020.................... +400,000
The Office of Manufactured Housing establishes and enforces
Federal standards for the design and construction of
manufactured homes to assure quality, durability, safety, and
affordability. All manufactured homes are required to meet
Federal standards, and fees are charged to producers to cover
the costs of administering the program.
COMMITTEE RECOMMENDATION
The Committee recognizes the difficulty that communities
have in providing affordable housing to residents and
encourages the Secretary to consider incorporating manufactured
housing in the Department's affordable housing strategies.
Federal Housing Administration
MUTUAL MORTGAGE INSURANCE PROGRAM
(INCLUDING TRANSFER OF FUNDS)
----------------------------------------------------------------------------------------------------------------
Limitation of Limitation of Administrative
direct loans guaranteed loans contract expenses
----------------------------------------------------------------------------------------------------------------
Appropriation, fiscal year 2019........................ $1,000,000 $400,000,000,000 $130,000,000
Budget request, fiscal year 2020....................... 1,000,000 400,000,000,000 150,000,000
Recommended in the bill................................ 1,000,000 400,000,000,000 130,000,000
Bill compared to:
Appropriation, fiscal year 2019...................... - - - - - - - - -
Budget request, fiscal year 2020..................... - - - - - - -20,000,000
----------------------------------------------------------------------------------------------------------------
The Federal Housing Administration (FHA) provides mortgage
insurance for the purchase, refinance, and rehabilitation of
single-family homes. FHA mortgage insurance is designed to
encourage lenders to make credit available to borrowers whom
the conventional market perceives as bearing more risk,
including first-time homebuyers, minorities, lower-income
families, and residents of underserved areas (central cities
and rural areas).
COMMITTEE RECOMMENDATION
Information technology.--The Committee supports technology
upgrades at the FHA and provides additional resources within
the Cybersecurity and Information Technology Fund specifically
for FHA.
Loan limits.--The Committee encourages HUD to use the
highest possible median house price to calculate FHA loan
limits for Metropolitan Statistical Areas (MSA) that
experienced a drop in FHA loan limits of 20 percent or more
when the Housing Economic Recovery Act went into effect. To
qualify, MSAs must be at least 1,300 square miles or more in
land area.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation of Limitation of
direct loans guaranteed loans
------------------------------------------------------------------------
Appropriation, fiscal year 2019..... $1,000,000 $30,000,000,000
Budget request, fiscal year 2020.... 1,000,000 30,000,000,000
Recommended in the bill............. 1,000,000 30,000,000,000
Bill compared to:
Appropriation, fiscal year 2019... - - - - - -
Budget request, fiscal year 2020.. - - - - - -
------------------------------------------------------------------------
The Federal Housing Administration's (FHA) general
insurance and special risk insurance (GI and SRI) program
account includes 17 different programs administered by FHA. The
GI fund includes a wide variety of insurance programs for
special-purpose single and multifamily loans, including loans
for property improvements, manufactured housing, multifamily
rental housing, condominiums, housing for the elderly,
hospitals, group practice facilities, and nursing homes. The
SRI fund includes insurance programs for mortgages in older,
declining urban areas that would not be otherwise eligible for
insurance, mortgages with interest reduction payments, and
mortgages for experimental housing and for high-risk mortgagors
who would not normally be eligible for mortgage insurance
without housing counseling.
COMMITTEE RECOMMENDATION
Not later than 120 days after the enactment of this Act,
the FHA shall submit a report to the House and Senate
Committees on Appropriations on the feasibility of expanding
the section 232 mortgage insurance program to finance
facilities that provide drug and alcohol rehabilitation
services (especially for opioid addiction treatment) in a
residential setting. The report shall include a review of
statutory and regulatory permissibility, the estimated cost to
the section 232 program, and options for structuring a
demonstration program.
Government National Mortgage Association
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
------------------------------------------------------------------------
Limitation of Administrative
guaranteed loans contract expenses
------------------------------------------------------------------------
Appropriation, fiscal year 2019. $550,000,000,000 $27,000,000
Budget request, fiscal year 2020 550,000,000,000 28,400,000
Recommended in the bill......... 550,000,000,000 27,000,000
Bill compared to:
Appropriation, fiscal year - - - - - -
2019...........................
Budget request, fiscal year - - - -1,400,000
2020...........................
------------------------------------------------------------------------
Government National Mortgage Association (GNMA) guarantees
the timely payment of principal and interest on mortgage-backed
securities issued by private institutions such as mortgage
companies and banks. The only loans in these privately issued
securities are mortgages either issued or guaranteed by the
Federal Housing Administration, the Department of Veterans
Affairs, and U.S. Department of Agriculture.
Policy Development and Research
RESEARCH AND TECHNOLOGY
Appropriation, fiscal year 2019....................... $96,000,000
Budget request, fiscal year 2020...................... 87,000,000
Recommended in the bill............................... 98,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +2,000,000
Budget request, fiscal year 2020.................... +11,000,000
Title V of the Housing and Urban Development Act of 1970,
as amended, directs the Secretary of the Department of Housing
and Urban Development to undertake programs of research,
evaluation, and reports relating to the Department's mission
and programs. These functions are carried out internally and
through grants and contracts with industry, nonprofit research
organizations, educational institutions, and through agreements
with State and local governments and other Federal agencies.
The research programs seek ways to improve the efficiency,
effectiveness, and equity of HUD programs and to identify
methods to achieve cost reductions. This appropriation is used
to support HUD evaluation and monitoring activities and to
conduct housing surveys. Finally, funds under this heading are
used to support technical assistance activities to the various
States, communities, and agencies that are charged with
administering HUD's programs and funds.
COMMITTEE RECOMMENDATION
The Committee recommends $98,000,000 for this account.
Of the activities proposed in the budget, the Committee
recommends up to $50,000,000 for the core research programs,
including market surveys, research support and dissemination,
data acquisition, housing finance studies, research
partnerships, and housing technology.
The Committee recommends $17,000,000 for new and continuing
studies and demonstration evaluations, including the:
Housing Discrimination Study 2020, including
studying discrimination faced by Low English
Proficiency (LEP) individuals,
Collaboration with Centers for Medicare and
Medicaid Services: how Medicare and Medicaid funds can
be used to support programs that use affordable senior
housing as a platform for coordinating health,
wellness, and supportive services and programs to help
older adults remain healthy, age in their community,
and reduce their use of costly health care services,
Moving to Work Expansion,
Disaster Recovery Research,
Family Options: 10 Year Follow-up,
Family Self-Sufficiency Long-term Program
Tracking,
Competitive Evaluation Grants: Assessing the
Impacts of CDBG and HOME eligible activities,
Evaluation of Section 202 Construction
Activities,
Evaluation of Programs in Response to
Foreclosure Crisis,
Impact of RAD on Children in Assisted
Households,
Qualitative study of how publicly available
data on rental property health and safety violations
impact landlord and renter behavior,
Housing Search Assistance for People with
Disabilities, and
A study of alternative methods for
calculating Fair Market Rents in rental markets with
rapidly rising rents.
The recommendation does not include additional funding for
the Envision Center technical assistance funded in fiscal year
2019 and directs the Department to provide a briefing and
report to the Committee on the outcomes from fiscal year 2019
funding before seeking additional resources.
Further, the Committee's recommendation includes
$31,000,000 for all technical assistance. Of the funds made
available under technical assistance, $5,000,000 shall be
available on a competitive basis to non-profit or private
sector organizations to provide technical assistance to
distressed cities or regions, including those that were
impacted by a natural disaster.
As in prior years, the Committee includes a provision
prohibiting funds from being used for a doctoral dissertation
research grant program. The Committee also includes a general
provision in title II of this Act that allows the Department to
use prior year deobligated or unexpended funds made available
to the Office of Policy Development and Research for other
research and evaluations. The Committee provides this authority
under the condition that any new obligations are subject to the
regular reprogramming procedures outlined in section 405 of
this Act.
Worst Case Housing Needs.--The Committee is concerned with
the shortage of affordable housing across the country. HUD
reports to Congress biennially on the Worst Case Housing Needs
(WCN) using American Housing Survey data. The Committee looks
forward to receiving HUD's report on 2017 WCN this year and the
2019 report early in 2021.
HUD housing data obtained from the U.S. Postal Service.--
The Committee appreciates the importance of sharing anonymized
data about the occupancy status and condition of residential
and commercial addresses with researchers inside and outside
government. The Committee recognizes that this data, collected
by the U.S. Postal Service (USPS), could be a powerful tool for
understanding the nature of vacancy and blight at the
neighborhood level. However, the Committee is concerned that
useful granular data on these conditions do not exist. The
Committee is providing the Department up to $500,000 to work
with the USPS to design and undertake further research on how
these data could be made more useful for research and
practitioners to understand neighborhood change. Specifically,
the Committee recommends studying ways to improve data
consistency, segregate P.O. box data, differentiate no-stat for
blight versus no-stat for development, distinguish a vacant
single-family home versus a vacant unit in a multi-family
building, and preserve the geographic integrity of the data
across time.
Fair Housing and Equal Opportunity
FAIR HOUSING ACTIVITIES
Appropriation, fiscal year 2019....................... $65,300,000
Budget request, fiscal year 2020...................... 62,300,000
Recommended in the bill............................... 75,300,000
Bill compared with:
Appropriation, fiscal year 2019..................... +10,000,000
Budget request, fiscal year 2020.................... +13,000,000
The Office of Fair Housing and Equal Opportunity (OFHEO) is
responsible for implementation and enforcement of the Fair
Housing Act, Title VI of the Civil Rights Act of 1964, Section
109 of the Housing and Community Development Act of 1974,
Section 504 of the Rehabilitation Act of 1973, Titles II and
III of the Americans with Disabilities Act of 1990, the
Architectural Barriers Act of 1968, the Age Discrimination Act
of 1975, Title IX of the Education Amendments Act of 1972, and
Section 3 of the Housing and Urban Development Act of 1968.
OFHEO is responsible for the enforcement, administration,
development, and public understanding of Federal fair housing
policies and laws. OFHEO manages fair housing grants,
investigates discrimination complaints, conducts civil rights
compliance reviews, and ensures civil rights protections are
included in HUD programs, with the overall goal of preventing
housing discrimination.
COMMITTEE RECOMMENDATION
The Committee provides $75,300,000 for the Office of Fair
Housing and Equal Opportunity. The following table details the
funding for various fair housing activities undertaken by the
office.
------------------------------------------------------------------------
Request Recommendation
------------------------------------------------------------------------
Fair Housing Assistance Program. $24,300,000 $27,000,000
Fair Housing Initiative Program. 36,200,000 46,350,000
Limited English Proficiency 300,000 450,000
Initiative.....................
National Fair Housing Training 1,500,000 1,500,000
Academy........................
---------------------------------------
Total....................... 62,300,000 75,300,000
------------------------------------------------------------------------
Grant award disbursements.--The Committee is concerned
about ongoing delays in administering Fair Housing Initiatives
Program grants, which serve to address housing discrimination
through testing, enforcement, and educational activities. These
delays threaten the integrity and function of the program,
which plays an essential role in enforcing the Fair Housing
Act. The Act includes a requirement that fiscal year 2020
grants be awarded no later than 120 days after enactment of
this Act. Further, the Committee directs that any outstanding
fiscal year 2019 grants also be awarded no later than 120 days
after enactment of this Act.
Fair housing enforcement.--The Committee is concerned about
recent policy decisions by the Department that suggest a shift
away from enforcing the Fair Housing Act of 1968, or Title VIII
of P.L. 90-284. The Committee is particularly concerned that
the OFHEO is inadequately staffed to resolve complaints of
discrimination and find justice for families who become
homeless or destabilized as a result of illegal discrimination.
The Committee looks forward to receiving the report requested
in the fiscal year 2019 Act detailing the total number of Fair
Housing and Equal Opportunity investigations, settlements,
closures and dismissals that occurred over the past year,
categorized by State.
In addition, the Committee directs the Department to
provide a comprehensive report on the disposition of housing
discrimination complaints in the Secretary's annual fair
housing report to Congress (42 U.S.C. 3608(e)(2)). This report
should provide the following data for HUD and Fair Housing
Assistance Program jurisdictions: the total number of
complaints filed, pending and resolved in the last fiscal year
and an analysis of whether the complaint was based on race,
religion, sex, national origin, familial status (families with
children under 18), or disability. The report should also
include an analysis of the average wait times from when a
complaint is filed to when it is resolved, disaggregated by
State, county, and protected basis. This report should be
completed within 180 days of enactment of this Act and every
year thereafter. The Department should refrain from including
any information that may be privileged, is otherwise protected
from disclosure, or that the Department determines would be
detrimental to any investigation, settlement, or case.
Discrimination against individuals with disabilities.--
Equal access to the rental housing market for individuals with
disabilities is crucial to meeting the holdings of Olmstead v.
L.C., 527 U.S. 581 (1999), and ensuring that those populations
are not forced to remain in nursing homes and other
institutional settings. Housing discrimination complaints based
on disability have made up more than half of housing
discrimination complaints received by public and private fair
housing organizations. The Committee directs the Department to
develop educational materials for individuals with disabilities
and for housing providers regarding fair housing rights and
obligations, including appropriate policies and practices when
dealing with individuals with mental illnesses and intellectual
or developmental disabilities. These materials should also
assist individuals with disabilities who are leaving
institutional or segregated settings by informing them of their
legal rights, how to recognize discrimination, and what actions
to take when faced with discrimination.
No lobbying with Federal funds.--Under 18 U.S.C. 1913,
Federal funds can not be used for the purposes of lobbying.
Bill language restating this prohibition was removed as it was
redundant of current law.
Spending plan.--The Committee directs the Department to
provide a spending plan for all funds and activities in this
account concurrent with the fiscal year 2020 operating plan.
Office of Lead Hazard Control and Healthy Homes
LEAD HAZARD REDUCTION
Appropriation, fiscal year 2019....................... $279,000,000
Budget request, fiscal year 2020...................... 290,000,000
Recommended in the bill............................... 290,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +11,000,000
Budget request, fiscal year 2020.................... - - -
The Office of Healthy Homes and Lead Hazard Control
(OHHLHC) is responsible for the administration of the Lead-
Based Paint Hazard Reduction program authorized by Title X of
the Housing and Community Development Act of 1992. Through the
Healthy Homes Initiative, the Office also addresses multiple
housing-related hazards affecting the health of residents,
particularly children. OHHLHC develops lead-based paint
regulations, guidelines, and policies applicable to HUD
programs, and enforces the Lead Disclosure Rule issued under
Title X. For both lead-related and healthy homes issues, OHHLHC
designs and administers programs for grants, training,
research, demonstration, and education.
COMMITTEE RECOMMENDATION
The Committee recommends $290,000,000 for the Office of
Lead Hazard Control and Healthy Homes. Of this amount,
$56,000,000 is directed to the Healthy Homes Initiative.
Coordination with weatherization activities.--Of the funds
provided for the Healthy Homes Initiative, the Committee
directs that $5,000,000 be used to establish pilot projects in
up to five communities that are served by both Healthy Homes
and Department of Energy weatherization programs. Grantees will
coordinate Healthy Homes remediation activities with
weatherization activities and evaluate whether better outcomes
are achieved in improving the safety and quality of the homes.
Lead in drinking water.--The Committee encourages the
Secretary to evaluate high priority sources of lead
contamination in HUD-assisted housing and to work in
coordination with the Environmental Protection Agency (EPA) to
mitigate sources of lead exposure as a result of water from the
public water supply and ambient air levels or industrial
emissions. The Committee directs the Secretary to establish a
pilot program to test for lead water levels, identify lead
service lines and other sources of lead in drinking water
serving housing units. The Committee also directs the Secretary
to encourage EPA to have public water systems remediate such
threats and optimize corrosion control treatment in public
water systems serving such housing units.
Lead hazard control.--The Committee notes the value of the
OHHLHC in the effort to eliminate childhood lead poisoning.
Lead risk assessments are essential in halting exposure to
lead-based paint. The Committee requests that HUD evaluate the
implemention of the Lead Safe Housing Rule in multifamily
housing in which a child under the age of six is found with an
elevated blood lead level. HUD should also evaluate the
implemention of the requirement to conduct a risk assessment
for lead-based paint hazards in other units in a multifamily
development.
Period of availability.--Per the Department's budget
request, the Act changes the period of grant availability from
two to three years.
Spending plan.--The Committee directs the Department to
provide a spending plan for all funds and activities in this
account concurrent with the fiscal year 2020 operating plan.
Cybersecurity and Information Technology Fund
Appropriation, fiscal year 2019....................... $280,000,000
Budget request, fiscal year 2020...................... 280,000,000
Recommended in the bill............................... 300,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +20,000,000
Budget request, fiscal year 2020.................... +20,000,000
The Cybersecurity and Information Technology (CIT) Fund
finances the information technology (IT) systems that support
departmental programs and operations, including mortgage
insurance, housing assistance and grant programs, as well as
core financial and general operations. More importantly, the
CIT prevents breaches into HUD's information technology
systems, which contain personal identifiable information,
sensitive financial data, and data exchanges with financial
institutions.
COMMITTEE RECOMMENDATION
The Committee continues to support HUD's efforts to retire
obsolete, inefficient, and expensive IT and provides
$20,000,000 specifically for Federal Housing Administration
(FHA) IT for the purposes of improving operations, data
security and financial risk assessment, and program
performance, and eliminating fraud. FHA's reliance on legacy
systems has resulted in outages, sometimes lasting for days,
disrupting the home purchasing process.
Office of Inspector General
SALARIES AND EXPENSES
Appropriation, fiscal year 2019....................... $128,082,000
Budget request, fiscal year 2020...................... 129,400,000
Recommended in the bill............................... 132,489,000
Bill compared with:
Appropriation, fiscal year 2019..................... +4,407,000
Budget request, fiscal year 2020.................... +3,089,000
The Office of Inspector General (OIG) provides agency-wide
audit and investigative functions to identify and correct
management and administrative deficiencies that create
conditions for waste, fraud, and mismanagement. The audit
function provides internal audit, contract audit, and
inspection services. Contract audits provide professional
advice to agency contracting officials on accounting and
financial matters relative to negotiation, award,
administration, re-pricing, and settlement of contracts.
Internal audits evaluate all facets of agency operations.
Inspection services provide detailed technical evaluations of
agency operations. The investigative function provides for the
detection and investigation of improper and illegal activities
involving programs, personnel, and operations.
COMMITTEE RECOMMENDATION
The Committee recommends $132,489,000 for the Office of
Inspector General.
The Committee recognizes the importance of the OIG's role
in safeguarding against waste and fraud and upholding HUD as a
principled and financially sound agency. The congressionally
mandated and self-initiated reports and investigations
undertaken by the OIG continue to be extremely helpful to the
Committee.
General Provisions--Department of Housing and Urban Development
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSION)
Section 201 splits overpayments evenly between Treasury and
State Housing Finance Agencies.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of 1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2021 to be submitted in
the identical account and sub-account structure provided in
this Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility, and includes consideration for persons
with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 213 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 214 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 215 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limits established in law.
Section 216 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 217 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2020.
Section 218 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations,
and requires the Department to submit a spend plan to the House
and Senate Committees on Appropriations.
Section 219 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less, appropriated
under the headings ``Administrative Support Offices'' or
``Program Office Salaries and Expenses'' to any other office
funded under such headings.
Section 220 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 221 places a salary and bonus limit on public
housing agency officials and employees.
Section 222 requires the Secretary to notify the House and
Senate Committees on Appropriations at least three full
business days before grant awards are announced.
Section 223 prohibits funds to be used to require or
enforce the Physical Needs Assessment.
Section 224 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 225 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants under section 106 of the Housing
and Community Development Act of 1974.
Section 226 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 227 authorizes the Secretary on a limited basis to
use funds available under the ``Homeless Assistance Grants''
heading to participate in the multiagency Performance
Partnership Pilots program for fiscal year 2020.
Section 228 allows program income as an eligible match for
2015, 2016, 2017, 2018, 2019, and 2020 continuum of care funds.
Section 229 permits HUD to provide one year transition
grants under the continuum of care program with no more than 50
percent of the grant provided for costs of eligible activities
of the program component originally funded.
Section 230 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Furthering Fair Housing Assessment Tool''.
Section 231 establishes the HUD HAG Fund.
Section 232 maintains current Promise Zone designations and
agreements.
Section 233 prohibits funds from being used to establish
review criteria, including rating factors or preference points,
for competitive grants programs for EnVision Center
participation or coordination.
Section 234 prohibits funds in this or any other Act from
being used to implement, administer, enforce, or in any way
make effective the proposed rule entitled ``Housing and
Community Development Act of 1980: Verification of Eligible
Status'', issued by the Department on May 10, 2019 (Docket No.
FR-6124-P-01), or any final rule based substantially on such
proposed rule.
Section 235 requires the Department to make data for
broadband and resiliency requirements to be incorporated into
Consolidated Plans available to grantees not later than 90 days
after enactment of this Act and requires grantees to
incorporate broadband and resiliency components into their
Consolidated Plans not later than 270 days after enactment of
this Act.
Section 236 prohibits funds in this or any other Act from
being used to repeal or revise the ``Equal Access in Accordance
With an Individual's Gender Identity in Community Planning and
Development Programs'' rule.
Section 237 codifies the sub-regulatory guidance issued by
the Department of Housing and Urban Development on February 20,
2015, entitled ``Appropriate Placement for Transgender Persons
in Single-Sex Emergency Shelters and Other Facilities.''
Section 238 prohibits the Secretary, in this fiscal year or
any fiscal year thereafter, to implement, require, enforce, or
otherwise make effective any change, amendment, or alteration
to any term or condition of the Annual Contributions Contract
between the Secretary and any public housing agency, as such
contract was in effect as of January 1, 2018, unless such
change, amendment, or alteration is made pursuant to a rule
issued after notice and an opportunity for public comment and
in accordance with the procedure under section 553 of title 5,
United States Code.
TITLE III--RELATED AGENCIES
Access Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2019....................... $8,400,000
Budget request, fiscal year 2020...................... 8,400,000
Recommended in the bill............................... 8,400,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
The United States Access Board (Access Board) was
established by section 502 of the Rehabilitation Act of 1973
with the mission of promoting equality for people with
disabilities through accessible design and the development of
accessibility guidelines and standards for the built
environment, transportation, communication, medical diagnostic
equipment, and information technology.
The Access Board is responsible for developing guidelines
under the Americans with Disabilities Act, the Architectural
Barriers Act, and the Communications Act, as well as for
developing standards under the Rehabilitation Act for
accessible electronic and information technology used by
Federal agencies. The Access Board enforces the Architectural
Barriers Act and provides training and technical assistance on
its guidelines and standards. The Access Board serves on the
Election Assistance Commission's Board of Advisors and
Technical Guidelines Development Committee to assist in
developing voluntary guidelines for voting systems, including
accessibility for people with disabilities. Additionally, the
Access Board maintains a small research program that develops
technical assistance materials and provides information needed
for rulemaking.
COMMITTEE RECOMMENDATION
The Committee recommends $8,400,000 for the operations of
the Access Board.
Federal Maritime Commission
SALARIES AND EXPENSES
Appropriation, fiscal year 2019....................... $27,490,000
Budget request, fiscal year 2020...................... 28,000,000
Recommended in the bill............................... 28,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +510,000
Budget request, fiscal year 2020.................... - - -
Established in 1961, the Federal Maritime Commission (FMC)
is an independent government agency, responsible for the
regulation of oceanborne transportation in the foreign commerce
of the United States. FMC monitors ocean common carriers,
marine terminal operators, conferences, ports, and ocean
transportation intermediaries to ensure they maintain just and
reasonable practices. Among other activities, FMC also
maintains a trade monitoring and enforcement program, monitors
the laws and practices of foreign governments and their impacts
on shipping conditions in the U.S., and enforces special
regulatory requirements as they apply to controlled carriers.
The principal shipping statutes administered by the FMC are
the Shipping Act of 1984 (46 U.S.C. 40101-41309), the Foreign
Shipping Practices Act of 1988 (46 U.S.C. 42301-42307), Section
19 of the Merchant Marine Act, 1920 (46 U.S.C. 42101-42109),
and Public Law 89-777 (46 U.S.C. 44101-44106).
COMMITTEE RECOMMENDATION
The Committee recommends $28,000,000 for the Federal
Maritime Commission. Of the funds provided, up to $487,159 is
available for the Office of Inspector General.
National Railroad Passenger Corporation (AMTRAK)
Office of Inspector General
SALARIES AND EXPENSES
Appropriation, fiscal year 2019....................... $23,274,000
Budget request, fiscal year 2020...................... 23,274,000
Recommended in the bill............................... 23,274,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
The Amtrak Office of Inspector General (Amtrak OIG) is an
independent, objective unit responsible for detecting and
preventing fraud, waste, abuse, and violations of law and for
promoting economy, efficiency, and effectiveness at Amtrak.
COMMITTEE RECOMMENDATION
The Committee recommendation provides $23,274,000 for the
Amtrak OIG. The recommended level will allow the Amtrak OIG to
undertake audits, evaluations, and investigations and will
ensure effective oversight of Amtrak's programs and operations.
The Amtrak OIG's efforts have resulted in valuable studies
and recommendations for this Committee and for Amtrak that have
yielded cost savings and management improvements. The Committee
retains language that requires the Amtrak OIG to submit a
budget request for fiscal year 2021 in similar format and
substance to those submitted by other executive agencies in the
Federal government.
National Transportation Safety Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2019....................... $110,400,000
Budget request, fiscal year 2020...................... 110,400,000
Recommended in the bill............................... 110,400,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
The National Transportation Safety Board (NTSB) is an
independent Federal agency charged by Congress with
investigating every civil aviation accident in the United
States. The NTSB also investigates significant accidents in
other modes of transportation, including railroad, highway,
marine, and pipeline transportation, and issues safety
recommendations aimed at preventing future accidents.
In addition to its investigatory duties, the NTSB is
responsible for maintaining the government's database of civil
aviation accidents and conducting special studies of
transportation safety issues of national significance.
Furthermore, in accordance with the provisions of international
treaties, the NTSB supplies investigators to serve as U.S.
Accredited Representatives for aviation accidents overseas
involving U.S.-registered aircraft or involving aircraft or
major components of a U.S. manufacturer. The NTSB also serves
as the court of appeals for any airman, mechanic, or mariner
whenever certificate action is taken by the Administrator of
the Federal Aviation Administration (FAA), the U.S. Coast Guard
Commandant, or when civil penalties are assessed by the FAA. In
addition, the NTSB operates the NTSB Academy in Ashburn,
Virginia.
COMMITTEE RECOMMENDATION
The Committee recommends $110,400,000 for the salaries and
expenses of the NTSB.
Neighborhood Reinvestment Corporation
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
Appropriation, fiscal year 2019....................... $152,000,000
Budget request, fiscal year 2020...................... 27,400,000
Recommended in the bill............................... 170,000,000
Bill compared with:
Appropriation, fiscal year 2019..................... +18,000,000
Budget request, fiscal year 2020.................... +142,600,000
The Neighborhood Reinvestment Corporation (NRC) was created
by the Neighborhood Reinvestment Corporation Act (title VI of
the Housing and Community Development Amendments of 1978).
Neighborhood Reinvestment Corporation now operates under the
trade name `NeighborWorks America.' NeighborWorks America helps
local communities establish working partnerships between
residents and representatives of the public and private
sectors. These partnership-based organizations are independent,
tax-exempt, community-based nonprofit entities, often referred
to as NeighborWorks organizations.
COMMITTEE RECOMMENDATION
The Committee recommends an appropriation of $170,000,000
for fiscal year 2020.
Aging in place.--Due to the rising costs of long-term care
and societal changes, the Committee supports aging in place
programs that modify and improve older homes so that seniors
may safely live in those homes for a longer period as they age.
The Committee encourages the Neighborhood Reinvestment
Corporation to continue to support training, counseling, and
programs that assist seniors in sustainable aging in place and
to identify the conflux of older housing stock, older-
population States, and, in particular, older-population regions
of those States and to invest robustly in those regions with
aging in place housing programs.
Surface Transportation Board
SALARIES AND EXPENSES
Appropriation, fiscal year 2019....................... $37,100,000
Budget request, fiscal year 2020...................... 37,100,000
Recommended in the bill............................... 37,100,000
Bill compared with:
Appropriation, fiscal year 2019..................... - - -
Budget request, fiscal year 2020.................... - - -
The Surface Transportation Board (STB) was created in the
Interstate Commerce Commission Termination Act of 1995 and is
the successor agency to the Interstate Commerce Commission. The
STB is an economic regulatory and adjudicatory body charged by
Congress with resolving railroad rate and service disputes and
reviewing proposed railroad mergers, and the regulation of
other surface transportation carriers, including the intercity
bus industry and surface pipeline carriers, and household-good
carriers. The Surface Transportation Board Reauthorization Act
of 2015 (P.L. 114-110) established the STB as a wholly
independent agency and expanded the STB's membership from three
to five Board Members.
COMMITTEE RECOMMENDATION
The Committee recommendation provides an appropriation of
$37,100,000. The STB is estimated to collect $1,250,000 in
fees, which will offset the appropriation for a total program
cost of $35,850,000.
United States Interagency Council on Homelessness
OPERATING EXPENSES
Appropriation, fiscal year 2019....................... $3,600,000
Budget request, fiscal year 2020...................... 730,000
Recommended in the bill............................... 4,100,000
Bill compared with:
Appropriation, fiscal year 2019..................... +500,000
Budget request, fiscal year 2020.................... +3,370,000
The mission of the United States Interagency Council on
Homelessness (USICH) is to coordinate multi-agency Federal
response to homelessness.
COMMITTEE RECOMMENDATION
The Committee recommends $4,100,000 for continued
operations of the USICH, available until September 30, 2021.
Additional funding is provided to deepen interagency responses
to youth and unsheltered homelessness.
Trauma-informed care.-- The Committee recognizes the value
of trauma-informed care and housing services and supports
expanding the availability of these services to families,
families with children, and individuals that are currently
homeless, or on the verge of being homeless. The Committee
notes the fiscal year 2019 Omnibus Appropriations Act requires
the submission of a report on trauma-informed care within 180
days of enactment of that Act.
TITLE IV
GENERAL PROVISIONS--THIS ACT
Section 401 prohibits the use of funds for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming and
transfer authorities.
Section 406 provides that not to exceed fifty percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2021, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this or any
other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-10.122
and 301-10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
may send to international conferences unless such attendance is
important to the national interest.
Section 415 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or practice
complaints filed at the amount authorized for district court
civil suit filing fees.
Section 416 prohibits the use of funds to purchase or lease
new light-duty vehicles for any executive fleet or fleet
inventory, except in accordance with Presidential Memorandum-
Federal Fleet Performance, dated May 24, 2011.
Section 417 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 418 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 419 prohibits funds to be used to pay award or
incentive fees for contractors whose performance is below
satisfactory, behind schedule, over budget, or failed to meet
requirements of the contract, with exceptions.
House of Representatives Reporting Requirements
STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES
Pursuant to clause 3(c)(4) of rule XIII of the Rules of the
House of Representatives, the following is a statement of
general performance goals and objectives for which this measure
authorizes funding:
The Committee on Appropriations considers program
performance, including a program's success in developing and
attaining outcome-related goals and objectives, in developing
funding recommendations.
RESCISSION OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following table lists the
rescissions in the accompanying bill:
Such sums that are available from the
Department of Housing and Urban Development--Housing
Certificate Fund;
Section 201 rescinds 50% of funds that are
recaptured from projects described in section 1012(a)
of the Stewart B. McKinney Homeless Assistance
Amendment of 1998;
Section 231 rescinds 90% of certain
unobligated balances from the Department of Housing and
Urban Development--Community Planning and Development--
Homeless Assistance Grant Account.
TRANSFER OF FUNDS
Pursuant to clause 3(f)(2) of rule XIII of the Rules of the
House of Representatives, the following statements are
submitted describing the transfer of funds provided in the
accompanying bill.
UNDER TITLE I--DEPARTMENT OF TRANSPORTATION
------------------------------------------------------------------------
Account to which
Account from which the transfer the transfer is Amount
is made made
------------------------------------------------------------------------
Office of the Secretary......... Office of the 7% of certain
Secretary. funds subject to
conditions
Federal Aviation Administration, Federal Aviation 5% of certain
Operations. Administration, funds subject to
Operations. conditions
FHWA: Limitation on Appalachian $3,248,000
administrative expenses. Regional
Commission.
------------------------------------------------------------------------
UNDER TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
------------------------------------------------------------------------
Account to which
Account from which the transfer the transfer is Amount
is made made
------------------------------------------------------------------------
Executive Offices, Working Capital Such sums as
Administrative Support Offices, Fund. necessary
Program Office Salaries and
Expenses, Government National
Mortgage Association.
Administrative Support Offices.. Program Office 10% subject to
Salaries and conditions
Expenses.
Program Office Salaries and Administrative 10% subject to
Expenses. Support Offices. conditions
Homeless Assistance Grants...... HUD HAG Fund...... Such sums as
necessary
HUD HAG Fund.................... Homeless Such sums as
Assistance Grants. necessary
------------------------------------------------------------------------
DISCLOSURE OF EARMARKS AND CONGRESSIONALLY DIRECTED SPENDING ITEMS
Neither the bill nor the report contains any Congressional
earmarks, limited tax benefits, or limited tariff benefits as
defined in clause 9 of rule XXI.
COMPLIANCE WITH RULE XIII, CL. 3(E) (RAMSEYER RULE)
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
NATIONAL HIGHWAY SYSTEM DESIGNATION ACT OF 1995
* * * * * * *
TITLE III--MISCELLANEOUS HIGHWAY PROVISIONS
* * * * * * *
[SEC. 352. COLLECTION OF BRIDGE TOLLS.
[Notwithstanding any other provision of law, tolls collected
for motor vehicles on any bridge connecting the boroughs of
Brooklyn, New York, and Staten Island, New York, shall continue
to be collected for only those vehicles exiting from such
bridge in Staten Island.]
* * * * * * *
----------
SECTION 324 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
APPROPRIATIONS ACT, 1986
[Sec. 324. (a) General Rule.--Tolls collected for motor
vehicles on any bridge connecting the borough of Brooklyn, New
York, and Staten Island, New York, shall only be collected for
those vehicles exiting from such bridge in Staten Island.
[(b) Enforcement.--The Secretary shall withhold 1 percent of
the amount required to be apportioned to the State of New York
under sections 104 and 144 of title 23, United States Code, on
the first day of the fiscal year succeeding any fiscal year in
which tolls collected for motor vehicles on the bridge referred
to in subsection (a) are collected for those vehicles exiting
from such bridge in the borough of Brooklyn.
[(c) Period of Applicability.--This section shall apply on
and after the 90th day following the date of enactment of this
section, except that this section shall not apply after the
date on which the Secretary publishes in the Federal Register a
determination under subsection (d).
[(d) Removal of Limitation.--
[(1) Determination of Secretary.--Subsections (a) and
(b) shall cease to be in effect if, upon petition by
the Governor of New York under paragraph (2), the
Secretary determines that--
[(A) a substantial loss of revenues has
resulted from the limitation imposed by
subsection (a), or
[(B) such limitation has resulted in
significant traffic problems,
and the Secretary publishes such determination in the
Federal Register.
[(2) Petition.--The Governor of New York may petition
the Secretary for a determination under paragraph (1)
at any time after a period of six consecutive months in
which tolls collected for motor vehicles on the bridge
referred to in subsection (a) have been collected only
for those vehicles exiting from such bridge in Staten
Island. ]
----------
SECTION 1948 OF SAFETEA-LU
[SEC. 1948. EMERGENCY SERVICE ROUTE.
[Notwithstanding any Federal law, regulation, or policy to
the contrary, no Federal funds shall be obligated or expended
for the demolition of the existing Brightman Street Bridge
connecting Fall River and Somerset, Massachusetts, and the
existing Brightman Street Bridge shall be maintained for
pedestrian and bicycle access, and as an emergency service
route.]
----------
SECTION 325 OF THE DEPARTMENT OF TRANSPORTATION AND RELATED AGENCIES
APPROPRIATIONS ACT, 1996
[Sec. 325. Notwithstanding any other provisions of law,
tolls collected for motor vehicles on any bridge connecting the
boroughs of Brooklyn, New York, and Staten Island, New York,
shall continue to be collected for only those vehicles exiting
from such bridge in Staten Island.]
----------
TITLE 23, UNITED STATES CODE
* * * * * * *
CHAPTER 1--FEDERAL-AID HIGHWAYS
* * * * * * *
Sec. 119. National highway performance program
(a) Establishment.--The Secretary shall establish and
implement a national highway performance program under this
section.
(b) Purposes.--The purposes of the national highway
performance program shall be--
(1) to provide support for the condition and
performance of the National Highway System;
(2) to provide support for the construction of new
facilities on the National Highway System; and
(3) to ensure that investments of Federal-aid funds
in highway construction are directed to support
progress toward the achievement of performance targets
established in an asset management plan of a State for
the National Highway System.
(c) Eligible Facilities.--Except as provided in subsection
(d), to be eligible for funding apportioned under section
104(b)(1) to carry out this section, a facility shall be
located on the National Highway System, as defined in section
103.
(d) Eligible Projects.--Funds apportioned to a State to carry
out the national highway performance program may be obligated
only for a project on an eligible facility that is--
(1)(A) a project or part of a program of projects
supporting progress toward the achievement of national
performance goals for improving infrastructure
condition, safety, congestion reduction, system
reliability, or freight movement on the National
Highway System; and
(B) consistent with sections 134 and 135; and
(2) for 1 or more of the following purposes:
(A) Construction, reconstruction,
resurfacing, restoration, rehabilitation,
preservation, or operational improvement of
segments of the National Highway System.
(B) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including scour countermeasures, seismic
retrofits, impact protection measures, security
countermeasures, and protection against extreme
events) of bridges on the National Highway
System.
(C) Construction, replacement (including
replacement with fill material),
rehabilitation, preservation, and protection
(including impact protection measures, security
countermeasures, and protection against extreme
events) of tunnels on the National Highway
System.
(D) Inspection and evaluation, as described
in section 144, of bridges and tunnels on the
National Highway System, and inspection and
evaluation of other highway infrastructure
assets on the National Highway System,
including signs and sign structures, earth
retaining walls, and drainage structures.
(E) Training of bridge and tunnel inspectors,
as described in section 144.
(F) Construction, rehabilitation, or
replacement of existing ferry boats and ferry
boat facilities, including approaches, that
connect road segments of the National Highway
System.
(G) Construction, reconstruction,
resurfacing, restoration, rehabilitation, and
preservation of, and operational improvements
for, a Federal-aid highway not on the National
Highway System, and construction of a transit
project eligible for assistance under chapter
53 of title 49, if--
(i) the highway project or transit
project is in the same corridor as, and
in proximity to, a fully access-
controlled highway designated as a part
of the National Highway System;
(ii) the construction or improvements
will reduce delays or produce travel
time savings on the fully access-
controlled highway described in clause
(i) and improve regional traffic flow;
and
(iii) the construction or
improvements are more cost-effective,
as determined by benefit-cost analysis,
than an improvement to the fully
access-controlled highway described in
clause (i).
(H) Bicycle transportation and pedestrian
walkways in accordance with section 217.
(I) Highway safety improvements for segments
of the National Highway System.
(J) Capital and operating costs for traffic
and traveler information monitoring,
management, and control facilities and
programs.
(K) Development and implementation of a State
asset management plan for the National Highway
System in accordance with this section,
including data collection, maintenance, and
integration and the cost associated with
obtaining, updating, and licensing software and
equipment required for risk-based asset
management and performance-based management.
(L) Infrastructure-based intelligent
transportation systems capital improvements,
including the installation of vehicle-to-
infrastructure communication equipment.
(M) Environmental restoration and pollution
abatement in accordance with section 328.
(N) Control of noxious weeds and aquatic
noxious weeds and establishment of native
species in accordance with section 329.
(O) Environmental mitigation efforts related
to projects funded under this section, as
described in subsection (g).
(P) Construction of publicly owned intracity
or intercity bus terminals servicing the
National Highway System.
(e) State Performance Management.--
(1) In general.--A State shall develop a risk-based
asset management plan for the National Highway System
to improve or preserve the condition of the assets and
the performance of the system.
(2) Performance driven plan.--A State asset
management plan shall include strategies leading to a
program of projects that would make progress toward
achievement of the State targets for asset condition
and performance of the National Highway System in
accordance with section 150(d) and supporting the
progress toward the achievement of the national goals
identified in section 150(b).
(3) Scope.--In developing a risk-based asset
management plan, the Secretary shall encourage States
to include all infrastructure assets within the right-
of-way corridor in such plan.
(4) Plan contents.--A State asset management plan
shall, at a minimum, be in a form that the Secretary
determines to be appropriate and include--
(A) a summary listing of the pavement and
bridge assets on the National Highway System in
the State, including a description of the
condition of those assets;
(B) asset management objectives and measures;
(C) performance gap identification;
(D) lifecycle cost and risk management
analysis;
(E) a financial plan; and
(F) investment strategies.
[(5) Requirement for plan.--Notwithstanding section
120, with respect to the second fiscal year beginning
after the date of establishment of the process
established in paragraph (8) or any subsequent fiscal
year, if the Secretary determines that a State has not
developed and implemented a State asset management plan
consistent with this section, the Federal share payable
on account of any project or activity carried out by
the State in that fiscal year under this section shall
be 65 percent.]
(5) Requirement for plan.--
(A) In general.--Notwithstanding section 120,
beginning on October 1, 2019, and each fiscal
year thereafter, if the Secretary determines
that a State has not developed and implemented
a State asset management plan consistent with
this section, the Federal share payable on
account of any project or activity for which
funds are obligated by the State in that fiscal
year under this section shall be 65 percent.
(B) Determination.--The Secretary shall make
the determination under subparagraph (A) not
later than the day before the beginning of each
fiscal year.
(6) Certification of plan development process.--
(A) In general.--Not later than 90 days after
the date on which a State submits a request for
approval of the process used by the State to
develop the State asset management plan for the
National Highway System, the Secretary shall--
(i) review the process; and
(ii)(I) certify that the process
meets the requirements established by
the Secretary; or
(II) deny certification and
specify actions necessary for
the State to take to correct
deficiencies in the State
process.
(B) Recertification.--Not less frequently
than once every 4 years, the Secretary shall
review and recertify that the process used by a
State to develop and maintain the State asset
management plan for the National Highway System
meets the requirements for the process, as
established by the Secretary.
(C) Opportunity to cure.--If the Secretary
denies certification under subparagraph (A),
the Secretary shall provide the State with--
(i) not less than 90 days to cure the
deficiencies of the plan, during which
time period all penalties and other
legal impacts of a denial of
certification shall be stayed; and
(ii) a written statement of the
specific actions the Secretary
determines to be necessary for the
State to cure the plan.
(7) Performance achievement.--A State that does not
achieve or make significant progress toward achieving
the targets of the State for performance measures
described in section 150(d) for the National Highway
System shall include as part of the performance target
report under section 150(e) a description of the
actions the State will undertake to achieve the
targets.
(8) Process.--Not later than 18 months after the date
of enactment of the MAP-21, the Secretary shall, by
regulation and in consultation with State departments
of transportation, establish the process to develop the
State asset management plan described in paragraph (1).
(f) Interstate System and NHS Bridge Conditions.--
(1) Condition of interstate system.--
(A) Penalty.--If a State reports that the
condition of the Interstate System, excluding
bridges on the Interstate System, has fallen
below the minimum condition level established
by the Secretary under section 150(c)(3), the
State shall be required, during the following
fiscal year--
(i) to obligate, from the amounts
apportioned to the State under section
104(b)(1), an amount that is not less
than the amount of funds apportioned to
the State for fiscal year 2009 under
the Interstate maintenance program for
the purposes described in this section
(as in effect on the day before the
date of enactment of the MAP-21),
except that for each year after fiscal
year 2013, the amount required to be
obligated under this clause shall be
increased by 2 percent over the amount
required to be obligated in the
previous fiscal year; and
(ii) to transfer, from the amounts
apportioned to the State under section
104(b)(2) (other than amounts
suballocated to metropolitan areas and
other areas of the State under section
133(d)) to the apportionment of the
State under section 104(b)(1), an
amount equal to 10 percent of the
amount of funds apportioned to the
State for fiscal year 2009 under the
Interstate maintenance program for the
purposes described in this section (as
in effect on the day before the date of
enactment of the MAP-21).
(B) Restoration.--The obligation requirement
for the Interstate System in a State required
by subparagraph (A) for a fiscal year shall
remain in effect for each subsequent fiscal
year until such time as the condition of the
Interstate System in the State exceeds the
minimum condition level established by the
Secretary.
(2) Condition of nhs bridges.--
(A) Penalty.--If the Secretary determines
that, for the 3-year-period preceding the date
of the determination, more than 10 percent of
the total deck area of bridges in the State on
the National Highway System is located on
bridges that have been classified as
structurally deficient, an amount equal to 50
percent of funds apportioned to such State for
fiscal year 2009 to carry out section 144 (as
in effect the day before enactment of MAP-21)
shall be set aside from amounts apportioned to
a State for a fiscal year under section
104(b)(1) only for eligible projects on bridges
on the National Highway System.
(B) Restoration.--The set-aside requirement
for bridges on the National Highway System in a
State under subparagraph (A) for a fiscal year
shall remain in effect for each subsequent
fiscal year until such time as less than 10
percent of the total deck area of bridges in
the State on the National Highway System is
located on bridges that have been classified as
structurally deficient, as determined by the
Secretary.
(g) Environmental Mitigation.--
(1) Eligible activities.--In accordance with all
applicable Federal law (including regulations),
environmental mitigation efforts referred to in
subsection (d)(2)(O) include participation in natural
habitat and wetlands mitigation efforts relating to
projects funded under this title, which may include--
(A) participation in mitigation banking or
other third-party mitigation arrangements, such
as--
(i) the purchase of credits from
commercial mitigation banks;
(ii) the establishment and management
of agency-sponsored mitigation banks;
and
(iii) the purchase of credits or
establishment of in-lieu fee mitigation
programs;
(B) contributions to statewide and regional
efforts to conserve, restore, enhance, and
create natural habitats and wetlands; and
(C) the development of statewide and regional
environmental protection plans, including
natural habitat and wetland conservation and
restoration plans.
(2) Inclusion of other activities.--The banks,
efforts, and plans described in paragraph (1) include
any such banks, efforts, and plans developed in
accordance with applicable law (including regulations).
(3) Terms and conditions.--The following terms and
conditions apply to natural habitat and wetlands
mitigation efforts under this subsection:
(A) Contributions to the mitigation effort
may--
(i) take place concurrent with, or in
advance of, commitment of funding under
this title to a project or projects;
and
(ii) occur in advance of project
construction only if the efforts are
consistent with all applicable
requirements of Federal law (including
regulations) and State transportation
planning processes.
(B) Credits from any agency-sponsored
mitigation bank that are attributable to
funding under this section may be used only for
projects funded under this title, unless the
agency pays to the Secretary an amount equal to
the Federal funds attributable to the
mitigation bank credits the agency uses for
purposes other than mitigation of a project
funded under this title.
(4) Preference.--At the discretion of the project
sponsor, preference shall be given, to the maximum
extent practicable, to mitigating an environmental
impact through the use of a mitigation bank, in-lieu
fee, or other third-party mitigation arrangement, if
the use of credits from the mitigation bank or in-lieu
fee, or the other third-party mitigation arrangement
for the project, is approved by the applicable Federal
agency.
(h) TIFIA Program.--Upon Secretarial approval of credit
assistance under chapter 6, the Secretary, at the request of a
State, may allow the State to use funds apportioned under
section 104(b)(1) to pay subsidy and administrative costs
necessary to provide an eligible entity Federal credit
assistance under chapter 6 with respect to a project eligible
for assistance under this section.
(i) Additional Funding Eligibility for Certain Bridges.--
(1) In general.--Funds apportioned to a State to
carry out the national highway performance program may
be obligated for a project for the reconstruction,
resurfacing, restoration, rehabilitation, or
preservation of a bridge not on the National Highway
System, if the bridge is on a Federal-aid highway.
(2) Limitation.--A State required to make obligations
under subsection (f) shall ensure such requirements are
satisfied in order to use the flexibility under
paragraph (1).
(j) Critical Infrastructure.--
(1) Critical infrastructure defined.--In this
subsection, the term ``critical infrastructure'' means
those facilities the incapacity or failure of which
would have a debilitating impact on national or
regional economic security, national or regional energy
security, national or regional public health or safety,
or any combination of those matters.
(2) Consideration.--The asset management plan of a
State may include consideration of critical
infrastructure from among those facilities in the State
that are eligible under subsection (c).
(3) Risk reduction.--A State may use funds
apportioned under this section for projects intended to
reduce the risk of failure of critical infrastructure
in the State.
* * * * * * *
Sec. 125. Emergency relief
(a) In General.--Subject to this section and section 120, an
emergency fund is authorized for expenditure by the Secretary
for the repair or reconstruction of highways, roads, and
trails, in any area of the United States, including Indian
reservations, that the Secretary finds have suffered serious
damage as a result of--
(1) a natural disaster over a wide area, such as by a
flood, hurricane, tidal wave, earthquake, severe storm,
or landslide; or
(2) catastrophic failure from any external cause.
(b) Restriction on Eligibility.--
(1) Definition of construction phase.--In this
subsection, the term ``construction phase'' means the
phase of physical construction of a highway or bridge
facility that is separate from any other identified
phases, such as planning, design, or right-of-way
phases, in the State transportation improvement
program.
(2) Restriction.--In no case shall funds be used
under this section for the repair or reconstruction of
a bridge--
(A) that has been permanently closed to all
vehicular traffic by the State or responsible
local official because of imminent danger of
collapse due to a structural deficiency or
physical deterioration; or
(B) if a construction phase of a replacement
structure is included in the approved Statewide
transportation improvement program at the time
of an event described in subsection (a).
(c) Funding.--
(1) In general.--Subject to the limitations described
in paragraph (2), there are authorized to be
appropriated from the Highway Trust Fund (other than
the Mass Transit Account) such sums as are necessary to
establish the fund authorized by this section and to
replenish that fund on an annual basis.
(2) Limitations.--The limitations referred to in
paragraph (1) are that--
(A) not more than $100,000,000 is authorized
to be obligated in any 1 fiscal year commencing
after September 30, 1980, to carry out this
section, except that, if for any fiscal year
the total of all obligations under this section
is less than the amount authorized to be
obligated for the fiscal year, the unobligated
balance of that amount shall--
(i) remain available until expended;
and
(ii) be in addition to amounts
otherwise available to carry out this
section for each year; and
(B)(i) pending such appropriation or
replenishment, the Secretary may obligate from
any funds appropriated at any time for
obligation in accordance with this title,
including existing Federal-aid appropriations,
such sums as are necessary for the immediate
prosecution of the work herein authorized; and
(ii) funds obligated under this
subparagraph shall be reimbursed from
the appropriation or replenishment.
(d) Eligibility.--
(1) In general.--The Secretary may expend funds from
the emergency fund authorized by this section only for
the repair or reconstruction of highways on Federal-aid
highways in accordance with this chapter, except that--
(A) no funds shall be so expended unless an
emergency has been declared by the Governor of
the State with concurrence by the Secretary,
unless the President has declared the emergency
to be a major disaster for the purposes of the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et
seq.) for which concurrence of the Secretary is
not required; and
(B) the Secretary has received an application
from the State transportation department that
includes a comprehensive list of all eligible
project sites and repair costs by not later
than 2 years after the natural disaster or
catastrophic failure.
(2) Cost limitation.--
(A) Definition of comparable facility.--In
this paragraph, the term ``comparable
facility'' means a facility that meets the
current geometric and construction standards
required for the types and volume of traffic
that the facility will carry over its design
life.
(B) Limitation.--The total cost of a project
funded under this section may not exceed the
cost of repair or reconstruction of a
comparable facility.
(3) Debris removal.--The costs of debris removal
shall be an eligible expense under this section only
for--
(A) an event not declared a major disaster or
emergency by the President under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.);
(B) an event declared a major disaster or
emergency by the President under that Act if
the debris removal is not eligible for
assistance under section 403, 407, or 502 of
that Act (42 U.S.C. 5170b, 5173, 5192); or
(C) projects eligible for assistance under
this section located on tribal transportation
facilities, Federal lands transportation
facilities, or other federally owned roads that
are open to public travel (as defined in
subsection (e)(1)).
[(4) Territories.--The total obligations for projects
under this section for any fiscal year in the Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands shall not exceed
$20,000,000.]
(5) Substitute traffic.--Notwithstanding any other
provision of this section, actual and necessary costs
of maintenance and operation of ferryboats or
additional transit service providing temporary
substitute highway traffic service, less the amount of
fares charged for comparable service, may be expended
from the emergency fund authorized by this section for
Federal-aid highways.
(e) Tribal Transportation Facilities, Federal Lands
Transportation Facilities, and Public Roads on Federal Lands.--
(1) Definitions.--In this subsection, the following
definitions apply:
(A) Open to public travel.--The term ``open
to public travel'' means, with respect to a
road, that, except during scheduled periods,
extreme weather conditions, or emergencies, the
road--
(i) is maintained;
(ii) is open to the general public;
and
(iii) can accommodate travel by a
standard passenger vehicle, without
restrictive gates or prohibitive signs
or regulations, other than for general
traffic control or restrictions based
on size, weight, or class of
registration.
(B) Standard passenger vehicle.--The term
``standard passenger vehicle'' means a vehicle
with 6 inches of clearance from the lowest
point of the frame, body, suspension, or
differential to the ground.
(2) Expenditure of funds.--Notwithstanding subsection
(d)(1), the Secretary may expend funds from the
emergency fund authorized by this section,
independently or in cooperation with any other branch
of the Federal Government, a State agency, a tribal
government, an organization, or a person, for the
repair or reconstruction of tribal transportation
facilities, Federal lands transportation facilities,
and other federally owned roads that are open to public
travel, whether or not those facilities are Federal-aid
highways.
(3) Reimbursement.--
(A) In general.--The Secretary may reimburse
Federal and State agencies (including political
subdivisions) for expenditures made for
projects determined eligible under this
section, including expenditures for emergency
repairs made before a determination of
eligibility.
(B) Transfers.--With respect to
reimbursements described in subparagraph (A)--
(i) those reimbursements to Federal
agencies and Indian tribal governments
shall be transferred to the account
from which the expenditure was made, or
to a similar account that remains
available for obligation; and
(ii) the budget authority associated
with the expenditure shall be restored
to the agency from which the authority
was derived and shall be available for
obligation until the end of the fiscal
year following the year in which the
transfer occurs.
(f) Treatment of Territories.--For purposes of this section,
the Virgin Islands, Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands shall be considered to be
States and parts of the United States, and the chief executive
officer of each such territory shall be considered to be a
Governor of a State.
(g) Protecting Public Safety and Maintaining Roadways.--The
Secretary may use not more than 5 percent of amounts from the
emergency fund authorized by this section to carry out projects
that the Secretary determines are necessary to protect the
public safety or to maintain or protect roadways that are
included within the scope of an emergency declaration by the
Governor of the State or by the President, in accordance with
this section, and the Governor deems to be an ongoing concern
in order to maintain vehicular traffic on the roadway.
* * * * * * *
CHAPTER 6--INFRASTRUCTURE FINANCE
* * * * * * *
Sec. 603. Secured loans
(a) In General.--
(1) Agreements.--Subject to paragraphs (2) and (3),
the Secretary may enter into agreements with 1 or more
obligors to make secured loans, the proceeds of which
shall be used--
(A) to finance eligible project costs of any
project selected under section 602;
(B) to refinance interim construction
financing of eligible project costs of any
project selected under section 602;
(C) to refinance existing Federal credit
instruments for rural infrastructure projects;
or
(D) to refinance long-term project
obligations or Federal credit instruments, if
the refinancing provides additional funding
capacity for the completion, enhancement, or
expansion of any project that--
(i) is selected under section 602; or
(ii) otherwise meets the requirements
of section 602.
(2) Limitation on refinancing of interim construction
financing.--A loan under paragraph (1) shall not
refinance interim construction financing under
paragraph (1)(B)--
(A) if the maturity of such interim
construction financing is later than 1 year
after the substantial completion of the
project; and
(B) later than 1 year after the date of
substantial completion of the project.
(3) Risk assessment.--Before entering into an
agreement under this subsection, the Secretary, in
consultation with the Director of the Office of
Management and Budget, shall determine an appropriate
capital reserve subsidy amount for each secured loan,
taking into account each rating letter provided by an
agency under section 602(b)(3)(B).
(b) Terms and Limitations.--
(1) In general.--A secured loan under this section
with respect to a project shall be on such terms and
conditions and contain such covenants, representations,
warranties, and requirements (including requirements
for audits) as the Secretary determines to be
appropriate.
(2) Maximum amount.--
(A) In general.--Except as provided in
subparagraph (B), the amount of a secured loan
under this section shall not exceed the lesser
of 49 percent of the reasonably anticipated
eligible project costs or if the secured loan
does not receive an investment grade rating,
the amount of the senior project obligations.
(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the
maximum amount of a secured loan made to a
State infrastructure bank shall be determined
in accordance with section 602(a)(5)(B)(iii).
(3) Payment.--A secured loan under this section--
(A) shall--
(i) be payable, in whole or in part,
from--
(I) tolls;
(II) user fees;
(III) payments owing to the
obligor under a public-private
partnership;
(IV) other dedicated revenue
sources that also secure the
senior project obligations; or
(V) in the case of a secured
loan for a project capitalizing
a rural projects fund, any
other dedicated revenue sources
available to a State
infrastructure bank, including
repayments from loans made by
the bank for rural
infrastructure projects; and
(ii) include a rate covenant,
coverage requirement, or similar
security feature supporting the project
obligations; and
(B) may have a lien on revenues described in
subparagraph (A), subject to any lien securing
project obligations.
(4) Interest rate.--
(A) In general.--Except as provided in
subparagraphs (B) and (C), the interest rate on
a secured loan under this section shall be not
less than the yield on United States Treasury
securities of a similar maturity to the
maturity of the secured loan on the date of
execution of the loan agreement.
(B) Rural infrastructure projects.--
(i) In general.--The interest rate of
a loan offered to a rural
infrastructure project or a rural
projects fund under the TIFIA program
shall be at 1/2 of the Treasury Rate in
effect on the date of execution of the
loan agreement.
(ii) Application.--The rate described
in clause (i) shall only apply to any
portion of a loan the subsidy cost of
which is funded by amounts set aside
for rural infrastructure projects and
rural project funds under section
608(a)(3)(A).
(C) Limited buydowns.--The interest rate of a
secured loan under this section may not be
lowered by more than the lower of--
(i) 11/2 percentage points (150 basis
points); or
(ii) the amount of the increase in
the interest rate.
(5) Maturity date.--
(A) In general.--Except as provided in
subparagraph (B), the final maturity date of
the secured loan shall be the lesser of--
(i) 35 years after the date of
substantial completion of the project;
and
(ii) if the useful life of the
capital asset being financed is of a
lesser period, the useful life of the
asset.
(B) Rural projects fund.--In the case of a
project capitalizing a rural projects fund, the
final maturity date of the secured loan shall
not exceed 35 years after the date on which the
secured loan is obligated.
(6) Nonsubordination.--
(A) In general.--Except as provided in
subparagraph (B), the secured loan shall not be
subordinated to the claims of any holder of
project obligations in the event of bankruptcy,
insolvency, or liquidation of the obligor.
(B) Preexisting indenture.--
(i) In general.--The Secretary shall
waive the requirement under
subparagraph (A) for a public agency
borrower that is financing ongoing
capital programs and has outstanding
senior bonds under a preexisting
indenture, if--
(I) the secured loan is rated
in the A category or higher;
(II) the secured loan is
secured and payable from
pledged revenues not affected
by project performance, such as
a tax-backed revenue pledge or
a system-backed pledge of
project revenues; and
(III) the TIFIA program share
of eligible project costs is 33
percent or less.
(ii) Limitation.--If the Secretary
waives the nonsubordination requirement
under this subparagraph--
(I) the maximum credit
subsidy to be paid by the
Federal Government shall be not
more than 10 percent of the
principal amount of the secured
loan; and
(II) the obligor shall be
responsible for paying the
remainder of the subsidy cost,
if any.
(7) Fees.--The Secretary may establish fees at a
level sufficient to cover all or a portion of the costs
to the Federal Government of making a secured loan
under this section.
[(8) Non-federal share.--The proceeds of a secured
loan under the TIFIA program may be used for any non-
Federal share of project costs required under this
title or chapter 53 of title 49, if the loan is
repayable from non-Federal funds.]
(8) Non-federal share.--Notwithstanding paragraph (9)
and section 117(j)(2), the proceeds of a secured loan
under the TIFIA program shall be considered to be part
of the non-Federal share of project costs required
under this title or chapter 53 of title 49, if the loan
is repayable from non-Federal funds.
(9) Maximum federal involvement.--
(A) In general.--The total Federal assistance
provided for a project receiving a loan under
the TIFIA program shall not exceed 80 percent
of the total project cost.
(B) Rural projects fund.--A project
capitalizing a rural projects fund shall
satisfy subparagraph (A) through compliance
with the Federal share requirement described in
section 610(e)(3)(B).
(c) Repayment.--
(1) Schedule.--The Secretary shall establish a
repayment schedule for each secured loan under this
section based on--
(A) the projected cash flow from project
revenues and other repayment sources; and
(B) the useful life of the project.
(2) Commencement.--Scheduled loan repayments of
principal or interest on a secured loan under this
section shall commence not later than 5 years after the
date of substantial completion of the project.
(3) Deferred payments.--
(A) In general.--If, at any time after the
date of substantial completion of the project,
the project is unable to generate sufficient
revenues to pay the scheduled loan repayments
of principal and interest on the secured loan,
the Secretary may, subject to subparagraph (C),
allow the obligor to add unpaid principal and
interest to the outstanding balance of the
secured loan.
(B) Interest.--Any payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest in
accordance with subsection (b)(4) until
fully repaid; and
(ii) be scheduled to be amortized
over the remaining term of the loan.
(C) Criteria.--
(i) In general.--Any payment deferral
under subparagraph (A) shall be
contingent on the project meeting
criteria established by the Secretary.
(ii) Repayment standards.--The
criteria established pursuant to clause
(i) shall include standards for
reasonable assurance of repayment.
(4) Prepayment.--
(A) Use of excess revenues.--Any excess
revenues that remain after satisfying scheduled
debt service requirements on the project
obligations and secured loan and all deposit
requirements under the terms of any trust
agreement, bond resolution, or similar
agreement securing project obligations may be
applied annually to prepay the secured loan
without penalty.
(B) Use of proceeds of refinancing.--The
secured loan may be prepaid at any time without
penalty from the proceeds of refinancing from
non-Federal funding sources.
(d) Sale of Secured Loans.--
(1) In general.--Subject to paragraph (2), as soon as
practicable after substantial completion of a project
and after notifying the obligor, the Secretary may sell
to another entity or reoffer into the capital markets a
secured loan for the project if the Secretary
determines that the sale or reoffering can be made on
favorable terms.
(2) Consent of obligor.--In making a sale or
reoffering under paragraph (1), the Secretary may not
change the original terms and conditions of the secured
loan without the written consent of the obligor.
(e) Loan Guarantees.--
(1) In general.--The Secretary may provide a loan
guarantee to a lender in lieu of making a secured loan
under this section if the Secretary determines that the
budgetary cost of the loan guarantee is substantially
the same as that of a secured loan.
(2) Terms.--The terms of a loan guarantee under
paragraph (1) shall be consistent with the terms
required under this section for a secured loan, except
that the rate on the guaranteed loan and any prepayment
features shall be negotiated between the obligor and
the lender, with the consent of the Secretary.
(f) Streamlined Application Process.--
(1) In general.--Not later than 180 days after the
date of enactment of the FAST Act, the Secretary shall
make available an expedited application process or
processes available at the request of entities seeking
secured loans under the TIFIA program that use a set or
sets of conventional terms established pursuant to this
section.
(2) Terms.--In establishing the streamlined
application process required by this subsection, the
Secretary may include terms commonly included in prior
credit agreements and allow for an expedited
application period, including--
(A) the secured loan is in an amount of not
greater than $100,000,000;
(B) the secured loan is secured and payable
from pledged revenues not affected by project
performance, such as a tax-backed revenue
pledge, tax increment financing, or a system-
backed pledge of project revenues; and
(C) repayment of the loan commences not later
than 5 years after disbursement.
* * * * * * *
----------
CONSOLIDATED APPROPRIATIONS ACT, 2018
(Public Law 115-141)
* * * * * * *
DIVISION L--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2018
TITLE I--DEPARTMENT OF TRANSPORTATION
* * * * * * *
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, $113,165,000: 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 2019 President's budget, the Secretary of
Transportation shall transmit to Congress the annual report on
New Starts, including proposed allocations for fiscal year
2019.
* * * * * * *
CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out fixed guideway capital
investment grants under section 5309 of title 49, United States
Code, $2,644,960,000 to remain available until September 30,
2021: Provided, That of the amounts made available under this
heading, $2,252,508,586 shall be obligated by [December 31,
2019] September 30, 2020: Provided further, That $5,050,000
from unobligated amounts appropriated for the buses and bus
facilities program under section 5309 of such title from fiscal
years 2000 to 2005 shall remain available until September 30,
2021 to carry out section 5309: Provided further, That of the
amounts made available under this heading, $1,506,910,000 shall
be available for projects authorized under section 5309(d) of
such title, $715,700,000 shall be available for projects
authorized under section 5309(e) of such title, $400,900,000
shall be available for projects authorized under section
5309(h) of such title: Provided further, That the Secretary
shall continue to administer the capital investment grant
program in accordance with the procedural and substantive
requirements of section 5309 of such title.
* * * * * * *
----------
RAILROAD REVITALIZATION AND REGULATORY REFORM ACT OF 1976
* * * * * * *
TITLE V--RAILROAD REHABILITATION AND IMPROVEMENT FINANCING
* * * * * * *
SEC. 502. DIRECT LOANS AND LOAN GUARANTEES.
(a) General Authority.--The Secretary shall provide direct
loans and loan guarantees to--
(1) State and local governments;
(2) interstate compacts consented to by Congress
under section 410(a) of the Amtrak Reform and
Accountability Act of 1997 (49 U.S.C. 24101 note);
(3) government sponsored authorities and
corporations;
(4) railroads;
(5) joint ventures that include at least 1 of the
entities described in paragraph (1), (2), (3), (4), or
(6); and
(6) solely for the purpose of constructing a rail
connection between a plant or facility and a railroad,
limited option freight shippers that own or operate a
plant or other facility.
(b) Eligible Purposes.--
(1) In general.--Direct loans and loan guarantees
under this section shall be used to--
(A) acquire, improve, or rehabilitate
intermodal or rail equipment or facilities,
including track, components of track, bridges,
yards, buildings, and shops, and costs related
to these activities, including pre-construction
costs;
(B) refinance outstanding debt incurred for
the purposes described in subparagraph (A) or
(C);
(C) develop or establish new intermodal or
railroad facilities;
(D) reimburse planning and design expenses
relating to activities described in
subparagraph (A) or (C); or
(E) finance economic development, including
commercial and residential development, and
related infrastructure and activities, that--
(i) incorporates private investment;
(ii) is physically or functionally
related to a passenger rail station or
multimodal station that includes rail
service;
(iii) has a high probability of the
applicant commencing the contracting
process for construction not later than
90 days after the date on which the
direct loan or loan guarantee is
obligated for the project under this
title; and
(iv) has a high probability of
reducing the need for financial
assistance under any other Federal
program for the relevant passenger rail
station or service by increasing
ridership, tenant lease payments, or
other activities that generate revenue
exceeding costs.
(2) Operating expenses not eligible.--Direct loans
and loan guarantees under this section shall not be
used for railroad operating expenses.
(3) Sunset.--The Secretary may provide a direct loan
or loan guarantee under this section for a project
described in paragraph (1)(E) [only during the 4-year
period beginning on the date of enactment of the
Passenger Rail Reform and Investment Act of 2015] until
September 30, 2020.
(c) Priority Projects.--In granting applications for direct
loans or guaranteed loans under this section, the Secretary
shall give priority to projects that--
(1) enhance public safety, including projects for the
installation of a positive train control system (as
defined in section 20157(i) of title 49, United States
Code);
(2) promote economic development;
(3) enhance the environment;
(4) enable United States companies to be more
competitive in international markets;
(5) are endorsed by the plans prepared under section
135 of title 23 or chapter 227 of title 49, United
States Code, by the State or States in which they are
located;
(6) improve railroad stations and passenger
facilities and increase transit-oriented development;
(7) preserve or enhance rail or intermodal service to
small communities or rural areas;
(8) enhance service and capacity in the national rail
system; or
(9) would materially alleviate rail capacity problems
which degrade the provision of service to shippers and
would fulfill a need in the national transportation
system.
(d) Extent of Authority.--The aggregate unpaid principal
amounts of obligations under direct loans and loan guarantees
made under this section shall not exceed $35,000,000,000 at any
one time. Of this amount, not less than $7,000,000,000 shall be
available solely for projects primarily benefiting freight
railroads other than Class I carriers. The Secretary shall not
establish any limit on the proportion of the unused amount
authorized under this subsection that may be used for 1 loan or
loan guarantee.
(e) Rates of Interest.--
(1) Direct loans.--The Secretary shall require
interest to be paid on a direct loan made under this
section at a rate not less than that necessary to
recover the cost of making the loan.
(2) Loan guarantees.--The Secretary shall not make a
loan guarantee under this section if the interest rate
for the loan exceeds that which the Secretary
determines to be reasonable, taking into consideration
the prevailing interest rates and customary fees
incurred under similar obligations in the private
capital market.
(f) Infrastructure Partners.--
(1) Authority of secretary.--In lieu of or in
combination with appropriations of budget authority to
cover the costs of direct loans and loan guarantees as
required under section 504(b)(1) of the Federal Credit
Reform Act of 1990 (2 U.S.C. 661c(b)(1)), including the
cost of a modification thereof, the Secretary may
accept on behalf of an applicant for assistance under
this section a commitment from a non-Federal source,
including a State or local government or agency or
public benefit corporation or public authority thereof,
to fund in whole or in part credit risk premiums and
modification costs with respect to the loan that is the
subject of the application or modification. In no event
shall the aggregate of appropriations of budget
authority and credit risk premiums described in this
paragraph with respect to a direct loan or loan
guarantee be less than the cost of that direct loan or
loan guarantee.
(2) Credit risk premium amount.--The Secretary shall
determine the amount required for credit risk premiums
under this subsection on the basis of--
(A) the circumstances of the applicant,
including the amount of collateral offered, if
any;
(B) the proposed schedule of loan
disbursements;
(C) historical data on the repayment history
of similar borrowers;
(D) consultation with the Congressional
Budget Office; and
(E) any other factors the Secretary considers
relevant.
(3) Creditworthiness.--An applicant may propose and
the Secretary shall accept as a basis for determining
the amount of the credit risk premium under paragraph
(2) any of the following in addition to the value of
any tangible asset:
(A) The net present value of a future stream
of State or local subsidy income or other
dedicated revenues to secure the direct loan or
loan guarantee.
(B) Adequate coverage requirements to ensure
repayment, on a non-recourse basis, from cash
flows generated by the project or any other
dedicated revenue source, including--
(i) tolls;
(ii) user fees; or
(iii) payments owing to the obligor
under a public-private partnership.
(C) An investment-grade rating on the direct
loan or loan guarantee, as applicable, except
that if the total amount of the direct loan or
loan guarantee is greater than $75,000,000, the
applicant shall have an investment-grade rating
from at least 2 rating agencies on the direct
loan or loan guarantee.
(4) Payment of premiums.--Credit risk premiums under
this subsection shall be paid to the Secretary before
the disbursement of loan amounts (and in the case of a
modification, before the modification is executed), to
the extent appropriations are not available to the
Secretary to meet the costs of direct loans and loan
guarantees, including costs of modifications thereof.
(g) Prerequisites for Assistance.--The Secretary shall not
make a direct loan or loan guarantee under this section unless
the Secretary has made a finding in writing that--
(1) repayment of the obligation is required to be
made within a term of not more than the lesser of--
(A) 35 years after the date of substantial
completion of the project; or
(B) the estimated useful life of the rail
equipment or facilities to be acquired,
rehabilitated, improved, developed, or
established;
(2) the direct loan or loan guarantee is justified by
the present and probable future demand for rail
services or intermodal facilities;
(3) the applicant has given reasonable assurances
that the facilities or equipment to be acquired,
rehabilitated, improved, developed, or established with
the proceeds of the obligation will be economically and
efficiently utilized;
(4) the obligation can reasonably be repaid, using an
appropriate combination of credit risk premiums and
collateral offered by the applicant to protect the
Federal Government; and
(5) the purposes of the direct loan or loan guarantee
are consistent with subsection (b).
(h) Conditions of Assistance.--(1) The Secretary shall,
before granting assistance under this section, require the
applicant to agree to such terms and conditions as are
sufficient, in the judgment of the Secretary, to ensure that,
as long as any principal or interest is due and payable on such
obligation, the applicant, and any railroad or railroad partner
for whose benefit the assistance is intended--
(A) will not use any funds or assets from railroad or
intermodal operations for purposes not related to such
operations, if such use would impair the ability of the
applicant, railroad, or railroad partner to provide
rail or intermodal services in an efficient and
economic manner, or would adversely affect the ability
of the applicant, railroad, or railroad partner to
perform any obligation entered into by the applicant
under this section;
(B) will, consistent with its capital resources,
maintain its capital program, equipment, facilities,
and operations on a continuing basis; and
(C) will not make any discretionary dividend payments
that unreasonably conflict with the purposes stated in
subsection (b).
(2) The Secretary shall not require an applicant for a direct
loan or loan guarantee under this section to provide
collateral. Any collateral provided or thereafter enhanced
shall be valued as a going concern after giving effect to the
present value of improvements contemplated by the completion
and operation of the project, if applicable. The Secretary
shall not require that an applicant for a direct loan or loan
guarantee under this section have previously sought the
financial assistance requested from another source.
(3) The Secretary shall require recipients of direct loans or
loan guarantees under this section to comply with--
(A) the standards of section 24312 of title 49,
United States Code, as in effect on September 1, 2002,
with respect to the project in the same manner that the
National Railroad Passenger Corporation is required to
comply with such standards for construction work
financed under an agreement made under section 24308(a)
of that title; and
(B) the protective arrangements established under
section 504 of this Act, with respect to employees
affected by actions taken in connection with the
project to be financed by the loan or loan guarantee.
(4) The Secretary shall require each recipient of a direct
loan or loan guarantee under this section for a project
described in subsection (b)(1)(E) to provide a non-Federal
match of not less than 25 percent of the total amount expended
by the recipient for such project.
(i) Application Processing Procedures.--
(1) Application status notices.--Not later than 30
days after the date that the Secretary receives an
application under this section, or additional
information and material under paragraph (2)(B), the
Secretary shall provide the applicant written notice as
to whether the application is complete or incomplete.
(2) Incomplete applications.--If the Secretary
determines that an application is incomplete, the
Secretary shall--
(A) provide the applicant with a description
of all of the specific information or material
that is needed to complete the application,
including any information required by an
independent financial analyst; and
(B) allow the applicant to resubmit the
application with the information and material
described under subparagraph (A) to complete
the application.
(3) Application approvals and disapprovals.--
(A) In general.--Not later than 60 days after
the date the Secretary notifies an applicant
that an application is complete under paragraph
(1), the Secretary shall provide the applicant
written notice as to whether the Secretary has
approved or disapproved the application.
(B) Actions by the office of management and
budget.--In order to enable compliance with the
time limit under subparagraph (A), the Office
of Management and Budget shall take any action
required with respect to the application within
that 60-day period.
(4) Expedited processing.--The Secretary shall
implement procedures and measures to economize the time
and cost involved in obtaining an approval or a
disapproval of an application for a direct loan or loan
guarantee under this title.
(5) Dashboard.--The Secretary shall post on the
Department of Transportation's Internet Web site a
monthly report that includes, for each application--
(A) the applicant type;
(B) the location of the project;
(C) a brief description of the project,
including its purpose;
(D) the requested direct loan or loan
guarantee amount;
(E) the date on which the Secretary provided
application status notice under paragraph (1);
and
(F) the date that the Secretary provided
notice of approval or disapproval under
paragraph (3).
(j) Repayment Schedules.--
(1) In general.--The Secretary shall establish a
repayment schedule requiring payments to commence not
later than 5 years after the date of substantial
completion.
(2) Accrual.--Interest shall accrue as of the date of
disbursement, and shall be amortized over the remaining
term of the loan beginning at the time the payments
begin.
(3) Deferred payments.--
(A) In general.--If at any time after the
date of substantial completion the obligor is
unable to pay the scheduled loan repayments of
principal and interest on a direct loan
provided under this section, the Secretary,
subject to subparagraph (B), may allow, for a
maximum aggregate time of 1 year over the
duration of the direct loan, the obligor to add
unpaid principal and interest to the
outstanding balance of the direct loan.
(B) Interest.--A payment deferred under
subparagraph (A) shall--
(i) continue to accrue interest under
paragraph (2) until the loan is fully
repaid; and
(ii) be scheduled to be amortized
over the remaining term of the loan.
(4) Prepayments.--
(A) Use of excess revenues.--With respect to
a direct loan provided by the Secretary under
this section, any excess revenues that remain
after satisfying scheduled debt service
requirements on the project obligations and
direct loan and all deposit requirements under
the terms of any trust agreement, bond
resolution, or similar agreement securing
project obligations may be applied annually to
prepay the direct loan without penalty.
(B) Use of proceeds of refinancing.--The
direct loan may be prepaid at any time without
penalty from the proceeds of refinancing from
non-Federal funding sources.
(k) Sale of Direct Loans.--
(1) In general.--Subject to paragraph (2) and as soon
as practicable after substantial completion of a
project, the Secretary, after notifying the obligor,
may sell to another entity or reoffer into the capital
markets a direct loan for the project if the Secretary
determines that the sale or reoffering has a high
probability of being made on favorable terms.
(2) Consent of obligor.--In making a sale or
reoffering under paragraph (1), the Secretary may not
change the original terms and conditions of the secured
loan without the prior written consent of the obligor.
(l) Nonsubordination.--
(1) In general.--Except as provided in paragraph (2),
a direct loan provided by the Secretary under this
section shall not be subordinated to the claims of any
holder of project obligations in the event of
bankruptcy, insolvency, or liquidation of the obligor.
(2) Preexisting indentures.--
(A) In general.--The Secretary may waive the
requirement under paragraph (1) for a public
agency borrower that is financing ongoing
capital programs and has outstanding senior
bonds under a preexisting indenture if--
(i) the direct loan is rated in the A
category or higher;
(ii) the direct loan is secured and
payable from pledged revenues not
affected by project performance, such
as a tax-based revenue pledge or a
system-backed pledge of project
revenues; and
(iii) the program share, under this
title, of eligible project costs is 50
percent or less.
(B) Limitation.--The Secretary may impose
limitations for the waiver of the
nonsubordination requirement under this
paragraph if the Secretary determines that such
limitations would be in the financial interest
of the Federal Government.
(m) Master Credit Agreements.--
(1) In general.--Subject to subsection (d) and
paragraph (2) of this subsection, the Secretary may
enter into a master credit agreement that is contingent
on all of the conditions for the provision of a direct
loan or loan guarantee, as applicable, under this title
and other applicable requirements being satisfied prior
to the issuance of the direct loan or loan guarantee.
(2) Conditions.--Each master credit agreement shall--
(A) establish the maximum amount and general
terms and conditions of each applicable direct
loan or loan guarantee;
(B) identify 1 or more dedicated non-Federal
revenue sources that will secure the repayment
of each applicable direct loan or loan
guarantee;
(C) provide for the obligation of funds for
the direct loans or loan guarantees contingent
on and after all requirements have been met for
the projects subject to the master credit
agreement; and
(D) provide 1 or more dates, as determined by
the Secretary, before which the master credit
agreement results in each of the direct loans
or loan guarantees or in the release of the
master credit agreement.
* * * * * * *
CHANGES IN THE APPLICATION OF EXISTING LAW
Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of
the House of Representatives, the following statements are
submitted describing the effect of provisions in the
accompanying bill that directly or indirectly change the
application of existing law.
TITLE I--DEPARTMENT OF TRANSPORTATION
Language is included under Office of the Secretary,
`Salaries and Expenses' specifying certain amounts for
individual offices of the Office of the Secretary and official
reception and representation expenses, specifying transfer
authority among offices, allowing up to $2,500,000 in user fees
to be credited to the account, and preventing funds for certain
activities.
Language is included under the Office of the Secretary,
`Research and Technology' which limits the availability of
funds, changes the availability of funds, provides funds for
specified activities, allows funds received from other entities
to be credited to the account, and deems the title of the
office.
Language is included under the Office of the Secretary,
`National Infrastructure Investments' which authorizes and
appropriates grant funding for surface transportation
infrastructure to be competitively awarded at the discretion of
the Secretary, limits the availability of funds, specifies
grantee and project eligibility requirements, authorizes a
portion of the funds for Federal credit assistance awards,
specifies requirements for how the Secretary shall prioritize
funding and select projects, specifies minimum and maximum
grants sizes and sets limits on awards per project and per
state, specifies a limit on federal share of projects receiving
awards, establishes minimum funding amounts for rural and urban
projects, authorizes the Secretary to use funds for
departmental administrative costs, and establishes requirements
and deadlines for when and how the Secretary shall solicit
applications for grants and make awards.
Language is included under the Office of the Secretary,
`National Surface and Innovative Finance Bureau' which makes
funding available until expended and sets a notification
requirement.
Language is included under the Office of the Secretary,
`Financial Management Capital' which provides funds for
financial systems and business process upgrades and changes the
availability of funds.
Language is included under the Office of the Secretary,
`Cyber Security Initiatives' which provides funds for
information technology security upgrades and changes the
availability of funds.
Language is included under the Office of the Secretary,
`Transportation Planning, Research, and Development' which
provides funds for conducting transportation planning,
research, and development activities and making grants; changes
the availability of funds; and specifies funding minimums for
and authorities related to the Interagency Infrastructure
Permitting Improvement Center.
Language is included that limits operating costs and
capital outlays of the Working Capital Fund for the Department
of Transportation (DOT); provides that services shall be
provided on a competitive basis, except for non-DOT entities;
restricts the transfer for any funds to the Working Capital
Fund with approval; and limits special assessments or
reimbursable agreements levied against any program, project, or
activity funded in this Act to only those assessments or
reimbursable agreements that are presented to and approved by
the House and Senate Committees on Appropriations.
Language is included under Office of the Secretary, `Small
and Disadvantaged Business Utilization and Outreach' specifying
that funds may be used for business opportunities related to
any mode of transportation, limiting the availability of funds,
and specifying that funds may be used for activities previously
under the heading `Minority Business Resource Center'.
Language is included under the Office of the Secretary,
`Payments to Air Carriers' that allows the Secretary of
Transportation to consider subsidy requirements when
determining service to a community, eliminates the requirement
that carriers use at least 15-passenger aircraft, prohibits
funds for communities within a certain distance of a small hub
airport without a cost-share, allows amounts to be made
available from the Federal Aviation Administration, and allows
the reimbursement of such amounts from overflight fees.
Section 101 prohibits the Office of the Secretary of
Transportation from approving assessments or reimbursable
agreements pertaining to funds appropriated to the modal
administrations in this Act, unless such assessments or
agreements have completed the normal reprogramming process for
Congressional notification.
Section 102 sets administrative requirements of the
Department's Council on Credit and Finance.
Section 103 allows the Department to use the Working
Capital Fund to provide transit benefits to Federal employees.
Section 104 provides additional amounts to the Office of
the Secretary, `Salaries and Expenses' if the Secretary
completes work on certain competitive grant programs.
Section 105 specifies certain amounts for the Office of the
Secretary, `Research and Technology' for the Secretary to
conduct a study and establishes requirements and deadlines for
when and how the Secretary shall execute such a study.
Section 106 specifies certain amounts for the Office of the
Secretary, `Research and Technology' for the Secretary to
establish a center of excellence within the Department and
establishes requirements and deadlines for when and how the
Secretary shall execute such a center of excellence.
Language is included under the Federal Aviation
Administration, `Operations' that specifies funds for certain
activities; limits the availability of funds; derives funds
from the Airport and Airway Trust Fund; specifies transfer
authorities among activities; requires various staffing plans
by a certain date with financial penalties for late
submissions; permits the use of funds to enter into a grant
agreement with a nonprofit standard setting organization to
develop aviation safety standards; prohibits the use of funds
for new applicants of the second career training program;
prohibits funds to plan, finalize, or implement any regulation
that would promulgate new aviation user fees not specifically
authorized by law; credits funds received from other entities
for expenses incurred in the provision of agency services;
specifies funds for the contract tower program; prohibits funds
from certain activities coordinated through the Working Capital
Fund; prohibits funds to eliminate the Contract Weather
Observer program; and requires organizational changes to field
or regional offices to be subject to section 405 of this Act.
Language is included under Federal Aviation Administration,
`Facilities and Equipment' that funds various activities from
the Airport and Airway Trust Fund, limits the availability of
funds, credits funds received from other entities for expenses
incurred in the modernization of air navigation systems, and
requires a capital investment.
Language is included under Federal Aviation Administration,
`Research, Engineering, and Development' that provides funds
from the Airport and Airway Trust Fund that limits the
availability of funds; credits funds received from other
entities for expenses incurred for in research, engineering and
development to be credited to the account; requires funds to be
used in accordance with the report accompanying this Act; and
specifies transfer authorities among amounts in the report
subject to section 405 of this Act.
Language is included under Federal Aviation Administration,
`Grants-in-aid for Airports' that provides funds from the
Airport and Airway Trust Fund and from general funds, specifies
the availability of funds, prohibits funds for certain
activities, sets a cost share requirement on certain airport
construction projects, limits the availability of funds for
certain activities, allows the participation of certain
additional airports, allows the Federal share of certain grants
to be 95 percent, allows funds to be used for administrative
expenses, research, and the ``Small Community Air Service
Development Program''; and defines airport eligibility.
Section 110 limits the number of technical work years at
the Center for Advanced Aviation Systems Development to 600.
Section 111 prohibits FAA from requiring airport sponsors
to provide the agency `without cost' building construction,
maintenance, utilities and expenses, or space in sponsor-owned
buildings, except in the case of certain specified exceptions.
Section 112 allows reimbursement for fees collected and
credited under 49 U.S.C. 45303.
Section 113 allows reimbursement of funds for providing
technical assistance to foreign aviation authorities to be
credited to the operations account.
Section 114 prohibits FAA from paying Sunday premium pay,
except in those cases where the individual actually worked on a
Sunday.
Section 115 prohibits FAA from using funds to purchase
store gift cards or gift certificates through a government-
issued credit card.
Section 116 requires approval from the Deputy Assistant
Secretary for Administration of the Department of
Transportation for retention bonuses for any FAA employee.
Section 117 requires the Secretary to block the display of
an owner or operator's aircraft registration number in the
Aircraft Situational Display to Industry program, upon the
request of an owner or operator.
Section 118 limits the number of FAA political appointees
to eight.
Section 119 prohibits funds for any increase in fees for
navigational products until FAA has reported a justification
for such fees to the House and Senate Committees on
Appropriations.
Section 119A requires FAA to notify the House and Senate
Committees on Appropriations at least 90 days before closing a
regional operations center or reducing the services it
provides.
Section 119B prohibits funds to change weight restrictions
or prior permission rules at Teterboro Airport in Teterboro,
New Jersey.
Section 119C sets requirements for the Contract Tower
program.
Section 119D allows for reimbursements to airports affected
by Temporary Flight Restrictions (TFRs).
Language is included under the Federal Highway
Administration, `Limitation on Administrative Expenses' that
limits the amount to be paid, together with advances and
reimbursements received, for the administrative expenses of the
agency. In addition to this limitation, an amount is specified
that is to be made available to the Appalachian Regional
Commission for administrative expenses.
Language is included under the Federal Highway
Administration, `Federal-aid Highways' that limits the
obligations for Federal-aid highways and highway safety
construction programs; allows the Secretary to charge, collect
and spend fees for the costs of underwriting and servicing
Federal credit instruments; and provides that such amounts are
in addition to administrative expenses, and not subject to any
obligation limitation or limitation on administrative expenses
under section 608 of title 23, U.S.C., and are available until
expended.
Language is included under the Federal Highway
Administration, `Federal-aid Highways' that liquidates contract
authority from the Highway Trust Fund.
Language is included under the Federal Highway
Administration, `Highway Infrastructure Programs' that
authorizes and appropriates additional amounts for activities
eligible under sections 133(b), 130(a), 151, 165(b)(2) and
165(c)(6) of title 23, and the Nationally Significant Federal
lands and tribal projects program and the Regional
Infrastructure Accelerator Demonstration Program as authorized
under the FAST Act, an Advanced Digital Construction Management
System, a National Road Network Pilot Program, and a research
study on Tribal populations. Language specifies the formula
distribution of funding, applies and waives various statutory
requirements for each subset of funding, and changes the
availability of funds.
Section 120 distributes obligation authority among Federal-
aid highways programs, contingent on enactment of authorization
legislation.
Section 121 credits funds received by the Bureau of
Transportation Statistics to the Federal-aid highways account.
Section 122 provides requirements for any waiver of the Buy
America Act.
Section 123 requires Congressional notification before the
Department provides credit assistance under section 603 and 604
of title 23, U.S.C.
Section 124 requires Congressional notification before the
Department provides grant assistance under section 117 of title
23, U.S.C.
Section 125 authorizes the Secretary to repurpose certain
unobligated balances of previously earmarked funds, set
requirements for exercising such authority, defines what
constitutes an earmarked amount for purposes of such authority,
specifies limitations on what earmark balances are eligible for
repurposing, and specifies requirements that new projects must
meet in order to be eligible for repurposed funding.
Section 126 repeals a prohibition on two-way tolling on the
Verrazano-Narrows Bridge in New York.
Section 127 removes a cap on annual spending of emergency
relief funds for the Territories.
Section 128 requires the Department to make determinations
on certain waivers to the Buy America Act.
Section 129 repeals a prohibition on removing a bridge in
Boston, Massachusetts.
Section 129A modifies a provision of the FAST Act regarding
the availability of funds for states without a State Asset
Management plan.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor Carrier Safety Operations and Programs'
that provides a limitation on obligations and liquidation of
contract authorization; changes the availability of funds; and
specifies amounts available for specific activities.
Language is included under the Federal Motor Carrier Safety
Administration, `Motor Carrier Safety Grants' that provides
limitation on obligations and liquidation of contract
authorization; modifies the availability of certain funds; and
specifies amounts available for various programs.
Section 130 requires the Federal Motor Carrier Safety
Administration to send notices of certain violations such that
the receipt of such notice is confirmed.
Section 131 prohibits funds to enforce Electronic Logging
Device regulations with respect to carriers transporting
livestock or insects.
Section 132 requires the Federal Motor Carrier Safety
Administration to require rear underride guards be inspected
annually.
Section 133 prohibits the Federal Motor Carrier Safety
Administration from using funds to review and issue a decision
on a petition to preempt certain State meal and rest break
laws.
Section 134 requires the Federal Motor Carrier Safety
Administration to make Compliance, Safety, Accountability
program data publicly available consistent with the way it was
made available before December 4, 2015.
Section 135 prohibits the Federal Motor Carrier Safety
Administration from using funds to promulgate or enforce a rule
that eliminates the 30-minute rest break.
Language is included under National Highway Traffic Safety
Administration, `Operations and Research' that provides funds
for vehicle safety activities; and modifies the period of
availability of certain funds.
Language is included under National Highway Traffic Safety
Administration, `Operations and Research' that provides a
limitation on obligations and a liquidation of contract
authorization from the Highway Trust Fund; specifies amounts
for various programs; and modifies the period of availability
of certain funds.
Language is included under the National Highway Traffic
Safety Administration `Highway Traffic Safety Grants' that
provides a limitation on obligations; changes the availability
of funds; provides a liquidation of contract authorization from
the Highway Trust Fund; specifies the amounts for various
programs; prohibits and limits funds for specific purposes; and
requires certain Congressional notifications.
Section 140 provides funding for travel and related
expenses for state management reviews and highway safety core
competency development training.
Section 141 exempts obligation authority that was made
available in previous public laws from limitations on
obligations set in this Act.
Section 142 prohibits funding for mandated global
positioning system tracking.
Section 143 authorizes and appropriates additional funding
for activities eligible under section 403 of title 23 and
changes the availability of funds.
Section 144 authorizes and appropriates additional funding
for a study on children in vehicles with Automated Driving
Systems.
Section 145 prohibits the National Highway Traffic Safety
Administration from using funds to finalize ``The Safer
Affordable Fuel-Efficient Vehicles Rule''.
Section 146 prohibits the National Highway Traffic Safety
Administration from using funds to enforce requirements imposed
by section 405(a)(9) of title 23.
Language is included under Federal Railroad Administration,
`Safety and Operations' which provides funds and funding
availability.
Language is included under Federal Railroad Administration,
`Railroad Research and Development' which provides funds and
funding availability.
Language is included under Federal Railroad Administration,
`Railroad Rehabilitation and Improvement Financing Program'
authorizing the Secretary to issue direct loans and loan
guarantees under sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act and provides authority
availability.
Language is included under the Federal Railroad
Administration, `Federal-State Partnership for State of Good
Repair' which provides funds, provides funding availability,
allows the Secretary to withhold funds for a specified purpose,
and establishes requirements and deadlines for when and how the
Secretary shall solicit applications for grants and make
awards.
Language is included under the Federal Railroad
Administration, `Consolidated Rail Infrastructure and Safety
Improvements' which provides funds and provides funding
availability. Language sets aside amounts for specified
purposes, expands eligibility for the set-asides and other
purposes, allows certain funds to be transferred based on
criteria, and allows unobligated balances remaining after four
years to be used for any eligible project. Language establishes
requirements and deadlines for when and how the Secretary shall
solicit applications for grants and make awards, and allows the
Secretary to withhold funding for a specified purpose.
Language is included under the Federal Railroad
Administration, `Magnetic Levitation Technology Deployment
Program' which provides funds and funding availability.
Language is included under the Federal Railroad
Administration, `Northeast Corridor Grants to the National
Railroad Passenger Corporation' which provides funds and
funding availability, allows the Secretary to withhold funding
for specified purposes, and sets aside amounts for specified
activities.
Language is included under the Federal Railroad
Administration, `National Network Grants to the National
Railroad Passenger Corporation' which provides funding and
funding availability, and allows the Secretary to withhold
funding for a specified purpose.
Section 150 limits overtime to $35,000 per employee, allows
Amtrak to waive this restriction for specific employees for
safety or operational efficiency reasons, requires quarterly
notification to the House and Senate Committees on
Appropriations on waivers granted for overtime and specified
information related to overtime, and requires the Amtrak to
provide a report that includes specified information on
overtime payments incurred for 2019 and three prior years.
Section 151 prohibits funds under the Federal Railroad
Administration, `Northeast Corridor Grants to the National
Railroad Passenger Corporation' and `National Network Grants to
the National Railroad Passenger Corporation' to reduce the size
of the Amtrak Police Department.
Language is included under Federal Transit Administration,
`Administrative Expenses' specifying amounts for certain
activities, modifying the period of availability, prohibiting a
permanent office of transit security, and directing the
submission of the annual report on new starts.
Language is included under Federal Transit Administration,
`Transit Formula Grants' that provides a limitation on
obligations from the Highway Trust Fund, and provides for the
liquidation of contract authority.
Language is included under Federal Transit Administration,
`Transit Infrastructure Grants' that specifies amounts for
certain activities authorized by sections 5339, 5337, 5312 and
5318 of title 49, from the general fund, and are not subject to
any limitation on obligations.
Language is included under Federal Transit Administration
`Technical Assistance and Training' that specifies amounts for
certain activities.
Language is included under Federal Transit Administration,
`Capital Investment Grants' that specifies amounts for specific
purposes, changes the period of availability of funds, changes
the obligation deadline, and requires the Secretary to continue
to administer the capital investment grant program pursuant to
49 U.S.C. 5309.
Language is included under Federal Transit Administration,
`Grants to the Washington Metropolitan Area Transit Authority'
that changes the period of availability of funds, requires the
Secretary to review projects before a grant is made, requires
the Secretary to determine that WMATA has placed the highest
priority on safety investments and has eliminated financial
management issues, requires the Secretary to place the highest
priority on safety investments, and allows the Secretary to
waive the requirement for cellular phone service.
Section 160 exempts previously made transit obligations
from limitations on obligations.
Section 161 allows funds appropriated for capital
investment grants and bus and bus facilities not obligated by a
certain date, plus other recoveries to be available for other
projects under 49 U.S.C. 5309.
Section 162 allows for the transfer of prior year
appropriations from older accounts to be merged into new
accounts with similar, current activities.
Section 163 modifies the obligation deadline for certain
funds provided under the heading Capital Investment Grants.
Section 164 prohibits the Federal Transit Administration
from using funds to enforce provisions in section 9503(e)(4) of
Title 26, request or require a Capital Investment Grant project
to have a maximum Capital Investment Grant contribution lower
than 50 percent of the total project cost; to determine the
maximum Capital Investment Grant contribution until the project
has been in Engineering for at least 180 days; and requiring
projects currently in Project Development or Engineering from
exceeding a 50 percent probability threshold when determining
the reasonableness of that estimate.
Section 165 permits grantees under section 5339(c) of title
49 to submit applications with partners and permits those
arrangements to comply with competitive procurement
regulations.
Language is included under the Saint Lawrence Seaway
Development Corporation that authorizes expenditures,
contracts, and commitments as may be necessary.
Language is included under the Saint Lawrence Seaway
Development Corporation `Operations and Maintenance' that
provides funds derived from the Harbor Maintenance Trust Fund,
and specifies a certain amount for asset renewal activities.
Language is included under Maritime Administration,
`Maritime Security Program' that provides funds and funding
availability.
Language is included under Maritime Administration,
`Operations and Training' that provides funds for specific
purposes, limits funding availability, and requires a report on
sexual assault and harassment at the United States Merchant
Marine Academy.
Language is included under Maritime Administration,
`Assistance to Small Shipyards' that provides funding, and
limits funding availability.
Language is included under Maritime Administration, `Ship
Disposal' that provides funds and limits funding availability.
Language is included under Maritime Administration, `Port
Infrastructure Development Program', that provides funds and
limits funding availability.
Section 170 allows the Maritime Administration to furnish
utilities and services and make repairs to any lease, contract,
or occupancy involving government property under the control of
MARAD.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Operational Expenses' which provides
funding for operations and funding availability. Language
establishes requirements and deadlines for when the Secretary
shall complete several rulemakings.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Hazardous Materials Safety' which
provides funds for hazardous materials safety functions and
funding availability. Language allows up to $800,000 in fees
collected under 49 U.S.C. 5108(g) to be deposited in the
general fund of the Treasury as offsetting receipts, and
credits to the appropriation for the account funds received
from States, counties, other public authorities, and private
sources for certain expenses.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Pipeline Safety' which specifies
amounts derived from the Pipeline Safety Fund, the Oil Spill
Liability Trust Fund, and the Underground Natural Gas Storage
Facility Safety Account; limits availability of funds; and
specifies a minimum amount for certain activities.
Language is included under Pipeline and Hazardous Materials
Safety Administration, `Emergency Preparedness Grants' which
specifies the amount derived from the Emergency Preparedness
Fund, limits the availability of funds, allows up to four
percent of funds made available for administrative costs, and
allows prior year recoveries for certain activities.
Language is included under Office of Inspector General,
`Salaries and Expenses' that provides the Inspector General
with all necessary authority to investigate allegations of
fraud by any person or entity that is subject to regulation by
the Department of Transportation, the authority to investigate
unfair or deceptive practices and unfair methods of competition
by domestic and foreign air carriers and ticket agents, and
allows funds to be available from forfeiture proceedings.
Section 180 provides authorization for DOT to maintain and
operate aircraft, hire passenger motor vehicles and aircraft,
purchase liability insurance, buy uniforms, or allowances
therefor.
Section 181 limits appropriations for services authorized
by 5 U.S.C. 3109 to the rate permitted for an Executive Level
IV.
Section 182 prohibits recipients of funds in this Act from
disseminating personal information obtained by state DMVs in
connection to motor vehicle records with an exception.
Section 183 limits the number of political and Presidential
appointees within the Department of Transportation and
increases the limitation if the Secretary completes work on
certain competitive grant programs.
Section 184 stipulates that revenue collected by FHWA and
FRA from States, counties, municipalities, other public
authorities, and private sources for training be transferred
into specific accounts within the agency with an exception.
Section 185 prohibits DOT from using funds to make a grant,
loan, loan guarantee, or cooperative agreement, unless DOT
gives a 3-day advance notice to the House and Senate Committees
on Appropriations. Also requires notice of any ``quick
release'' of funds from FHWA's emergency relief program, and
prohibits notifications from involving funds not available for
obligation. Requires DOT to provide a comprehensive list of all
loans, loan guarantees, lines of credit, cooperative
agreements, and discretionary grants that will be announced
with a 3-day advance notice to the House and Senate Committees
on Appropriations.
Section 186 allows funds received from rebates, refunds,
and similar sources to be credited to appropriations of DOT.
Section 187 allows amounts from improper payments to a
third party contractor that are lawfully recovered by DOT to be
made available until expended to cover expenses incurred in
recovery of such payments.
Section 188 requires that reprogramming actions have to be
approved or denied by the House and Senate Committees on
Appropriations, and reprogramming notifications shall be
transmitted solely to the Appropriations Committees.
Section 189 allows funds appropriated to modal
administrations to be obligated for the Office of the Secretary
for costs related to assessments only when such funds provide a
direct benefit to that modal administration.
Section 190 authorizes the Secretary to carry out a program
that establishes uniform standards for developing and
supporting agency transit pass and transit benefits, including
distribution of transit benefits.
Section 191 allows the use of funds to assist a contract
utilizing geographic, economic, or other hiring preference not
otherwise authorized by law, only if certain requirements are
met related to availability of local labor, displacement of
existing employees, and delays in transportation plans.
Section 192 prohibits funds to take certain actions
relating to the California High Speed Rail Authority. Language
establishes requirements and deadlines for when and how the
Secretary may solicit applications for grants and make awards
for specified funding.
Section 195 prohibits the Department of Transportation from
using funds for grants to entities that do not comply with
practices for control system procurement recommended by the
Department of Homeland Security.
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Language is included under Department of Housing and Urban
Development, `Management and Administration', `Executive
Offices' that specifies funds for the Office of the Secretary,
the Office of the Deputy Secretary, the Office of Congressional
and Intergovernmental Relations, the Office of Public Affairs,
the Office of Adjudicatory Services, the Office of Small and
Disadvantaged Business Utilization, and the Center for Faith-
Based and Neighborhood Partnerships; limits funds available for
reception and representation; limits reprogramming among these
offices; limits funds to detail individuals to these offices;
and limits funds for certain positions in the Office of Budget.
Language is included under Department of Housing and Urban
Development, `Management and Administration', `Administrative
Support Offices' that specifies funds for the Office of the
Chief Financial Officer, the Office of the General Counsel, the
Office of Field Policy and Management, the Office of
Departmental Equal Employment Opportunity, the Office of the
Chief Information Officer, and a consolidated Assistant
Secretary for Administration; allows funds for the hire of
passenger motor vehicles and to hire experts or consultants;
requires a quarterly reports on congressional reports; requires
congressional reports to be submitted electronically; and
requires an expenditure plan for the financial transformation
initiative.
Language is included under Department of Housing and Urban
Development, `Management and Administration', `Program Office
Salaries and Expenses' that specifies funds for the Office of
Public and Indian Housing, Office of Community Planning and
Development, Office of Housing, Office of Policy Development
and Research, Office of Fair Housing and Equal Opportunity, and
Office of Lead Hazard Control and Healthy Homes; specifies an
amount for implementing provisions of the Violence Against
Women Act, public and tribal housing inspections, hiring
permanent positions for disaster recovery; and transfers
unobligated balances from prior years.
Language is included under Department of Housing and Urban
Development, `Management and Administration', `Working Capital
Fund' which specifies the shared services to be used by the
Department specifies the conditions for reimbursement; and
allows for an additional amount from salaries and expenses to
be merged with the working capital fund.
Language is included under Department of Housing and Urban
Development, `Tenant-Based Rental Assistance' which specifies
funds for certain programs, activities and purposes and limits
the use and availability of certain funds; specifies the
methodology for allocation of renewal funding; directs the
Secretary to provide renewal funding based on validated voucher
system leasing and cost data for the prior year; directs the
Secretary, to the extent necessary, to prorate each public
housing agency's (PHA) allocation; directs the Secretary to
notify PHAs of their annual budget the later of 60 days after
enactment of the Act or March 1, 2019; allows the Secretary to
extend the notification period with the prior approval of the
House and Senate appropriations committees; specifies the
amounts available to the Secretary to allocate to PHAs that
need additional funds and for fees; specifies the amount for
additional rental subsidy due to unforeseen emergencies and
portability; provides funding for public housing agencies with
vouchers that were not in use during the previous 12 month
period in order to be available to meet a commitment pursuant
to section 8(o)(13); and provides funding for public housing
agencies that despite taking reasonable measures, would
otherwise be required to terminate assistance for families as a
result of insufficient funding.
Language is included under Department of Housing and Urban
Development, `Tenant-Based Rental Assistance' which provides
funds for tenant protection vouchers; sets certain conditions
for the Secretary to provide such vouchers; provides funds for
residents of multi-family properties that would not otherwise
have been eligible for tenant-protection vouchers; sets
eligibility requirements for multi-family properties to
participate in the program; requires the Secretary to issue
guidance on requirements; sets conditions for the reissuance of
vouchers; and allows the Secretary to use unobligated and
recaptured funds from prior years.
Language is included under Department of Housing and Urban
Development, `Tenant-Based Rental Assistance' which provides
funds for administrative and other expenses of public housing
agencies to administer the section 8 tenant-based rental
assistance program; sets an amount to be available to PHAs that
need additional funds to administer their section 8 programs,
including fees to administer tenant protection assistance,
disaster related vouchers, Veterans Affairs Supportive Housing
vouchers and other special purpose vouchers; provides for the
distribution of funds; provides for a uniform percentage
decrease of amounts to be allocated if funds are not
sufficient; establishes that `Moving to Work' (MTW) agencies be
funded pursuant to their MTW agreements and in accordance with
the requirements of the MTW program; provides funds for section
811 mainstream vouchers; provides funds for incremental HUD-
VASH; provides funds for rental assistance and administrative
costs associated with tribal veteran vouchers subject to
certain conditions; provides funding for Family Unification
Program vouchers, subject to certain conditions; provides
funding for a mobility demonstration and specifies amounts for
certain eligible activities and requires vouchers funded
therein to be and remain for families with children; and
requires the Secretary to track special purpose vouchers.
Language is included under Department of Housing and Urban
Development, `Housing Certificate Fund' which rescinds prior
year funds and allows the Secretary to use recaptures to fund
project-based contracts and contract administrators.
Language is included under Department of Housing and Urban
Development, `Public Housing Capital Fund' which specifies the
total amount available for certain activities; limits the
availability of funds; limits the delegation of certain waiver
authorities; specifies an amount for ongoing Public Housing
Financial and Physical Assessment activities of the Real Estate
Assessment Center, pilot a new physical inspection process, and
implement recommendations made in the March 2019 GAO report
``Real Estate Inspection Center: HUD Should Improve Physical
Inspection Process and Oversight of Inspectors'' (GAO-19-254);
specifies an amount for judicial receiverships, specifies an
amount for emergency capital needs; specifies an amount for
competitive grants to public housing agencies to evaluate and
reduce lead-based paint hazards in public housing, specifies an
amount for competitive grants to public housing agencies for
activities authorized under the Healthy Homes Initiative;
establishes a limitation on amounts that can be transferred;
makes funds available for bonuses for high performing PHAs; and
establishes requirements for the notification to public housing
agencies of their formula allocations.
Language is included under Department of Housing and Urban
Development, `Public Housing Operating Fund' which specifies
the total amount available for certain activities; and modifies
the period of availability.
Language is included under Department of Housing and Urban
Development, `Choice Neighborhoods Initiative' which allows the
Secretary to make competitive grants for neighborhood
rehabilitation; changes the availability of funds; allows funds
to be used for services, development, and housing; declares
funds not for ``public housing''; requires a period of
affordability; requires local planning and cost share; allows
local governments, tribal entities, public housing authorities
and non-profits to be grantees; allows for-profits to partner
and apply with a public entity; requires grantees to partner
with local organizations; establishes conditions for
environmental review; requires grantees to create partnerships
with other local organizations; requires the Secretary to
consult with other federal agencies; and allows prior year
program funds and HOPE VI funds to be used for this program.
Language is included under Department of Housing and Urban
Development, `Self-Sufficiency Programs' which allows the
Secretary to waive or specify certain requirements, establishes
entities eligible to compete for funding, allows the
establishment of escrow funds, allows the use of residual
receipt accounts to hire coordinators for a number of
sufficiency programs, and expands eligibility for Family Self-
Sufficiency Programs to include Project-Based Rental Assistance
properties.
Language is included under Department of Housing and Urban
Development, `Native American Programs' which provides funding
and funding availability. Language specifies amounts and
conditions for the Native American Housing Block Grants formula
program, training and technical assistance, guarantee notes and
obligations as defined in section 502 of the Congressional
Budget Act of 1974, and the Indian Community Development Block
Grant program. Language authorizes and appropriates funding for
competitive grants through the Native American Housing Block
Grant program to be awarded at the discretion of the Secretary,
specifies considerations for the Secretary in making funding
awards, establishes a maximum grant award size, and authorizes
transfers of funds for administrative expenses.
Language is included under Department of Housing and Urban
Development, `Indian Housing Loan Guarantee Fund Program
Account' which specifies the amount and availability of funds
to subsidize total loan principal, specifies how to define the
costs of modifying loans, and provides a dedicated amount for
administrative expenses.
Language is included under Department of Housing and Urban
Development, `Native Hawaiian Housing Block Grant' which
provides funding and funding availability. Language prevents
and authorizes certain activities.
Language is included under Department of Housing and Urban
Development, `Housing Opportunities for Persons with AIDS'
which limits availability of funds and sets forth certain
requirements for the allocation of funds, renewal of contracts,
and grantee notification.
Language is included under Department of Housing and Urban
Development, `Community Development Fund' which limits the use
and availability of certain funds; specifies the allocation of
certain funds; prohibits grant recipients from selling, trading
or transferring funds; prohibits the provision of funds to for-
profit entities for economic development projects unless
certain conditions are met; and requires grantee notification
of formula allocations within 60 days of enactment.
Language is included under Department of Housing and Urban
Development, `Community Development Loan Guarantees Program
Account' which limits the principal amount of loan guarantees;
directs the Secretary to collect fees from borrowers adequate
to result in credit subsidy cost of zero; and allows the
Section 108 loan guarantee program to guarantee notes or other
obligations issued by any State on behalf of non-entitlement
communities in the State.
Language is included under Department of Housing and Urban
Development, `Home Investment Partnerships Program' which
limits the availability of funds; specifies the allocation of
certain funds for certain purposes; requires grantee
notification within 60 days of enactment; and prohibits
sections 218(g) and 231(b) of the Cranston-Gonzalez National
Affordable Housing Act from applying with respect to the right
of a jurisdiction to draw HOME funds that otherwise expired or
would expire in 2016 through 2022, and to uninvested funds that
otherwise were deducted or would be deducted in 2018 through
2022, respectively, and that the funds shall only be invested
in housing to be developed, sponsored, or owned by community
housing development organizations.
Language is included under Department of Housing and Urban
Development, `Self-help and Assisted Homeownership Opportunity
Program' which specifies funding amounts for certain programs,
limits the period of availability, and specifies certain
amounts for rural activities and organizations.
Language is included under Department of Housing and Urban
Development, `Homeless Assistance Grants' which limits the
availability of funds; specifies the allocation of certain
funds for certain purposes; specifies matching requirements;
requires the Secretary to establish minimum performance
thresholds for projects; requires the Secretary to prioritize
funding to grant applicants that demonstrate a capacity to
reallocate funding to higher performing projects; requires
grantees to integrate homeless programs with other social
service providers; requires notification of formula allocations
within 60 days of enactment.
Language is included under Department of Housing and Urban
Development, `Project-Based Rental Assistance' which provides
funds, limits the availability of funds, specifies the
allocation of certain funds for certain purposes, and allows
the Secretary to recapture residual receipts from certain
properties.
Language is included under Department of Housing and Urban
Development, `Housing for the Elderly' which limits the
availability of funds; specifies the allocation of certain
funds; designates certain funds to be used only for certain
grants; allows funds to be used for specified inspections or
inspection-related activities; allows funds to be used to renew
certain contracts; allows the Secretary to waive certain
provisions governing contract terms; allows excess funds held
in residual receipts accounts, after contract termination, to
be deposited in this account; and limits the availability and
use of these funds.
Language is included under Department of Housing and Urban
Development, `Housing for Persons with Disabilities' which
limits the availability of funds; specifies the allocation of
certain funds; allows funds to be used for inspections or
inspection-related activities; allows funds to be used to renew
certain contracts; allows funds held in residual account, after
contract termination, to be deposited in this account; and
limits the availability and use of these funds.
Language is included under Department of Housing and Urban
Development, `Housing Counseling Assistance' that provides
funds for described purposes, limits the availability of funds,
specifies amounts to be used for specified purposes, requires
the Secretary to make grants within a specified time frame, and
allows multiyear agreements subject to the availability of
annual appropriations.
Language is included under Department of Housing and Urban
Development, `Rental Housing Assistance' that provides funds
for the cost of contract amendments; limits the availability of
funds; and allows the Secretary to use specified unobligated
balances, including recaptures, carryover and other specified
remaining funds for specified purposes.
Language is included under Department of Housing and Urban
Development, `Payment to Manufactured Housing Fees Trust Fund'
that permits fees to be assessed, modified, and collected for
dispute resolution and installation programs; permits temporary
borrowing authority from the general fund of the Treasury;
provides that general fund amounts from collections offset the
appropriation so that the resulting appropriation is a
specified amount; requires fees collected to be deposited into
the Manufactured Housing Fees Trust Fund; allows fees to be
used for necessary expenses and limits their availability; and
allows the Secretary to use approved service providers.
Language is included under the Department of Housing and
Urban Development, `Mutual Mortgage Insurance Program Account'
which limits new commitments to issue guarantees, limits new
obligations to make direct loans, specifies funds for
administrative contract expenses, specifies that the Secretary
may insure specific mortgages only under certain conditions;
specifies the extent that the commitment levels allow for
additional contract expenses, and limits the availability of
funds.
Language is included under Department of Housing and Urban
Development, `General and Special Risk Program Account' which
limits new commitments to issue guarantees, limits new
obligations to make direct loans, and limits the availability
of funds.
Language is included under Department of Housing and Urban
Development, `Government National Mortgage Association' which
limits new commitments to issue guarantees, provides funds for
salaries and expenses, allows specified receipts to be credited
as offsetting collections, allows for additional contract
expenses as guaranteed loan commitments exceed certain levels,
and limits the availability of funds.
Language is included under Department of Housing and Urban
Development, `Policy Development and Research' which limits the
availability of funds, specifies authorized uses, allows the
Secretary to enter into cooperative agreements under specified
circumstances; directs the submission of a spend plan; and
prohibits funding for a specified use.
Language is included under Department of Housing and Urban
Development, `Fair Housing and Equal Opportunity' which
provides funds for certain purposes, limits the availability of
funds, requires the Secretary to make grants within a specified
time frame, authorizes the Secretary to assess and collect
fees, and provides funds for programs that support the
assistance of persons with limited English proficiency.
Language is included under Department of Housing and Urban
Development, `Office of Lead Hazard Control and Healthy Homes'
which changes the period of availability of funds, specifies
the amount of funds for specific purposes, specifies the
treatment of certain grants, specifies a matching requirement
for grants, and requires a certification of adequate capacity.
Language is included under Department of Housing and Urban
Development, `Information Technology Fund' which changes the
period of availability and purpose of funds, including funds
transferred, and requires a plan for expenditure.
Language is included under Department of Housing and Urban
Development, `Office of Inspector General' which specifies the
use of funds and directs that the IG shall have independent
authority over all personnel issues within the office.
Section 201 splits overpayments evenly between Treasury and
State HFAs.
Section 202 prohibits funds from being used to investigate
or prosecute lawful activities under the Fair Housing Act.
Section 203 requires any grant or cooperative agreement to
be made on a competitive basis, unless otherwise provided, in
accordance with Section 102 of the Department of Housing and
Urban Development Reform Act of 1989.
Section 204 relates to the availability of funds for
services and facilities for GSEs and others subject to the
Government Corporation Control Act and the Housing Act of 1950.
Section 205 prohibits the use of funds in excess of the
budget estimates, unless provided otherwise.
Section 206 relates to the expenditure of funds for
corporations and agencies subject to the Government Corporation
Control Act.
Section 207 requires the Secretary to provide quarterly
reports on uncommitted, unobligated, recaptured, and excess
funds in each departmental program and activity.
Section 208 requires the Administration's budget and HUD's
budget justifications for fiscal year 2020 be submitted in the
identical account and sub-account structure provided in this
Act.
Section 209 exempts GNMA from certain requirements of the
Federal Credit Reform Act of 1990.
Section 210 authorizes HUD to transfer debt and use
agreements from an obsolete project to a viable project,
provided that no additional costs are incurred and other
conditions are met.
Section 211 sets forth requirements for Section 8 voucher
assistance eligibility, and includes consideration for persons
with disabilities.
Section 212 distributes Native American Housing Block
Grants to the same Native Alaskan recipients as in fiscal year
2005.
Section 213 instructs HUD on managing and disposing of any
multifamily property that is owned or held by HUD.
Section 214 allows PHAs that own and operate 400 or fewer
units of public housing to be exempt from asset management
requirements.
Section 215 restricts the Secretary from imposing any
requirements or guidelines relating to asset management that
restrict or limit the use of capital funds for central office
costs, up to the limit established in QHWRA.
Section 216 requires that no employee of the Department
shall be designated as an allotment holder unless the CFO
determines that such employee has received certain training.
Section 217 requires the Secretary to publish all notices
of funding availability that are competitively awarded on the
internet for fiscal year 2019.
Section 218 requires attorney fees for programmatic
litigation to be paid from the individual program office and
Office of General Counsel salaries and expenses appropriations,
and requires the Department to submit a spend plan to the House
and Senate Committees on Appropriations.
Section 219 allows the Secretary to transfer up to 10
percent of funds or $5,000,000, whichever is less, appropriated
under the headings `Administrative Support Offices' or `Program
Office Salaries and Expenses' to any other office funded under
such headings.
Section 220 requires HUD to take certain actions against
owners receiving rental subsidies that do not maintain safe
properties.
Section 221 places a salary and bonus limit on public
housing agency officials and employees.
Section 222 requires the Secretary to notify the House and
Senate Committees on Appropriations at least 3 full business
days before grant awards are announced.
Section 223 prohibits funds to be used to require or
enforce the Physical Needs Assessment (PNA).
Section 224 prohibits funds for HUD financing of mortgages
for properties that have been subject to eminent domain.
Section 225 prohibits the use of funds to terminate the
status of a unit of general local government as a metropolitan
city with respect to grants under section 106 of the Housing
and Community Development Act of 1974.
Section 226 allows funding for research, evaluation, and
statistical purposes that is unexpended at the time of
completion of the contract, grant, or cooperative agreement to
be reobligated for additional research.
Section 227 authorizes the Secretary on a limited basis to
use funds available under the `Homeless Assistance Grants'
heading to participate in the multiagency Performance
Partnership Pilots program.
Section 228 allows program income as an eligible match for
2016, 2017, 2018, and 2019 Continuum of Care funds.
Section 229 permits HUD to provide one year transition
grants under the continuum of care program with no more than 50
percent of the grant provided for costs of eligible activities
of the program component originally funded.
Section 230 prohibits the use of funds to direct a grantee
to undertake specific changes to existing zoning laws as part
of carrying out the final rule entitled, ``Affirmatively
Furthering Fair Housing'' or the notice entitled,
``Affirmatively Further Fair Housing Assessment Tool''.
Section 231 establishes the HUD HAG fund, specifies
authorized uses and specifies conditions for transfers into the
fund.
Section 232 maintains current Promise Zone designations and
agreements.
Section 233 prohibits funds from being used to establish
review criteria, including rating factors or preference points,
for competitive grants programs for EnVision Center
participation or coordination.
Section 234 prohibits funds from being used to implement,
administer, enforce, or in any way make effective the proposed
rule entitled ``Housing and Community Development Act of 1980:
Verification of Eligible Status'', issued by the Department on
May 10, 2019 (Docket No. FR-6124-P-01), or any final rule based
substantively on such proposed rule.
Section 235 requires the Department to make data for
broadband and resiliency requirements to be incorporated into
Consolidated Plans available to grantees not later than 90 days
after enactment of this Act and requires grantees to
incorporate broadband and resiliency components into their
Consolidated Plans not later than 270 days from enactment of
this Act.
Section 236 prohibits the use of funds to repeal or revise
the ``Equal Access in Accordance With an Individual's Gender
Identity in Community Planning and Development Programs'' (81
Fed. Reg. 64763) or the ``Equal Access to Housing in HUD
Programs Regardless of Sexual Orientation or Gender Identity''
(77 Fed. Reg. 5662) rules.
Section 237 gives the HUD notice entitled ``Appropriate
Placement for Transgender Persons in Single-Sex Emergency
Shelters and Other Facilities'' (Notice CPD-15-02) the force
and effect of law.
Section 238 prohibits the Secretary, in this fiscal year or
any fiscal year thereafter, to implement, require, enforce, or
otherwise make effective any change, amendment, or alteration
to any term or condition of the Annual Contributions Contract
between the Secretary and any public housing agency, as such
contract was in effect as of January 1, 2018, unless such
change, amendment, or alteration is made pursuant to a rule
issued after notice and an opportunity for public comment and
in accordance with the procedure under section 553 of title 5,
United States Code.
TITLE III--RELATED AGENCIES
Language is included for the Access Board, `Salaries and
Expenses' that limits funds for necessary expenses and allows
for the credit to the appropriation of funds received for
publications and training expenses.
Language is included for the Federal Maritime Commission,
`Salaries and Expenses' that provides funds for services
authorized by 5 U.S.C. 3109, the hire of passenger motor
vehicles, uniforms and allowances; and limits funds for
official reception and representation expenses.
Language is included for the National Railroad Passenger
Corporation, Office of Inspector General (OIG), `Salaries and
Expenses' which provides funds for an independent, objective
unit responsible for detecting and preventing fraud, waste,
abuse, and violations of law. Language allows the OIG to enter
into contracts; allows the OIG to select, appoint, or employ
officers and employees to carry out its functions; and requires
the OIG to submit its budget request concurrently with the
President's budget and in a similar format.
Language is included under National Transportation Safety
Board, `Salaries and Expenses' that provides funds for hire of
passenger motor vehicles and aircraft, services authorized by 5
U.S.C. 3109, uniforms or allowances therefore, limits funds for
official reception and representation expenses and allows funds
to be used to pay for costs associated with a capital lease.
Language is included in the Neighborhood Reinvestment
Corporation (NRC), `Payment to the Neighborhood Reinvestment
Corporation' that specifies the allocation of funds.
Language is included under Surface Transportation Board,
`Salaries and Expenses' which provides funds, allows the
collection of a specified level of fees established by the
Chairman of the Surface Transportation Board, and provides that
the sum appropriated from the general fund of the Treasury
shall be reduced on a dollar-for-dollar basis as such fees are
received.
Language is included under the United States Interagency
Council on Homelessness, `Operating Expenses' that provides
funds to carry out functions pursuant to title II of the
McKinney-Vento Homeless Assistance Act.
TITLE IV--GENERAL PROVISIONS, THIS ACT
Section 401 prohibits the use of funds for the planning or
execution of any program to pay the expenses of, or otherwise
compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings.
Section 402 prohibits the obligation of funds beyond the
current fiscal year and the transfer of funds to other
appropriations, unless expressly provided.
Section 403 limits consulting service expenditures through
procurement contracts to those contracts contained in the
public record, except where otherwise provided under existing
law.
Section 404 prohibits funds from being used for certain
types of employee training.
Section 405 specifies requirements for the reprogramming of
funds and requires agencies to submit a report in order to
establish the baseline for the application of reprogramming and
transfer authorities.
Section 406 provides that not to exceed fifty percent of
unobligated balances for salaries and expenses may remain
available until September 30, 2020, for each account for the
purposes authorized, subject to the approval of the House and
Senate Committees on Appropriations.
Section 407 prohibits the use of funds for any project that
seeks to use the power of eminent domain, unless eminent domain
is employed only for a public use.
Section 408 prohibits funds from being transferred to any
department, agency, or instrumentality of the U.S. Government,
except where transfer authority is provided in this or any
other appropriations Act.
Section 409 prohibits funds from being used to permanently
replace an employee intent on returning to his or her past
occupation following completion of military service.
Section 410 prohibits funds from being used by an entity
unless the expenditure is in compliance with the Buy American
Act.
Section 411 prohibits funds from being made available to
any person or entity that has been convicted of violating the
Buy American Act.
Section 412 prohibits funds from being used for first-class
airline accommodations in contravention of sections 301-10.122
and 301-10.123 of title 41 CFR.
Section 413 prohibits funds from being used for the
approval of a new foreign air carrier permit or exemption
application if that approval would contravene United States law
or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
Section 414 restricts the number of employees that agencies
may send to international conferences unless such attendance is
important to the national interest.
Section 415 caps the amount of fees the Surface
Transportation Board can charge or collect for rate or practice
complaints filed at the amount authorized for district court
civil suit filing fees.
Section 416 prohibits the use of funds to purchase or lease
new light-duty vehicles for any executive fleet, except in
accordance with Presidential Memorandum-Federal Fleet
Performance, dated May 24, 2011.
Section 417 prohibits funds from being used to maintain or
establish computer networks unless such networks block the
viewing, downloading, or exchange of pornography.
Section 418 prohibits funds from being used to deny an
Inspector General timely access to any records, documents, or
other materials available to the department or agency over
which that Inspector General has responsibilities, or to
prevent or impede that Inspector General's access to such
records, documents, or other materials.
Section 419 prohibits funds from being used to pay award or
incentive payments to contractors who fail to meet certain
requirements.
APPROPRIATIONS NOT AUTHORIZED BY LAW
Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of
the House of Representatives, the following table lists the
appropriations in the accompanying bill which are not
authorized by law for the period concerned:
APPROPRIATIONS NOT AUTHORIZED BY LAW AND EXPIRING AUTHORIZATIONS
[Dollars in Thousands]
----------------------------------------------------------------------------------------------------------------
Appropriations
Last year of Authorization in last year Appropriations
Program authorization level of in this bill
authorization
----------------------------------------------------------------------------------------------------------------
Title I--Department of Transportation
Office of the Secretary:
National Infrastructure Investments........ N/A not applicable not applicable $1,000,000
Payments to Air Carriers................... 2018 $150,000 $155,000 $175,000
Section 106................................ N/A not applicable not applicable $10,000
Federal Highway Administration:
Highway Infrastructure Grants.............. N/A not applicable not applicable 1,750,000
Federal Railroad Administration:
Safety and Operations...................... 2013 293,000 169,254 226,698
Magnetic Levitation Technology Development 2009 45,000 not applicable 10,000
Program...................................
Federal Transit Administration:
Transit Infrastructure Grants.............. N/A not applicable not applicable 750,000
Pipeline and Hazardous Materials Safety
Administration:
Operational Expenses....................... 2019 23,000 23,710 23,710
Pipeline Safety
Pipeline Safety Fund................... 2019 134,000 134,000 137,000
Oil Spill Liability Trust Fund......... 2019 23,000 23,000 23,000
Underground Natural Gas Storage 2019 8,000 8,000 8,000
Facility Safety Account...............
Title II--Department of Housing and Urban Development
Management and Administration 1994 $1,029,496 $916,963 $1,385,432
Rental Assistance:
Section 8 Voucher Renewals and 1994 8,446,173 5,458,106 23,810,000
Administrative Expenses...................
Public Housing Capital Fund................ 2003 3,000,000 2,712,555 2,855,057
Public Housing Operating Fund.............. 2003 2,900,000 3,576,600 4,753,116
Native American Housing Block Grants 2013 Such sums as 616,001 780,000
necessary
Indian Housing Loan Guarantee Fund 2014 50,000 1,000 2,500
Native Hawaiian Housing Block Grant 2005 Such sums as not applicable 2,500
necessary
Housing Opportunity for Persons with AIDS 1994 156,300 156,000 410,000
Community Development Fund\1\ 1994 4,168,000 4,877,389 3,675,000
Community Development Loan Guarantee Limitation 1994 not applicable not applicable [300,000]
Home Investment Partnerships Program 1994 2,173,612 1,275,000 1,750,000
Choice Neighborhoods Initiatives N/A not applicable not applicable 300,000
Self-Help Homeownership Opportunity Program 2001 Such sums as 48,000 55,000
necessary
Homeless Assistance 2011 Such sums as 1,901,190 2,546,000
necessary
Housing for the Elderly 2003 Such sums as 783,286 803,000
necessary
Housing for Persons with Disabilities 2015 300,000 135,000 258,510
FHA General and Special Risk Program Account:
Limitations on Guaranteed Loans............ 1995 Such sums as [20,885,072] [30,000,000]
necessary
Limitation on Direct Loans................. 1995 Such sums as [220,000] [1,000]
necessary
GNMA Mortgage Backed Securities Loan Guarantee
Program Account:
Limitations on Guaranteed Loans............ 1996 [110,000,000] [110,000,000] [550,000,000]
Administrative Expenses.................... 1996 Such sums as 9,101 24,400
necessary
Policy Development and Research 1994 36,470 35,000 98,000
Fair Housing Activities, Fair Housing Program 1994 26,000 20,481 75,300
Lead Hazard Reduction Program 1994 250,000 150,000 290,000
Title III--Related Agencies
Neighborhood Reinvestment Corporation.......... 1994 30,714 31,715 170,000
----------------------------------------------------------------------------------------------------------------
\1\Reflects amounts associated with Indian Community Development Block Grants appropriated within the Native
American Programs account.
PROGRAM DUPLICATIONS
Pursuant to clause 3(c)(5) of rule XIII of the Rules of the
House of Representatives, no provision of this bill establishes
or reauthorizes a program of the Federal Government known to be
duplicative of another Federal program, a program that was
included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-
139, or a program related to a program identified in the most
recent Catalog of Federal Domestic Assistance.
COMPARISON WITH BUDGET RESOLUTION
Section 308(a)(1)(A) of the Congressional Budget Act of
1974 (P.L. 93-344), as amended, requires the report
accompanying a bill providing new budget authority to contain a
statement comparing the levels in the bill to the
suballocations submitted under section 302(b) of the Act for
the most recently agreed to concurrent resolution on the budget
for the applicable fiscal year.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
302(b) Allocation This Bill
------------------------------------------------------------------
Budget Budget
Authority Outlays Authority Outlays
----------------------------------------------------------------------------------------------------------------
Comparison of amounts in the bill with
Committee allocations to its subcommittees:
Subcommittee on Transportation, and Housing
and Urban Development, and Related Agencies
Discretionary............................ 75,771 133,300 75,771 \1\133,149
Mandatory................................ 0 0 0 \1\0
----------------------------------------------------------------------------------------------------------------
\1\Includes outlays from prior-year budget authority.
Note.--The amounts in this report do not include $878,000,000 in discretionary outlays from funding provided by
the Additional Supplemental Appropriations for Disaster Relief Act, 2019, that was designated as being for
emergency requirements pursuant to section 251 of the Balanced Budget Balanced Budget and Emergency Deficit
Control Act of 1985. Consistent with the Congressional Budget Act of 1974, in the House of Representatives
such amounts do not count against the Committee's allocation.
FIVE-YEAR OUTLAY PROJECTIONS
In compliance with section 308(a)(1)(B) of the
Congressional Budget Act of 1974 (P.L. 93-344), as amended, the
following table contains five-year projections associated with
the budget authority provided in the accompanying bill.
[In millions of dollars]
----------------------------------------------------------------------------------------------------------------
Outlays
----------------------------------------------------------------------------------------------------------------
Projection of outlays associated with the
recommendation:
2020........................................ .............. .............. .............. \1\49,580
2021........................................ .............. .............. .............. 40,803
2022........................................ .............. .............. .............. 17,797
2023........................................ .............. .............. .............. 8,745
2024 and future years....................... .............. .............. .............. 13,224
----------------------------------------------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
FINANCIAL ASSISTANCE TO STATE AND LOCAL GOVERNMENTS
In accordance with section 308(a)(1)(C) of the
Congressional Budget Act of 1974 (P.L. 93-344), as amended, the
Congressional Budget Office has provided the following
estimates of new budget authority and outlays provided by the
accompanying bill for financial assistance to State and local
governments.
[In millions of dollars]
------------------------------------------------------------------------
Budget
Authority Outlays
------------------------------------------------------------------------
Financial assistance to State and local 41,136 \1\35,098
governments for 2020...................
------------------------------------------------------------------------
\1\Excludes outlays from prior-year budget authority.
COMMITTEE HEARINGS
In compliance with Sec. 103(i) of H. Res. 6 (116th
Congress) the following hearings were used to develop the
fiscal year 2020 Transportation, Housing and Urban Development,
and Related Agencies Appropriations Bill:
------------------------------------------------------------------------
Date Title of Hearing Witnesses
------------------------------------------------------------------------
Feb. 12, 2019................... Oversight Hearing: Mr. Brian
The Department of Montgomery,
Housing and Urban Acting Deputy
Development's Secretary, FHA
Management of Commissioner and
Housing Contracts Assistant
During the Secretary for
Shutdown. Housing,
Department of
Housing and Urban
Development; Mr.
Irv Dennis, Chief
Financial
Officer,
Department of
Housing and Urban
Development.
Feb. 27, 2019................... Stakeholder Ms. Claudia L.
Perspectives: Aranda, Senior
Fair Housing.. Research
Associate,
Director of Field
Operations, Urban
Institute; Mrs.
Keenya Robertson,
President & CEO,
Housing
Opportunities
Project for
Excellence, Inc.
March 7, 2019................... Stakeholder Mr. Scott Farmer,
Perspectives: Executive
Affordable Director, North
Housing Carolina Housing
Production. Finance Agency;
Ms. Ellen Lurie
Hoffman, Federal
Policy Director,
National Housing
Trust; Mr.
Anthony Scott,
Chief Executive
Officer, Durham
Housing
Authority.
March 12, 2019.................. Stakeholder Mr. Stephen
Perspectives: Gardner, Senior
Passenger Rail Executive Vice
Development. President,
Commercial,
Marketing and
Strategy, Amtrak;
Mr. Jason
Orthner, Rail
Division
Director, North
Carolina
Department of
Transportation;
Mr. DJ Mitchell,
Assistant Vice
President,
Passenger
Operations, BNSF
Railway.
March 13, 2019.................. Stakeholder Carol Haddock,
Perspectives: Director, Houston
Building Public Works;
Resilient Laura Lightbody,
Communities. Project Director,
Flood-Prepared
Communities, Pew
Charitable
Trusts; Franklin
Moon, Professor,
Civil and
Environmental
Engineering,
Rutgers
University;
Jennifer Raitt,
Director of
Planning and
Community
Development, Town
of Arlington, MA.
March 26, 2019.................. Member Day Hearing The Honorable
Peter J.
Visclosky (IN01);
The Honorable Tom
Malinowski
(NJ07); The
Honorable Max
Rose (NY11); The
Honorable Steve
C. Watkins Jr.
(KS02); The
Honorable Gilbert
Ray Cisneros Jr.
(CA39); The
Honorable Adriano
Espaillat (NY13);
The Honorable
Jefferson Van
Drew (NJ02); The
Honorable Sheila
Jackson Lee
(TX18).
April 3, 2019................... Department of The Honorable
Housing and Urban Benjamin S.
Development Carson,
Budget Request Secretary,
for Fiscal Year Department of
2020. Housing and Urban
Development.
April 10, 2019.................. Department of The Honorable
Transportation Elaine L. Chao,
Budget Request Secretary,
for Fiscal Year Department of
2020. Transportation.
------------------------------------------------------------------------
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
MINORITY VIEWS
We appreciate that the Transportation, Housing and Urban
Development, and Related Agencies bill supports several
programs and policies that are priorities for Members on both
sides of the aisle. In addition, we commend the majority for
continuing to work in a collaborative manner on a wide range of
initiatives in this bill. This spirit of cooperation will
enable the Committee to continue to improve this bill as it
moves through the legislative process.
We are pleased that the majority has included funding for
several programs to improve our nation's transportation
infrastructure. These investments will help facilitate the
movement of American goods, both domestically and
internationally, and will improve the safety of the traveling
public.
We commend the majority for including funding for grant
programs that will directly benefit states and local
communities, including significant funding for Better Utilizing
Investment to Leverage Development (BUILD), airport, highway,
rail, and transit grants. We are particularly pleased that the
majority included funding for port infrastructure and marine
highways, which will facilitate transport of cargo domestically
and internationally.
The bill includes a provision exempting agriculture haulers
from electronic logging device requirements. This common-sense
regulatory relief will create benefits across multiple sectors
of the agricultural economy.
We appreciate that the bill allocates funds to ensure that
vulnerable citizens continue to have opportunities for safe,
affordable housing. In particular, we are pleased that the bill
includes funding for the mobility voucher program, which helps
families move to neighborhoods with greater economic and
educational opportunities, as well as funding for vouchers for
persons with disabilities.
We object to the inclusion of provisions that prohibit the
Department of Transportation from establishing uniform rules
for commercial motor vehicles (Section 133); require the
Department of Transportation to publish flawed Compliance,
Safety, Accountability data on motor carrier enforcement
(Section 134); and prevent the Department of Transportation
from providing targeted relief to commercial motor vehicle
hours of service requirements (Section 135).
We also oppose the inclusion of a prohibition that prevents
the Department of Transportation from finalizing or enforcing
the Safer Affordable Fuel-Efficient Vehicles Rule or any
successor rule. This would leave in place a rule that would
drive up costs for consumers and compromise public safety.
We have serious concerns about a provision that would limit
the Department of Transportation's ability to recover and
reallocate funds from the California High Speed Rail Authority,
even though the grantee has failed to meet the terms of its
grant agreement (Section 192).
Our primary concern, however, is that this bill has been
written with an unrealistic allocation and without a budget
agreement that sets responsible caps for fiscal year 2020
discretionary spending. The bill's allocation is nearly seven
percent above the fiscal year 2019 enacted level. This is an
irresponsible and unsustainable spending increase. We look
forward to working with the majority to modify this bill once a
responsible top line budget agreement is enacted for fiscal
year 2020.
Kay Granger.
Mario Diaz-Balart.
[all]