20–238 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–606 

DEPARTMENTS OF TRANSPORTATION, AND HOUSING AND 

URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS BILL, 2017 

JUNE 7, 2016.—Committed to the Committee of the Whole House on the State of 

the Union and ordered to be printed 

Mr. DIAZ-BALART, from the Committee on Appropriations, 

submitted the following 

R E P O R T 

together with 

MINORITY VIEWS 

[To accompany H.R. 5394] 

The Committee on Appropriations submits the following report in 

explanation of the accompanying bill making appropriations for the 

Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 

2017. 

INDEX TO BILL AND REPORT 

Page number 

Bill Report 

Title I—Department of Transportation .................................................... 2 5 

Title II—Department of Housing and Urban Development ................... 68 64 

Title III—Related Agencies ....................................................................... 146 100 

Title IV—General Provisions .................................................................... 150 105 

PROGRAM, PROJECT, AND ACTIVITY 

During fiscal year 2017, 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 apVerDate Sep 11 2014 06:41 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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propriations) and accompanying reports of the House and Senate 

Committees on Appropriations, or accompanying conference reports 

and joint explanatory statements of the committee of conference. 

This definition shall apply to all programs for which new budget 

(obligational) authority is provided, as well as to discretionary 

grants and discretionary grant allocations made through either bill 

or report language. In addition, the percentage reductions made 

pursuant to a sequestration order to funds appropriated for facilities and equipment, Federal Aviation Administration, shall be applied equally to each budget item that is listed under said account 

in the budget justifications submitted to the House and Senate 

Committees on Appropriations as modified by subsequent appropriations acts and accompanying committee reports, conference reports, or joint explanatory statements of the committee of conference. 

The Committee expects that the operating plans will address 

each number listed in the reports, and warns that efforts to operate 

programs at levels contrary to the levels recommended and directed 

in these reports would not be advised. 

OPERATING PLANS AND REPROGRAMMING GUIDELINES 

The Committee includes a provision (Sec. 405) establishing the 

authority by which funding available to the agencies funded by this 

act may be reprogrammed for other purposes. The provision specifically requires the advance approval of the House and Senate Committees on Appropriations of any proposal to reprogram funds that: • creates a new program; • eliminates a program, project, or activity (PPA); • increases funds or personnel for any PPA for which funds 

have been denied or restricted by the Congress; • redirects funds that were directed in such reports for a 

specific activity to a different purpose; • augments an existing PPA in excess of $5,000,000 or 10 

percent, whichever is less; • reduces an existing PPA by $5,000,000 or 10 percent, 

whichever is less; or • creates, reorganizes, or restructures offices different from 

the congressional budget justifications or the table at the end 

of the Committee report, whichever is more detailed. 

The Committee retains the requirement that each agency submit 

an operating plan to the House and Senate Committees on Appropriations not later than 60 days after enactment of this Act to establish the baseline for application of reprogramming and transfer 

authorities provided in this Act. Specifically, each agency must provide a table for each appropriation with columns displaying the 

budget request; adjustments made by Congress; adjustments for rescissions, if appropriate; and the fiscal year enacted level. The table 

shall delineate the appropriation both by object class and by PPA. 

The report also must identify items of special Congressional interest. In certain instances, the Committee may direct the agency to 

submit a revised operating plan for approval or may direct changes 

to the operating plan if the plan is not consistent with the directives of the conference report and statement of the managers. 

The Committee expects the agencies and bureaus to submit reprogramming requests in a timely manner and to provide a thorVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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ough explanation of the proposed reallocations, including a detailed 

justification of increases and reductions and the specific impact of 

proposed changes on the budget request for the following fiscal 

year. Any reprogramming request shall include any out-year budgetary impacts and a separate accounting of program or mission impacts on estimated carryover funds. Reprogramming procedures 

shall apply to funds provided in this bill, unobligated balances from 

previous appropriations Acts that are available for obligation or expenditure in fiscal year 2017, and non-appropriated resources such 

as fee collections that are used to meet program requirements in 

fiscal year 2017. 

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, 2017. Further, the Committee notes that when a Department or agency submits a reprogramming or transfer request 

to the Committees on Appropriations and does not receive identical 

responses from the House and Senate, it is the responsibility of the 

Department to reconcile the House and Senate differences before 

proceeding and, if reconciliation is not possible, to consider the request to reprogram funds unapproved. 

The Committee would also like to clarify that this section applies 

to working capital funds of both HUD and DOT and that no funds 

may be obligated from working capital fund accounts to augment 

programs, projects or activities for which appropriations have been 

specifically rejected by the Congress, or to increase funds or personnel for any PPA above the amounts appropriated by this Act. 

CONGRESSIONAL BUDGET JUSTIFICATIONS 

Budget justifications are the primary tool used by the House and 

Senate Committees on Appropriations to evaluate the resource requirements and fiscal needs of agencies. The Committee is aware 

that the format and presentation of budget materials is largely left 

to the agency within presentation objectives set forth by the Office 

of Management and Budget (OMB). In fact, OMB Circular A–11, 

part 1 specifically instructs agencies to consult with congressional 

committees beforehand. The Committee expects that all agencies 

funded under this Act will heed this directive. 

The Committee expects all of the budget justifications to provide 

the data needed to make appropriate and meaningful funding decisions. The Committee continues the direction that justifications 

submitted with the fiscal year 2018 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 


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each individual office and materials that compare programs, 

projects, and activities that are proposed for fiscal year 2018 to the 

fiscal year 2017 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 2018 budget request. 


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TITLE I—DEPARTMENT OF TRANSPORTATION 

OFFICE OF THE SECRETARY

SALARIES AND EXPENSES

Appropriation, fiscal year 2016 ......................................................... $108,750,000 

Budget request, fiscal year 2017 ....................................................... 114,396,000 

Recommended in the bill ................................................................... 112,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +3,250,000 

Budget request, fiscal year 2017 ................................................... ¥2,396,000 

COMMITTEE RECOMMENDATION

The bill provides $112,000,000 for the salaries and expenses of 

the offices comprising the Office of the Secretary of Transportation 

(OST). The Committee’s recommendation is $3,250,000 above the 

2016 enacted level and $2,396,000 below the request. The Committee’s recommendation includes individual funding for each of these 

offices as has been done in prior years. The following table (dollars 

in thousands) compares the fiscal year 2016 enacted level to the fiscal year 2017 budget request and the Committee’s recommendation 

by office. The Committee strongly urges the Department to manage 

hiring and attrition in 2016 to meet these levels for 2017. Reductions are also encouraged in the areas of travel and contracts. 

2016 enacted 2017 request 2017 House Bill 

Office of the Secretary .......................................................................... $2,734 $2,758 $2,758 

Deputy Secretary ................................................................................... 1,025 1,040 1,040 

Executive Secretariat ............................................................................ 1,737 1,760 1,760 

Under Secretary for Transportation Policy ............................................ 9,941 11,108 10,033 

Small and Disadvantaged Business Utilization ................................... 1,434 – – – – – – 

Intelligence and Security and Emergency Response ............................ 10,793 11,089 11,089 

Chief Information Officer ...................................................................... 16,280 17,084 16,485 

General Counsel .................................................................................... 20,609 20,772 20,772 

Assistant Secretary for Government Affairs ......................................... 2,546 2,569 2,546 

Assistant Secretary for Budget and Programs ..................................... 13,697 14,020 14,019 

Assistant Secretary for Administration ................................................. 25,925 30,054 29,356 

Public Affairs ........................................................................................ 2,029 2,142 2,142 

Total: Salaries and Expenses .................................................. 108,750 114,396 112,000 

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. 


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Executive Secretariat.—The Executive Secretariat assists the Secretary and Deputy Secretary in carrying out their responsibilities 

by controlling and coordinating internal and external documents. 

Office of Small and Disadvantaged Business Utilization.—The 

budget request proposed merging the Office of Small and Disadvantaged Business Utilization with the appropriation for Minority 

Business Outreach to create one office addressing the needs of 

these stakeholders. The Committee’s recommendation reflects this 

reorganization and funds are provided under the header ‘‘Small 

and Disadvantaged Business Utilization and Outreach.’’ 

Office of the Chief Information Officer.—The Office of the Chief 

Information Officer serves as the principal advisor to the Secretary 

on information resources and information systems management. 

Office of the Assistant Secretary for Governmental Affairs.—The 

Office of the Assistant Secretary for Governmental Affairs is responsible for coordinating all Congressional, intergovernmental, 

and consumer activities of the Department. 

The bill continues a provision (Sec. 185) that requires the Department to notify the Committees on Appropriations no fewer 

than three business days before any discretionary grant award, letter of intent, loan, loan guarantee, line of credit commitment or full 

funding grant agreement totaling $1,000,000 or more is announced 

by the Department or its modal administrations from: (1) the Federal Highway Administration; (2) the airport improvement program 

of the Federal Aviation Administration; (3) the Federal Railroad 

Administration; (4) any program of the Federal Transit Administration other than the formula grants; (5) the Maritime Administration; and (6) any grant funded with the National Infrastructure 

Investments account. Such notification shall include the date on 

which the official announcement of the grant is to be made and no 

such announcement shall involve funds that are not available for 

obligation. The habit adopted by this Administration of selecting 

only certain congressional offices to receive the benefit of a four day 

advance notice is disingenuous and contrary to the spirit of the provision, which was created to give all offices an equal notice for any 

award. 

Office of the General Counsel.—The Office of the General Counsel 

provides legal services to the Office of the Secretary and coordinates and reviews the legal work of the chief counsels’ offices of the 

operating administrations. 

Office of the Assistant Secretary for Budget and Programs.—The 

Assistant Secretary for Budget and Programs is responsible for developing, reviewing, and presenting budget resource requirements 

for the Department to the Secretary, Congress, and the Office of 

Management and Budget. 

Office of the Assistant Secretary for Administration.—The Office 

of the Assistant Secretary for Administration serves as the principal advisor to the Secretary on department-wide administrative 

matters and the responsibilities include leadership in acquisition 

reform and human capital. 

Office of Public Affairs.—The Office of Public Affairs is responsible for the Department’s press releases, articles, briefing materials, publications, and audio-visual materials. 


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Office of Intelligence, Security, and Emergency Response.—The 

Office of Intelligence, Security, and Emergency Response is responsible for intelligence, security policy, preparedness, training and exercises, national security, and operations. 

Office of the Under Secretary of Transportation for Policy.—The 

Office of the Under Secretary of Transportation for Policy serves as 

the Department’s chief policy officer, and is responsible for the coordination and development of departmental policy and legislative 

initiatives; international standards development and harmonization; aviation and other transportation-related trade negotiations; the performance of policy and economic analysis; and the 

execution of the Essential Air Service program. 

Operating plan.—The Committee directs the Department to submit an operating plan for fiscal year 2017 signed by the Secretary 

for review by the Committees on Appropriations within 60 days of 

the bill’s enactment. The operating plan should include funding levels for the various offices, programs, and initiatives detailed down 

to the object class or program element covered in the budget justification and supporting documents, documents referenced in the 

House and Senate reports, and the statement of the managers (i.e. 

not simply the activities called out in bill language). Should the Department create, alter, discontinue, or otherwise change any program as described in the Department’s budget justification, those 

changes must be a part of the Department’s operating plan. 

Finally, the Department shall submit with the operating plan a 

summary of the DOT reporting requirements contained in the Act, 

the House and Senate reports, and the statement of the managers. 

The Committee requests a number of reports to gather information 

and conduct oversight. The summary should include Inspector General and Government Accountability Office reports as well. 

Non-motorized traffic fatalities.—Increasing traffic fatalities 

among non-motorized road users continues to be a problem in 

many areas. Select states have benefited from targeted technical 

assistance and training workshops aimed at updating their standards and practices to meet the needs of all road users, particularly 

non-motorized users. The Secretary, through its Safer People, Safer 

Streets initiative, is encouraged to conduct rigorous outreach to 

states and Metropolitan Planning Organizations (MPOs) regarding 

the availability of such training, with particular focus on states and 

MPOs with high rates of non-motorized road user fatalities, and 

ensure that such training is provided, to the maximum extent practicable. 

Accessibility performance measures.—The Secretary of Transportation, in coordination with the Federal Highway Administration 

and the Federal Transit Administration, is encouraged to establish 

an accessibility performance measure to be available to states, metropolitan planning organizations, and transit agencies to assess the 

degree to which the transportation system, including public transportation, provides multimodal connections to economic opportunities, including job concentration areas, health care services, child 

care services, and education and workforce training services, particularly for disadvantaged populations. 

General provisions.—The Committee renews its direction to justify each general provision proposed either in its relevant modal 


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congressional justification or in the OST congressional justification. 

If the budget proposes to drop or delete a general provision, the Department is directed to explain the change as well. 

Bill language.—The bill continues language that permits up to $2,500,000 of fees to be credited to the Office of the Secretary for 

salaries and expenses, limits reception and representation expenses 

to $60,000, and allows for a transfer of up to five percent between 

offices. 

RESEARCH AND TECHNOLOGY

Appropriation, fiscal year 2016 ......................................................... $13,000,000 

Budget request, fiscal year 2017 ....................................................... 18,007,000 

Recommended in the bill ................................................................... 13,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥5,007,000 

The Office of the Assistant Secretary for Research and Technology coordinates, facilitates, and reviews the Department’s research and development programs and activities; coordinating and 

developing positioning, navigation and timing (PNT) technology; 

maintaining PNT policy, coordination and spectrum management; 

managing the Nationwide Differential Global Positioning System; 

and overseeing and providing direction to the Bureau of Transportation Statistics, the Intelligent Transportation Systems Joint Program Office, the University Transportation Centers program, the 

Volpe National Transportation Systems Center and the Transportation Safety Institute. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $13,000,000 for research and technology activities, $5,007,000 below the budget request and the same level as fiscal year 2016. The recommendation 

does not include funds above the baseline account level for civil signal monitoring. 

NATIONAL INFRASTRUCTURE INVESTMENTS

Appropriation, fiscal year 2016 ......................................................... $500,000,000 

Budget request, fiscal year 2017 ....................................................... 1,250,000,000 

Recommended in the bill ................................................................... 450,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥50,000,000 

Budget request, fiscal year 2017 ................................................... ¥800,000,000 

The National Infrastructure Investment program (also known as 

TIGER grants) was created in the American Recovery and Reinvestment Act to provide grants to state and local governments to 

improve the Nation’s transportation infrastructure. The infrastructure investment program awards funds on a competitive basis to 

grantees selected because of the significant impact they will have 

on the Nation, a metropolitan area, or region. 

COMMITTEE RECOMMENDATION

The Committee recommends $450,000,000 for National Infrastructure Investment grants, $50,000,000 below the 2016 level and 

$800,000,000 below the request. Funds are discretionary from the 


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general fund of the Treasury and available until September 30, 

2019. 

The Committee provides funds for highway and bridge projects, 

transit projects, freight rail projects, and port infrastructure investments, including land ports of entry—the most critical areas to preserving, expanding, and improving our Nation’s transportation infrastructure. The bill retains language directing an equitable distribution of funds and stipulates that not less than 20 percent of 

the funds shall be for projects in rural areas. Further, not more 

than 20 percent of the funds may be awarded to projects in a single 

state. Up to 20 percent of the funds may be used for the subsidy 

and administrative costs of projects eligible for Transportation Infrastructure Finance and Innovation Act assistance. Bill language 

is included to limit grants to a minimum of $5,000,000 and a maximum of $100,000,000 in urban areas, and a minimum of 

$1,000,000 in rural areas. The federal share for projects funded 

under this header is limited to 80 percent of the project cost in 

urban areas, and may exceed 80 percent in rural areas. The Secretary is directed to give priority to projects that require a federal 

contribution to complete overall financing. All projects must comply 

with subchapter IV of chapter 31 of title 40, United States Code. 

Further, the Secretary may utilize up to $20,000,000 of the funds 

available to fund the oversight and administrative requirements in 

the various modes. 

High growth areas are challenged by the high costs of infrastructure to support the growing economy, and often these areas must 

provide a local funding match that exceeds the federal requirement 

in order to complete transportation projects. The Committee strongly encourages the Department to take into consideration population 

growth, as well as the expanded port and waterways coming into 

operation in 2016 and beyond, and the matching funds when evaluating the impact and merit of the TIGER grant applications. 

NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE

BUREAU

Appropriation, fiscal year 2016 ......................................................... – – – 

Budget request, fiscal year 2017 ....................................................... $3,000,000 

Recommended in the bill ................................................................... 3,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +3,000,000 

Budget request, fiscal year 2017 ................................................... – – – 

The National Surface Transportation and Innovative Finance Bureau will administer and coordinate or consolidate aspects of the 

U.S. Department of Transportation’s existing surface transportation innovative finance programs as authorized in section 9001 of 

the Fixing America’s Surface Transportation (FAST) Act. 

COMMITTEE RECOMMENDATION

The Committee recommendation includes $3,000,000 for the first 

year of the newly authorized National Surface Transportation and 

Innovative Finance Bureau, the same as the request. 


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FINANCIAL MANAGEMENT CAPITAL

Appropriation, fiscal year 2016 ......................................................... $5,000,000 

Budget request, fiscal year 2017 ....................................................... 4,000,000 

Recommended in the bill ................................................................... 4,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥1,000,000 

Budget request, fiscal year 2017 ................................................... – – – 

The financial management capital program continues funding beyond the deployment of DOT’s multi-year project to upgrade DOT’s 

financial systems, processes and reporting capabilities. 

COMMITTEE RECOMMENDATION

The Committee recommends the budget request of $4,000,000 to 

complete the Department’s financial management upgrade initiative, $1,000,000 below the prior year’s funding level. This is the 

last year the Committee will provide funding for this initiative. 

CYBER SECURITY INITIATIVE

Appropriation, fiscal year 2016 ......................................................... $8,000,000 

Budget request, fiscal year 2017 ....................................................... 15,000,000 

Recommended in the bill ................................................................... 15,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +7,000,000 

Budget request, fiscal year 2017 ................................................... – – – 

The cyber security initiative is an effort to close performance 

gaps in the Department’s cybersecurity. The initiative includes support for essential program enhancements, infrastructure improvements and contractual resources to enhance the security of the Department’s computer network and reduce the risk of security 

breaches. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides $15,000,000 to support the Secretary’s cyber security initiative, which is $7,000,000 above 

the fiscal year 2016 enacted level and the same as the budget request. 

DATA ACT COMPLIANCE

Appropriation, fiscal year 2016 ......................................................... – – – 

Budget request, fiscal year 2017 ....................................................... $4,000,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥4,000,000 

The Digital Accountability and Transparency Act (DATA Act) 

(P.L. 113–101) created another set of requirements for agencies to 

report financial data. 

COMMITTEE RECOMMENDATION

The Committee recommendation does not include specific funds 

for DATA Act activities. The Department requested $4,000,000. 

The Committee encourages the Department to refine existing reporting and financial statement capabilities to meet DATA Act 

goals without expending significant amounts of resources. 


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U.S. DIGITAL SERVICES

Appropriation, fiscal year 2016 ......................................................... – – – 

Budget request, fiscal year 2017 ....................................................... $1,000,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥1,000,000 

The U.S digital services team is requested to provide private sector best practices in the disciplines of design, software engineering, 

and product management to DOT’s most important services in consultation with DOT’s Chief Information Officer. 

COMMITTEE RECOMMENDATION

The Committee recommendation does not include funds for the 

creation of this new office. 

OFFICE OF CIVIL RIGHTS

Appropriation, fiscal year 2016 ......................................................... $9,678,000 

Budget request, fiscal year 2017 ....................................................... 9,751,000 

Recommended in the bill ................................................................... 9,751,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +73,000 

Budget request, fiscal year 2017 ................................................... – – – 

The Office of Civil Rights is responsible for advising the Secretary on civil rights and equal opportunity issues, and ensuring 

the full implementation of the civil rights laws and departmental 

civil rights policies in all official actions and programs. This office 

is responsible for enforcing laws and regulations that prohibit discrimination in federally operated and federally assisted transportation programs and enabling access to transportation providers. 

The Office of Civil Rights also handles all civil rights cases affecting Department of Transportation employees. 

COMMITTEE RECOMMENDATION

The Committee recommends $9,751,000 for the Office of Civil 

Rights, the same as the budget request and $73,000 more than the 

fiscal year 2016 funding level. 

TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

Appropriation, fiscal year 2016 ......................................................... $8,500,000 

Budget request, fiscal year 2017 ....................................................... 17,043,000 

Recommended in the bill ................................................................... 12,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +3,500,000 

Budget request, fiscal year 2017 ................................................... ¥5,043,000 

This appropriation finances research activities and studies related to the planning, analysis, and information development used 

in the formulation of national transportation policies and plans. It 

also finances the staff necessary to conduct these efforts. The overall program is carried out primarily through contracts with other 

federal agencies, educational institutions, nonprofit research organizations, and private firms. 


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COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $12,000,000 for 

transportation planning, research, and development, which is 

$3,500,000 above the fiscal year 2016 enacted level and $5,043,000 

below the budget request. 

Of the funds provided, the recommendation includes approxi- mately $7,000,000 for salaries and expenses, and $3,000,000 to 

support the permitting dashboard. 

Open skies evaluation.—The Committee recommendation includes $229,000 as requested for international regulatory cooperation and research/airline alliance research, global carrier research, 

the international transportation forum, and a ‘‘best practices’’’ initiative for implementing open skies aviation agreements. DOT is to 

use the funds to conduct economic analyses and review competition 

and regulatory standards, plus any signed agreements, to ensure 

that U.S. airlines and consumers realize the benefits of open skies 

agreements, but that the agreements are fair, especially as they relate to low-cost airlines and other emerging international competitors. Further, the review is to examine the issues and allegations 

of whether government subsidies have resulted in market distortions. 

Human trafficking prevention training for airline personnel.— Human trafficking is often facilitated by use of commercial air 

travel, due to its speed and convenience. The Bureau of Labor Statistics reports that there are 108,510 flight attendants in the U.S. 

who, if properly trained, can help law enforcement properly identify 

suspected victims and traffickers to intercept and restrict the 

movement of these criminal networks. The Committee is concerned 

about the limited efficacy of current online training for airline personnel and encourages DOT to explore broad expert training for 

airline training staff at each major airline in the United States, 

which would include participation from trafficking survivors to help 

better understand the needs of victims. 

WORKING CAPITAL FUND

Appropriation, fiscal year 2016 ......................................................... $190,039,000 

Budget request, fiscal year 2017 ....................................................... – – – 

Recommended in the bill ................................................................... 190,389,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +350,000 

Budget request, fiscal year 2017 ................................................... +190,389,000 

The working capital fund was created to provide common administrative services to the operating administrations and outside entities that contract for the fund’s services. The working capital fund 

operates on a fee-for-service basis and receives no direct appropriations; it is fully self-sustaining and must achieve full cost recovery. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation of $190,389,000 on the 

Working Capital Fund (WCF), an increase of $350,000 over the 

limit set in 2016. The Administration did not propose a WCF legislative limitation. The Committee continues to stipulate that the 

limitation is only for services provided to the Department of Transportation, not other entities. Further, the Committee directs that, 


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as much as possible, services shall be provided on a competitive 

basis. 

MINORITY BUSINESS RESOURCE CENTER PROGRAM

Appropriation Limitation on 

guaranteed loans 

Appropriation, fiscal year 2016 ........................................................................................... $933,000 ($18,367,000) 

Budget request, fiscal year 2017 ....................................................................................... 941,000 – – – 

Recommended in the bill .................................................................................................... 941,000 (18,367,000) 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................................................... +8,000 – – – 

Budget request, fiscal year 2017 ................................................................................... – – – (+18,367,000) 

Through the short term lending program, the minority business 

resource center assists disadvantaged, minority, and women-owned 

businesses with obtaining short-term working capital for DOT and 

DOT-funded transportation-related contracts. The program enables 

qualified businesses to obtain loans at two percentage points above 

the prime interest rate with DOT guaranteeing up to 75 percent of 

the loan. 

COMMITTEE RECOMMENDATION

The Committee recommends a total of $941,000 for the resource 

center, the same as the budget request and $8,000 more than the 

2016 amounts. Of the funds provided, $339,000 is to cover the subsidy costs of guaranteed loans and $602,000 is for administrative 

expenses to carry out the guaranteed loan program. The Committee 

recommends a limitation on guaranteed loans of $18,367,000, the 

same as the limitation in fiscal year 2016. 

SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH

Appropriation, fiscal year 2016 1 ....................................................... $4,518,000 

Budget request, fiscal year 2017 ....................................................... 4,646,000 

Recommended in the bill ................................................................... 4,646,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +128,000 

Budget request, fiscal year 2017 ................................................... – – – 

1The total of the fiscal year appropriations for Small and Disadvantaged Business Utilization ($1,434,000) 

and Minority Business Outreach ($3,084,000). 

The fiscal year 2017 budget proposes to merge the salaries and 

expenses of the Office of Small and Disadvantaged Business Utilization with the minority business outreach program to provide contractual support to small and disadvantaged businesses and provide information dissemination and technical and financial assistance to empower those businesses to compete for contracting opportunities with DOT and DOT-funded contracts or grants for transportation-related projects. 

COMMITTEE RECOMMENDATION

The Committee recommends the budget request of $4,646,000 for 

small and disadvantaged business utilization and outreach, which 

is $128,000 more than the 2016 level. 

The Committee encourages the Department to partner with Hispanic-serving institutions and historically black colleges and universities for research and information dissemination with regards 

to minority owned businesses. 


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PAYMENTS TO AIR CARRIERS

(AIRPORT AND AIRWAY TRUST FUND)

Appropriation, fiscal year 2016 ......................................................... $175,000,000 

Budget request, fiscal year 2017 ....................................................... 150,000,000 

Recommended in the bill ................................................................... 150,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥25,000,000 

Budget request, fiscal year 2017 ................................................... – – – 

The Essential Air Service program (EAS) was created by the Airline Deregulation Act of 1978 as a ten-year measure to continue air 

service to communities that had received air service prior to deregulation. The program currently provides subsidies to air carriers 

serving small communities that meet certain criteria. 

The Federal Aviation Administration Reauthorization Act of 1996 

authorized the collection of ‘‘overflight fees’’. Overflight fees are a 

type of user fee collected by the Federal Aviation Administration 

(FAA) from aircraft that neither take off from, nor land in, the 

United States. The FAA Modernization and Reform Act of 2012 increased the authorized level of overflight fee collection, and increased the amount that the Department can apply to the EAS program. The budget request estimates that fee will provide 

$104,239,000 for the EAS program in fiscal year 2017. 

COMMITTEE RECOMMENDATION

For fiscal year 2017, the Committee includes $150,000,000 in dis- cretionary funding for the EAS program, which is $25,000,000 

below the fiscal year 2016 enacted level and the same as the budget request. This funding level is sufficient to continue service to all 

eligible EAS communities. 

The following table shows the discretionary, mandatory, and 

total program levels for the EAS program: 

Appropriation Mandatory Total program 

FY 2016 Enacted ........................................................................................ $175,000,000 $108,000,000 $283,000,000 

FY 2017 Request ........................................................................................ 150,000,000 104,000,000 254,000,000 

Committee Recommendation ...................................................................... 150,000,000 104,000,000 254,000,000 

The Committee remains concerned about the growing costs associated with the EAS program. While limiting the program to current sites and eliminating the requirement that EAS carriers utilize 15-passenger aircraft have helped mitigate some of the cost 

growth, the Committee believes that the Department should continue to explore reforms to the program that will create greater 

competition among carriers and control overall costs. 

The Committee directs the Department to utilize all the overflight fees collected for this program to alleviate the discretionary 

funding requirement for the program. 

ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF

TRANSPORTATION

Section 101. The Committee continues the provision prohibiting 

the Office of the Secretary of Transportation from approving assessments or reimbursable agreements pertaining to funds appropriated to the operating administrations in this Act, unless such 


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assessments or agreements have completed the normal reprogramming process for Congressional notification. 

Section 102. The Committee continues the provision allowing the 

Department to use the Working Capital Fund to provide transit 

benefits to Federal employees. 

Section 103. The Committee continues the provision regarding 

administrative requirements of DOT’s Credit Council. 

FEDERAL AVIATION ADMINISTRATION

The Federal Aviation Administration (FAA) is responsible for the 

safety and development of civil aviation and for the evolution of a 

national system of airports. The federal government’s regulatory 

role in civil aviation began with the creation of an Aeronautics 

Branch within the Department of Commerce pursuant to the Air 

Commerce Act of 1926. This Act instructed the Secretary of Commerce to foster air commerce; designate and establish airways; establish, operate, and maintain aids to navigation; arrange for research and development to improve such aids; issue airworthiness 

certificates for aircraft and major aircraft components; and investigate civil aviation accidents. In the Civil Aeronautics Act of 1938, 

these activities were subsumed into a new, independent agency 

named the Civil Aeronautics Authority. 

After further administrative reorganizations, Congress streamlined regulatory oversight in 1957 with the creation of two separate 

agencies, the Federal Aviation Agency and the Civil Aeronautics 

Board. When the Department of Transportation began its operations on April 1, 1967, the Federal Aviation Agency was renamed 

the Federal Aviation Administration (FAA), and became one of several modal administrations within the department. The Civil Aeronautics Board was later phased out with enactment of the Airline 

Deregulation Act of 1978, and ceased to exist at the end of 1984. 

FAA’s mission expanded in 1995 with the transfer of the Office of 

Commercial Space Transportation from the Office of the Secretary, 

and contracted in December 2001 with the transfer of civil aviation 

security activities to the new Transportation Security Administration. 

OPERATIONS

(AIRPORT AND AIRWAY TRUST FUND)

Appropriation, fiscal year 2016 ......................................................... $9,909,724,000 

Budget request, fiscal year 2017 ....................................................... 9,994,352,000 

Recommended in the bill ................................................................... 9,994,352,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +84,628,000 

Budget request, fiscal year 2017 ................................................... – – – 

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 


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system; (2) establishment and maintenance of a national system of 

aids to navigation; (3) establishment and surveillance of civil air 

regulations to ensure safety in aviation; (4) development of standards, rules and regulations governing the physical fitness of airmen, as well as the administration of an aviation medical research 

program; (5) administration of the acquisition, and research and 

development programs; (6) headquarters, administration, and other 

staff offices; and (7) development, printing, and distribution of aeronautical charts used by the flying public. 

COMMITTEE RECOMMENDATION

The Committee recommends $9,994,352,000 for FAA operations, which is $84,628,000 above the fiscal year 2016 enacted level and 

the same as the budget request. 

The following table shows a comparison of the fiscal year 2016 

enacted level, the budget request, and the Committee recommendation by budget activity: 

FY 2016 

enacted 

FY 2017 

request 

Committee 

recommendation 

Air traffic organization ......................................................................... 7,505,293,000 7,539,785,000 7,539,785,000 

Aviation safety ...................................................................................... 1,258,411,000 1,286,982,000 1,291,982,000 

Commercial space transportation ........................................................ 17,800,000 19,826,000 19,826,000 

Finance and management .................................................................... 760,500,000 771,342,000 770,342,000 

NextGen ................................................................................................. 60,089,000 60,155,000 60,155,000 

Security and Hazardous Materials Safety ............................................ 100,880,000 107,161,000 107,161,000 

Staff offices .......................................................................................... 206,751,000 209,101,000 205,101,000 

Total ............................................................................................. 9,909,724,000 9,994,352,000 9,994,352,000 

Justification of general provisions.—The Committee continues its 

direction to provide a justification for each general provision proposed in the FAA budget, and therefore expects the fiscal year 2018 

budget to include adequate information on each proposed general 

provision. 

TRUST FUND SHARE OF FAA BUDGET

The bill derives $9,049,000,000 of the total operations appropriation from the Airport and Airway Trust Fund. The balance of the 

appropriation, $945,352,000, will be drawn from the general fund 

of the Treasury. 

AIR TRAFFIC ORGANIZATION

The bill provides $7,539,785,000 for the air traffic organization, which is $34,492,000 above the 2016 enacted level and the same as 

the budget request. 

Contract tower program.—The Committee recommendation includes $159,000,000 for the contract tower program, including the 

contract tower cost-share program. The Committee continues to 

support the program as a safe, cost-efficient mechanism for providing air traffic services to pilots and local communities. 

Chicago O’Hare International Airport.—The Committee directs 

the FAA to continue to work expeditiously to identify appropriate 

short and long term mitigation measures to address local concerns 

that have been raised as a result of the O’Hare Modernization Program at Chicago O’Hare International Airport. The FAA is exVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00016 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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pected to provide a progress report on these measures to the Committee within 90 days of enactment of this Act. 

Contract weather observers.—Prior to eliminating the Contract 

Weather Observer (CWO) program, the Committee directs FAA to 

undertake a comprehensive study, with public and stakeholder 

input, and issue a report examining safety risks, hazard effects, efficiency, and operational effects on airports, airlines, and other 

stakeholders that could result from loss of CWO service at the 57 

airports that are being evaluated for potential conversion from the 

loss of service. The FAA is directed to provide this report to House 

and Senate Committees on Appropriations immediately upon its 

completion. The Committee understands that this initiative could 

result in tangible savings in the operations account. The Committee therefore emphasizes that this direction should not preclude 

FAA from proceeding with this initiative for certain locations in fiscal year 2017 should it meet the above conditions for public outreach and analysis. 

Controller staffing.—The Committee notes FAA’s inability to develop reliable numbers on how many controllers it needs and urges 

FAA to address the current staffing challenges as illustrated by a 

recent Inspector General (IG) report on the Nation’s most critical 

facilities. The staffing challenges at FAA facilities are longstanding 

and are the result of many factors, including lack of management 

attention and an outdated staffing model for en route facilities. The 

Committee directs FAA to develop a plan for developing an updated controller staffing model for en route centers no later than 

120 days after enactment. The IG also found that FAA facility 

managers could be more effective and bring about much needed efficiency gains through the use of commercially available scheduling 

tools. The Committee directs the IG to assess FAA’s progress 

adopting and implementing scheduling tools and determine whether benefits are being realized by air traffic managers, particularly 

at the most active facilities. 

Maintenance technician staffing and training.—During the summer of 2015, the En Route Automation Modernization system 

(ERAM) at Washington Center suffered a software malfunction 

which disrupted air travel all along the East Coast for several 

days. FAA’s after-action reports raised important concerns about 

the training and staffing of the maintenance workforce. The Committee is concerned this important workforce has not received the 

attention it deserves over the years. The Committee directs the IG 

to assess FAA’s plans and strategy for the hiring and placement of 

maintenance technicians and whether the FAA Academy effectively 

trains this important workforce. 

Allergic reactions aboard aircraft.—The Committee directs the 

FAA to review its policies concerning severe allergic reactions 

aboard aircraft and submit a report within 90 days of enactment 

detailing: the reporting requirements for airlines when an allergic 

reaction occurs, the data collection standards for such a report, and 

the number of reports in the past year. 


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AVIATION SAFETY

The Committee provides $1,291,982,000 for aviation safety, 

which is $33,571,000 above the fiscal year 2016 enacted level and 

$5,000,000 above the budget request. 

The Committee continues its direction requiring the Secretary to 

provide annual reports regarding the use of the funds provided, including, but not limited to, the total full-time equivalent staff years 

in the offices of aircraft certification and flight standards, total employees, vacancies, and positions under active recruitment. 

Aircraft certification.—The Committee provides $228,700,000 for 

the Aircraft Certification Service, an increase of $6,364,000 over 

the fiscal year 2016 enacted level and $2,000,000 above the request. The Committee directs FAA to utilize the additional resources to better utilize Organization Delegation Authorization 

(ODA), and to better focus on cutting edge technologies and aviation product innovations. Further, according to the Inspector General, FAA does not have a full understanding of its staffing requirements to provide oversight of the ODA program. This is a significant and basic program management issue that needs urgent attention. The IG made recommendations related to improving FAA’s 

staffing process, developing better risk-based oversight tools, and 

assessing the effectiveness of training, and FAA has acknowledged 

these recommendations and is in the process of developing a new 

oversight process. The Committee directs FAA to provide a status 

report regarding its efforts to improve ODA oversight processes, including its progress addressing the IG’s recommendations. 

Unmanned aircraft systems (UAS).—The Committee provides 

$15,185,000 for the Office of Unmanned Aircraft Systems Integration, an increase of $3,000,000 above the budget request. This increase is provided to help FAA accelerate its efforts to safely integrate UAS into the national airspace. 

UAS research plan.—The FAA Modernization Act of 2012 required FAA to submit a comprehensive plan for the integration of 

unmanned aircraft systems (UAS) into the national airspace. Although the agency did submit a plan in 2014, Congress has expressed concern over its lack of detail, resource requirements, and 

timelines. The Committee believes FAA, working in concert other 

agencies, needs to produce a comprehensive plan identifying the research needed for full UAS integration. FAA currently does not 

have a plan for beyond visual line of sight (BVLOS) integration, 

nor has it articulated the data needed to support the development 

of BVLOS standards. The Committee believes FAA needs to identify the research and data required for full integration, create a 

test and evaluation master plan with the number and types of 

flight tests required, identify the resources and planned schedule 

for critical research, and show how the results will be used in the 

standards-setting process. The Committee therefore directs FAA to 

submit to the House and Senate Committees on Appropriations a 

comprehensive plan for research supporting full integration of unmanned aircraft systems no later than 180 days after enactment. 

Harmonizing flight data and cockpit voice recorder regulations.— 

The Committee understands that automatic deployable flight recorders are among the acceptable technologies that meet new InterVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00018 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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national Civil Aviation Organization requirements. The Committee 

is concerned that the corresponding Federal Aviation Regulations 

(FAR) for Cockpit Voice and Flight Data Recorders have not been 

harmonized to reflect the allowed use of automatic deployable flight 

recorders, resulting in uncertain certification requirements for aircraft manufacturers and airlines wishing to voluntarily install 

deployable flight recorders. The Committee encourages the FAA to 

ensure all necessary U.S. regulations are formally updated to enable the voluntary use of FAA approved deployable flight recorder 

technology without the need for an applicant to file for an equivalent level of safety (ELS) to meet applicable recorder FARs. 

FAA inspectors and repair station oversight.—The Office of Inspector General has reported that FAA transferred its foreign repair station oversight duties without fully evaluating foreign authority oversight capabilities. The Committee is concerned that 

FAA is expanding its use of aviation safety agreements without 

sufficient planning. FAA is directed to provide the Committee with 

a report on the steps it takes before it relinquishes oversight responsibilities to foreign authorities to ensure the entities have the 

resources and expertise to conduct oversight. 

Human Intervention Motivation Study (HIMS) and the Flight Attendant Drug and Alcohol Program (FADAP).—The Committee recognizes the effectiveness of the Human Intervention Motivation 

Study (HIMS) and the Flight Attendant Drug and Alcohol Program 

(FADAP) in mitigating drug and alcohol abuse through a peer identification and intervention program. The Committee recommends 

that FAA continue to prioritize this program and urges FAA to continue this program within available resources. 

COMMERCIAL SPACE TRANSPORTATION

The Committee recommends the budget request of $19,826,000 

for the Office of Commercial Space Transportation, which is 

$2,026,000 above the fiscal year 2016 enacted level. 

Hiring.—The recommended funding level will allow the Office of 

Commercial Space Transportation to add operational personnel to 

support an increased level of activity in its licensing, permitting 

and safety inspection functions. The Committee notes that the 

budget request includes a twenty percent growth in personnel in 

this office above the fiscal year 2016 personnel level. The Committee believes that the office should be able to judiciously hire 

critical operational staff within the amounts provided. 

Space Launch System.—The Committee commends the FAA Office of Commercial Space Transportation’s efforts to promote private sector lunar exploration and development, which may require 

the use of heavy-lift launching capability, such as the Space 

Launch System. Specifically, in collaboration with the Commercial 

Space Transportation Advisory Committee, the Committee encourages the FAA to explicitly define non-interference and to enhance 

its payload review process to provide companies planning private 

sector lunar development with the security and predictability necessary to support substantial investments. 


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FINANCE AND MANAGEMENT

The Committee recommends $770,342,000 for finance and management activities, which is $9,842,000 above the fiscal year 2016 

enacted level and $1,000,000 below the request. 

Workforce diversity.—The Committee directs FAA to continue to 

update the House and Senate Committees on Appropriations on the 

diversity of the controller workforce. The Committee notes that revised hiring procedures yielded a class of developmental controllers 

that represent a more diverse demographic. The Committee remains interested in the success of these new controllers, and requests a briefing on their progress no later than 180 days after enactment. 

NEXTGEN AND OPERATIONS PLANNING

The Committee recommends $60,155,000 for NextGen and Operations Planning, which is $66,000 above the fiscal year 2016 enacted level and the same as the budget request. 

SECURITY AND HAZARDOUS MATERIALS SAFETY

The Committee recommends $107,161,000 for Security and Hazardous Materials Safety, which is $6,281,000 above the fiscal year 

2016 enacted level and the same as the budget request. 

STAFF OFFICES

The Committee recommends $205,101,000 for Staff Offices, 

which is $1,650,000 below the fiscal year 2016 enacted level and 

$4,000,000 below the budget request. The Committee urges FAA to 

continue to prioritize its ongoing study of the 65 day-night average 

sound level (DNL) to determine whether it is the correct standard. 

The Committee expects regular updates on this study. 

BILL LANGUAGE

Second career training program.—The bill retains language prohibiting the use of funds for the second career training program. 

This prohibition has been in annual appropriations Acts for many 

years, and is included in the President’s budget request. 

Aviation user fees.—The bill includes a limitation carried for several years prohibiting funds from being used to finalize or implement any new unauthorized user fees. 

Aeronautical charting and cartography.—The bill maintains the 

provision prohibiting funds in this Act from being used to conduct 

aeronautical charting and cartography (AC&C) activities through 

the working capital fund (WCF). 

Credits.—The bill includes language allowing funds received from 

specified public, private, and foreign sources for expenses incurred 

to be credited to the appropriation. 


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FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

Appropriation, fiscal year 2016 ......................................................... $2,855,000,000 

Budget request, fiscal year 2017 ....................................................... 2,838,000,000 

Recommended in the bill ................................................................... 2,838,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥17,000,000 

Budget request, fiscal year 2017 ................................................... – – – 

The Facilities and Equipment (F&E) account is the principal 

means for modernizing and improving air traffic control and airway 

facilities. The appropriation also finances major capital investments required by other agency programs, experimental research 

and development facilities, and other improvements to enhance the 

safety and capacity of the airspace system. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $2,838,000,000 

for the FAA’s facilities and equipment program. This level is 

$17,000,000 below the level provided in fiscal year 2016 and the 

same as the budget request. The bill provides that, of the total 

amount recommended, $2,352,000,000 is available for obligation 

until September 30, 2019, and $486,000,000 (the amount for personnel and related expenses) is available until September 30, 2018. 

These obligation availabilities are consistent with past appropriations Acts. 

The following table provides funding levels for facilities and 

equipment activities and budget line items. 

Program FY 2017 

request Recommendation 

Activity 1—Engineering, Development, Test and Evaluation: 

Advanced Technology Development and Prototyping ................................................. 24,800,000 24,800,000 

William J. Hughes Technical Center Laboratory Improvement ................................... 1,000,000 1,000,000 

William J. Hughes Technical Center Laboratory Sustainment ................................... 19,000,000 19,000,000 

William J. Hughes Technical Center Infrastructure Sustainment .............................. 12,200,000 12,200,000 

Separation Management Portfolio .............................................................................. 25,800,000 27,800,000 

Improved Surface Portfolio ......................................................................................... 2,000,000 2,000,000 

On Demand NAS Portfolio ........................................................................................... 8,500,000 11,500,000 

Improved Multiple Runway Operations Portfolio ........................................................ 6,500,000 6,500,000 

NAS Infrastructure Portfolio ........................................................................................ 17,660,000 17,660,000 

NextGen Support Portfolio ........................................................................................... 12,000,000 12,000,000 

Performance Based Navigation & Metroplex Portfolio ............................................... 17,500,000 17,500,000 

TOTAL ACTIVITY 1 .............................................................................................. 146,960,000 151,960,000 

Activity 2— Air Traffic Control Facilities and Equipment: 

a. En Route Programs 

En Route Automation Modernization (ERAM).

En Route Automation Modernization (ERAM)—System Enhancements and Tech 

Refresh ................................................................................................................... 78,000,000 78,000,000 

En Route Communications Gateway (ECG) ................................................................ 2,650,000 2,650,000 

Next Generation Weather Radar (NEXRAD)—Provide ................................................ 6,300,000 6,300,000 

Air Route Traffic Control Center (ARTCC) & Combined Control Facility (CCF) 

Building Improvements .......................................................................................... 74,870,000 74,870,000 

Air Traffic Management (ATM) ................................................................................... 20,000,000 20,000,000 

Air/Ground Communications Infrastructure ................................................................ 8,750,000 8,750,000 

Air Traffic Control En Route Radar Facilities Improvements .................................... 5,800,000 5,800,000 

Voice Switching and Control System (VSCS) ............................................................. 11,300,000 11,300,000 

Oceanic Automation System ....................................................................................... 24,000,000 24,000,000 

Next Generation Very High Frequency Air/Ground Communications (NEXCOM) ......... 50,500,000 50,500,000 

System-Wide Information Management ...................................................................... 28,800,000 28,800,000 


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Program FY 2017 

request Recommendation 

ADS–B NAS Wide Implementation .............................................................................. 31,100,000 154,800,000 

Windshear Detection Service ...................................................................................... 4,500,000 4,500,000 

Collaborative Air Traffic Management Technologies .................................................. 13,820,000 13,820,000 

Time Based Flow Management Portfolio .................................................................... 50,600,000 50,600,000 

ATC Beacon Interrogator (ATCBI)—Sustainment ....................................................... 1,000,000 1,000,000 

NextGen Weather Processors ...................................................................................... 27,800,000 27,800,000 

Airborne Collision Avoidance System X (ACASX) ........................................................ 8,900,000 8,900,000 

Data Communications in Support of NG Air Transportation System ........................ 232,000,000 232,000,000 

Non-Continental United States (Non-CONUS) Automation ......................................... 3,000,000 3,000,000 

Subtotal En Route Programs ............................................................................. 683,690,000 807,390,000 

b. Terminal Programs 

Airport Surface Detection Equipment—Model X (ASDE–X) ....................................... 8,400,000 8,400,000 

Terminal Doppler Weather Radar (TDWR)—Provide .................................................. 5,000,000 5,000,000 

Standard Terminal Automation Replacement System (STARS) (TAMR Phase 1) ...... 64,200,000 64,200,000 

Terminal Automation Modernization/Replacement Program (TAMR Phase 3) ........... 108,900,000 108,900,000 

Terminal Automation Program .................................................................................... 7,700,000 7,700,000 

Terminal Air Traffic Control Facilities—Replace ....................................................... 58,800,000 58,800,000 

ATCT/Terminal Radar Approach Control (TRACON) Facilities—Improve ................... 47,720,000 47,720,000 

Terminal Voice Switch Replacement (TVSR) .............................................................. 6,000,000 6,000,000 

NAS Facilities OSHA and Environmental Standards Compliance .............................. 42,700,000 42,700,000 

Airport Surveillance Radar (ASR 9) ............................................................................ 4,500,000 4,500,000 

Terminal Digital Radar (ASR 11) Technology Refresh and Mobile Airport Surveillance Radar (MASR) ............................................................................................... 6,100,000 6,100,000 

Runway Status Lights ................................................................................................ 4,800,000 4,800,000 

National Airspace System Voice System (NVS) .......................................................... 48,400,000 48,400,000 

Integrated Display System (IDS) ................................................................................ 7,700,000 7,700,000 

Remote Monitoring and Logging System (RMLS) ....................................................... 9,900,000 9,900,000 

Mode S Service Life Extension Program (SLEP) ......................................................... 37,900,000 37,900,000 

Surveillance Interface Modernization ......................................................................... 26,800,000 26,800,000 

Improved Surface/TFDM Portfolio ............................................................................... 42,200,000 42,200,000 

National Air Space (NAS) Voice Recorder Program (NVRP) ....................................... 2,000,000 2,000,000 

Integrated Terminal Weather System (ITWS) .............................................................. 1,000,000 1,000,000 

Next Generation: Surveillance and Weather Radar Capability & Back-up Surveillance Capability ..................................................................................................... 6,000,000 6,000,000 

Flight and Interfacility Data Interface (FIDI) Modernization ...................................... 15,000,000 15,000,000 

Subtotal Terminal Programs .............................................................................. 561,720,000 561,720,000

c. Flight Service Programs 

Aviation Surface Observation System (ASOS) ............................................................ 10,000,000 10,000,000 

Future Flight Services Program .................................................................................. 3,000,000 3,000,000 

Alaska Flight Service Facility Modernization (AFSFM) ............................................... 2,650,000 2,650,000 

Weather Camera Program .......................................................................................... 2,200,000 2,200,000 

Subtotal Flight Service Programs ...................................................................... 17,850,000 17,850,000 

d. Landing and Navigational Aids Program 

VHF Omnidirectional Radio Range (VOR) with Distance Measuring Equipment 

(DME) ...................................................................................................................... 7,000,000 7,000,000 

Instrument Landing System (ILS)—Establish ........................................................... 7,000,000 7,000,000 

Wide Area Augmentation System (WAAS) for GPS ..................................................... 85,000,000 111,600,000 

Runway Visual Range (RVR) and Enhanced Low Visibility Operations (ELVO) ......... 6,500,000 6,500,000 

Approach Lighting System Improvement Program (ALSIP) ........................................ 3,000,000 3,000,000 

Distance Measuring Equipment (DME) ...................................................................... 3,000,000 3,000,000 

Visual NAVAIDS—Establish/Expand ........................................................................... 2,000,000 2,000,000 

Instrument Flight Procedures Automation (IFPA) ....................................................... 9,400,000 9,400,000 

Navigation and Landing Aids—Service Life Extension Program (SLEP) ................... 3,000,000 3,000,000 

VASI Replacement—Replace with Precision Approach Path Indicator ..................... 5,000,000 5,000,000 

Runway Safety Areas—Navigational Mitigation ........................................................ 14,000,000 14,000,000 

Integrated Control and Monitoring System (ICMS)—NAVAIDS Monitoring Equipment ....................................................................................................................... 2,000,000 2,000,000 

Subtotal Landing and Navigational Aids Programs ......................................... 146,900,000 173,500,000 

e. Other ATC Facilities Programs 

Fuel Storage Tank Replacement and Management ................................................... 22,700,000 20,700,000 

Unstaffed Infrastructure Sustainment ....................................................................... 40,490,000 40,490,000 


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Program FY 2017 

request Recommendation 

Aircraft Related Equipment Program ......................................................................... 13,000,000 13,000,000 

Airport Cable Loop Systems—Sustained Support ..................................................... 8,000,000 8,000,000 

Alaskan Satellite Telecommunications Infrastructure (ASTI) ..................................... 6,000,000 6,000,000 

Facilities Decommissioning ........................................................................................ 6,200,000 6,200,000 

Electrical Power Systems—Sustain/Support .............................................................. 105,000,000 105,000,000 

Energy Management and Compliance (EMC) ............................................................. 2,000,000 2,000,000 

Child Care Center Sustainment ................................................................................. 1,000,000 1,000,000 

FAA Telecommunications Infrastructure ..................................................................... 10,360,000 10,360,000

System Capacity, Planning, and Improvements ........................................................ 6,500,000 6,500,000 

Subtotal Other ATC Facilities Programs ............................................................ 221,250,000 219,250,000 

TOTAL ACTIVITY 2 ..................................................................................... 1,631,410,000 1,779,710,000 

Activity 3—Non-Air Traffic Control Facilities and Equipment: 

a. Support Equipment 

Hazardous Materials Management ............................................................................. 31,000,000 31,000,000 

Aviation Safety Analysis System (ASAS) .................................................................... 11,300,000 11,300,000

National Air Space (NAS) Recovery Communications (RCOM) ................................... 12,000,000 12,000,000 

Facility Security Risk Management ............................................................................ 21,000,000 21,000,000 

Information Security ................................................................................................... 24,970,000 24,970,000 

System Approach for Safety Oversight (SASO) .......................................................... 17,200,000 17,200,000 

Aviation Safety Knowledge Management Environment (ASKME) ............................... 4,200,000 4,200,000 

Aerospace Medical Equipment Needs (AMEN) ........................................................... 3,000,000 3,000,000 

System Safety Management Portfolio ......................................................................... 17,000,000 17,000,000 

National Test Equipment Program ............................................................................. 5,000,000 5,000,000

Mobile Assets Management Program ......................................................................... 5,760,000 5,760,000 

Aerospace Medicine Safety Information Systems (AMSIS) ......................................... 12,000,000 12,000,000 

Tower Simulation System (TSS) Technology Refresh ................................................. 3,000,000 3,000,000 

Subtotal Support Equipment ............................................................................. 167,430,000 167,430,000 

b. Training, Equipment and Facilities 

Aeronautical Center Infrastructure Modernization ..................................................... 14,000,000 14,000,000 

Distance Learning ....................................................................................................... 1,500,000 1,500,000 

Subtotal Training, Equipment and Facilities .................................................... 15,500,000 15,500,000 

TOTAL ACTIVITY 3 ..................................................................................... 182,930,000 182,930,000 

Activity 4—Facilities and Equipment Mission Support: 

a. System Support and Services 

System Engineering and Development Support ......................................................... 35,000,000 35,000,000 

Program Support Leases ............................................................................................ 46,600,000 46,600,000 

Logistics and Acquisition Support Services ............................................................... 11,000,000 11,000,000 

Mike Monroney Aeronautical Center Leases ............................................................... 19,300,000 19,300,000 

Transition Engineering Support .................................................................................. 24,100,000 24,100,000 

Technical Support Services Contract (TSSC) ............................................................. 23,000,000 23,000,000 

Resource Tracking Program (RTP) .............................................................................. 6,000,000 6,000,000 

Center for Advanced Aviation System Development (CAASD) .................................... 60,000,000 60,000,000 

Aeronautical Information Management Program ....................................................... 10,400,000 10,400,000 

Cross Agency NextGen Management .......................................................................... 2,000,000 2,000,000 

TOTAL ACTIVITY 4 .............................................................................................. 237,400,000 237,400,000 

Activity 5—Personnel and Related Expenses: 

Personnel and Related Expenses ............................................................................... 489,000,000 486,000,000 

Activity 6—Sustain ADS–B services and Wide Area Augmentation Services (WAAS) 

GEOs: 

ADS–B services and WAAS GEOs ............................................................................... 150,300,000 * – – – 

SUB-TOTAL ALL ACTIVITIES ....................................................................... 2,838,000,000 2,838,000,000 

* The service support for ADS–B and WAAS GEOs are funded in their respective programmatic lines in Activity 2. 

Alignment of pre-implementation and established programs.— The Committee notes that the FAA requested funding for Performance Based Navigation and Metroplex Portfolio under Activity 1, 

even though most of the funding would support activities that are 

a part of a well-established program and could not be considered 


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‘‘pre-implementation.’’ The congressional justifications include important details on complex programs at the FAA, and this material 

should be presented clearly and accurately. The Committee therefore directs the FAA to ensure that its fiscal year 2018 budget request includes funding for pre-implementation activities only under 

Activity 1 and for established programs only under Activity 2. 

Space-based automatic dependent surveillance-broadcast (ADS– 

B).—The Committee provides $27,800,000 for Separation Manage- ment Portfolio, a decrease of $3,700,000 below the fiscal year 2016 

enacted level and an increase of $2,000,000 above the budget request. The increase above the request is provided to advance efforts 

related to space-based ADS–B to ensure FAA keeps pace with global developments in air traffic technology. The Committee notes that 

in fiscal years 2015 and 2016, it provided $22,500,000 to advance 

FAA’s efforts to integrate space-based ADS–B into the national airspace to ensure FAA keeps pace with global developments in air 

traffic technology. Of these funds, over $20,000,000 remains unobligated. The Committee is aware that the FAA is postponing key decisions that will delay its schedule for space-based ADS–B and reduced oceanic aircraft separation. Despite delays by the FAA, the 

international aviation community is preparing to be able to use 

space-based ADS–B in 2018. The International Civil Aviation Organization (ICAO) is in the process of approving a 15/15 nautical mile 

separation standard for oceanic traffic under surveillance for use in 

2018, and foreign air navigation service providers (ANSP) in neighboring airspace are taking the necessary steps to implement the 

ICAO reduced oceanic separation standard in 2018. In order to increase safety and enhance efficiency in US-controlled oceanic airspace in the same timeframe as neighboring ANSPs, the Committee directs the FAA to streamline its current strategy by making a final investment decision expeditiously to implement a 15/15 

nautical mile oceanic separation capability and provide this new 

surveillance capability in the same manner that terrestrial ADS– 

B surveillance is provided. 

Cyber testbed.—The recommendation includes $11,500,000 for 

‘‘On Demand NAS Portfolio’’, an increase of $500,000 above the fiscal year 2016 enacted level and a $3,000,000 increase above the 

budget request. The Committee directs FAA to use the funds provided above the budget request to continue to develop and implement an integrated Cyber Testbed at the FAA Technical Center to 

ensure that modernization programs are compliant with FAA data 

security regulations before entering the national airspace. The 

testbed will perform active and conceptual threat testing of 

vulnerabilities of cabin communications, entertainment, and information technology systems on civil passenger aircraft, and will incorporate cybersecurity threat modeling. 

Performance-based navigation.—The Committee recognizes that 

Performance Based Navigation (PBN) is the essential stepping 

stone to NextGen, and a top investment priority for the NextGen 

Advisory Committee. However, as the Inspector General has reported, the lack of automated controller tools to manage and sequence aircraft remains a barrier to maximizing benefits from new 

PBN routes. The Inspector General highlighted that while FAA deployed an automation tool to help controllers optimize PBN operVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00024 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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ations at high altitudes, it has not effectively managed the implementation of the tool or made it a priority. Moreover, it is unclear 

when the new Terminal Sequencing and Spacing Tool can be implemented at the Nation’s most active airports. The Committee directs 

FAA to provide a report on the automation improvements to-date 

and actions still needed, as well as the status of deploying the Terminal Sequencing and Spacing tool at the Nation’s most active airports. 

Next generation weather radar.—The Committee supports FAA’s 

efforts to begin analyzing and developing a strategy for replacing 

radars that are 20 to 40 years old. The Committee recognizes the 

importance of this effort but it also reflects a down payment on a 

potentially larger program with significant budgetary implications. 

The Committee directs the Inspector General to examine whether 

FAA is effectively leveraging work conducted by other federal agencies to reduce development costs and risk, and how this new radar 

system fits into FAA’s existing plans for NextGen. 

Terminal airport traffic control facilities-replace.—The Committee notes that there are some contract towers that are more 

than forty years of age, are non-compliant with OSHA standards, 

and have line of sight issues that adversely affect air traffic control 

safety. The Committee directs the FAA to conduct assessments of 

these towers and report back to the Committee within six months 

of enactment. 

Very high frequency (VHF) omni-directional range (VOR) and tactical air navigation (TACAN).—The Committee is aware of efforts 

underway to address the rationalization and recapitalization of 

aging en route navigational aids. These systems are critical to the 

safety, resiliency, and on-going operations of both civilian and military air navigation. The Committee directs FAA to move ahead 

with the issuance of a request for proposals (RFP) to implement a 

service based procurement for VHF, VOR, and TACAN systems. 

The RFP shall be released with the objective of issuing a contract 

during fiscal year 2017. 

Facility decommissioning.—The Committee encourages FAA to 

remove or relocate any non-directional beacons over fifty years old 

in which a U.S. County is requesting either its elimination or significant size reduction by replacing the beacon with a modern antenna. 

BILL LANGUAGE

Capital investment plan.—The bill continues to require the submission of a five-year capital investment plan. 

RESEARCH, ENGINEERING, AND DEVELOPMENT

(AIRPORT AND AIRWAY TRUST FUND)

Appropriation, fiscal year 2016 ......................................................... $166,000,000 

Budget request, fiscal year 2017 ....................................................... 167,500,000 

Recommended in the bill ................................................................... 167,500,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +1,500,000 

Budget request, fiscal year 2017 ................................................... – – – 

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trol system and to raise the level of aviation safety, as authorized 

by the Airport and Airway Improvement Act and the Federal Aviation Act. The appropriation also finances the research, engineering, 

and development needed to establish or modify federal air regulations. 

COMMITTEE RECOMMENDATION

The Committee recommends $167,500,000 for FAA’s research, 

engineering, and development programs, which is $1,500,000 above 

the enacted level and the same as the budget request. 

The Committee recommendation includes the following funding 

levels for research, engineering, and development programs. 

Program FY 2017 request FY 2017 House 

Fire Research & Safety ........................................................................................................ 7,925,000 7,925,000 

Propulsion & Fuel Systems .................................................................................................. 2,574,000 2,574,000 

Advanced Materials /Structural Safety ............................................................................... 4,113,000 4,500,000 

Aircraft Icing/Digital System Safety/Cyber Security ............................................................ 5,102,000 5,102,000 

Continued Air Worthiness .................................................................................................... 10,269,000 9,269,000 

Aircraft Catastrophic Failure Prevention Research ............................................................. 1,528,000 1,528,000 

Flightdeck/Maintenance/System Integration Human Factors .............................................. 8,513,000 7,044,000 

Safety System Management/Terminal Area Safety ............................................................. 7,000,000 7,000,000 

Air Traffic Control/Technical Operations Human Factors ................................................... 6,165,000 5,539,000 

Aeromedical Research ......................................................................................................... 9,538,000 8,467,000 

Weather Research ................................................................................................................ 17,976,000 16,500,000 

Unmanned Aircraft Systems Research ................................................................................ 8,422,000 13,422,000 

NextGen—Alternative Fuels for General Aviation ............................................................... 5,792,000 7,000,000 

Commercial Space Transportation Safety ........................................................................... 2,953,000 2,000,000 

Total Safety ................................................................................................................. 97,870,000 97,870,000 

NextGen—Wake Turbulence ................................................................................................ 8,609,000 8,609,000 

NextGen—Air Ground Integration ........................................................................................ 8,575,000 8,575,000 

NextGen—Weather Technology in the Cockpit .................................................................... 4,059,000 4,059,000 

NextGen—Information Security ........................................................................................... 1,000,000 1,000,000 

Total Economic Competiveness .................................................................................. 22,243,000 22,243,000 

Environment & Energy ......................................................................................................... 15,013,000 15,013,000 

NextGen Environmental Research—Aircraft Technologies, Fuels and Metrics .................. 26,174,000 26,174,000 

Total Environmental Sustainability ............................................................................ 41,187,000 41,187,000 

System Planning and Resource Management ..................................................................... 2,788,000 2,788,000

WJHTC Lab Facilities ........................................................................................................... 3,412,000 3,412,000 

Total Mission Support ................................................................................................. 6,200,000 6,200,000 

Total ................................................................................................................... 167,500,000 167,500,000 

Advanced material/structural integrity safety.—The Committee 

recommendation includes $4,500,000 for Advanced Material/Structural Integrity Safety, a decrease of $2,909,000 below the fiscal 

year 2016 enacted level and an increase of $387,000 above the 

budget request. 

Additive manufacturing.—The Committee is aware that products 

created through additive manufacturing processes have entered 

commercial use. As industry moves towards manufacturing safetycritical products through additive processes, the Committee encourages FAA to undertake basic and applied research to fully assess 

the safety and certification aspects of this new technology. 

Unmanned aircraft systems research.—The Committee provides 

$13,422,000 for Unmanned Aircraft Systems Research, a decrease 

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crease of $5,000,000 above the budget request. The Committee directs FAA to use the NextGen integrated laboratories, in partnership with NASA laboratories, to provide for proofs of concept supporting the integration of UAS into the national airspace (NAS). 

This effort will ensure interoperability with NAS systems through 

the Unmanned Traffic Management system, which will create an 

air traffic control network for UAS that will have the capability to 

communicate with existing NAS infrastructure. 

NextGen—alternative fuels for general aviation.—The Committee 

provides $7,000,000 for NextGen—Alternative Fuels for General 

Aviation, the same as the enacted level and an increase of 

$1,208,000 above the budget request. 

GRANTS IN AID FOR AIRPORTS

(LIMITATION ON OBLIGATIONS)

Liquidation of 

contract 

authorization 

Limitation on 

obligations 

Appropriation, fiscal year 2016 ................................................................................... $3,600,000,000 $3,350,000,000 

Budget request, fiscal year 2017 ............................................................................... 3,500,000,000 2,900,000,000 

Recommended in the bill ............................................................................................ 3,750,000,000 3,350,000,000 

Bill compared to: 

Appropriation, fiscal year 2016 .............................................................................. +150,000,000 – – –

Budget request, fiscal year 2017 ........................................................................... +250,000,000 +450,000,000 

The bill includes a liquidating cash appropriation of $3,750,000,000 for grants-in-aid for airports, authorized by the Airport and Airway Improvement Act of 1982, as amended, which is 

$150,000,000 above the fiscal year 2016 level and $250,000,000 

above the budget request. This funding provides for liquidation of 

obligations incurred pursuant to contract authority and annual limitations on obligations for grants-in-aid for airport planning and development, noise compatibility and planning, the military airport 

program, reliever airports, airport program administration, and 

other authorized activities. 

LIMITATION ON OBLIGATIONS

The bill includes a limitation on obligations of $3,350,000,000 for 

fiscal year 2017, which is the same as the fiscal year 2016 enacted 

level and $450,000,000 above the budget request. 

Regulatory compliance.—The Committee is concerned about the 

findings of the 2013 Airport Cooperative Research Program report 

entitled, ‘‘Impact of Regulatory Compliance Costs on Small Airports.’’ The Committee directs FAA to develop a plan to implement 

the report’s recommendations and report back to Congress within 

180 days of enactment. 

Unmanned aircraft systems airports detection and mitigation 

technology.—The Committee directs the FAA Administrator, not 

later than 60 days after enactment, to establish a pilot program at 

three airports to deploy and evaluate counter-UAS detection and 

mitigation technologies that can locate and track unmanned aircraft and the ground operator while not interfering with existing 

airport operations, navigation, and communications systems. The 

pilot should demonstrate technologies that cannot be disabled or 

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facturer or operator for detection compliance. The Committee directs FAA to provide a report on the pilot project findings no later 

than 180 days after enactment. 

Noise insulation.—The Committee is concerned that FAA’s current criteria restricts eligibility for federally funded sound insulation and limits one of the most important tools that airports have 

to address community concerns about noise impacts. The Committee encourages FAA to reevaluate its current criteria and provide airports with flexibility to expand eligibility where appropriate, and permit second round insulation to account for subsequent improvements in technology. 

ADMINISTRATION AND RESEARCH PROGRAMS

Airport administrative expenses.—Within the overall obligation 

limitation, the bill includes $107,691,000 for the administration of 

the airports program by the FAA. This funding level is $591,000 

above the fiscal year 2016 enacted level and the same as the budget request. 

Airport cooperative research program (ACRP).—The recommendation includes $15,000,000, which is the same as the fiscal year 2016 

enacted level and the budget request. The ACRP identifies shared 

problem areas facing airports that can be solved through applied 

research but are not adequately addressed by existing federal research programs. 

Airport technology research.—The Committee recommendation 

includes a minimum of $31,375,000 for the FAA’s airport technology research program, which is $375,000 above the enacted level 

and the same as the budget request. The funds provided for this 

program are utilized to conduct research in the areas of airport 

pavement; airport marking and lighting; airport rescue and firefighting; airport planning and design; wildlife hazard mitigation; 

and visual guidance. 

Tarmac Vehicle Safety.—The Committee notes that there is no 

national standard that requires marking on airport vehicles and 

equipment that operate in busy night time conditions. The Committee directs the FAA to study one large hub airport, one medium 

hub airport and one small hub airport to determine whether national standards for conspicuity of surface vehicles operating at the 

airports are necessary. The FAA is directed to report to the House 

and Senate Committees on Appropriations its finding and recommendations no later than one year after enactment of this Act. 

BILL LANGUAGE

Runway incursion prevention systems and devices.—Consistent 

with prior year appropriations Acts, the bill allows funds under 

this limitation to be used for airports to procure and install runway 

incursion prevention systems and devices. 

ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION

Section 110. The Committee retains a provision limiting the 

number of technical work years at the Center for Advanced Aviation Systems Development to 600 in fiscal year 2017. 


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Section 111. The Committee retains a provision prohibiting FAA 

from requiring airport sponsors to provide the agency ‘without cost’ 

building construction, maintenance, utilities and expenses, or space 

in sponsor-owned buildings, except in the case of certain specified 

exceptions. 

Section 112. The Committee continues a provision allowing reimbursement for fees collected and credited under 49 U.S.C. 45303. 

Section 113. The Committee continues a provision allowing reimbursement of funds for providing technical assistance to foreign 

aviation authorities to be credited to the operations account. 

Section 114. The Committee continues a provision prohibiting 

FAA from paying Sunday premium pay, except in those cases 

where the individual actually worked on a Sunday. 

Section 115. The Committee continues a provision prohibiting 

FAA from using funds to purchase store gift cards or gift certificates through a government-issued credit card. 

Section 116. The Committee continues a provision that requires 

approval from the Deputy Assistant Secretary for Administration of 

the Department of Transportation for retention bonuses for any 

FAA employee. 

Section 117. The Committee continues a provision that requires 

the Secretary to block the display of an owner or operator’s aircraft 

registration number in the Aircraft Situational Display to Industry 

program, upon the request of an owner or operator. 

Section 118. The Committee continues a provision that limits the 

number of FAA political appointees to 9. 

Section 119. The Committee continues a provision that prohibits 

funds for any increase in fees for navigational products until FAA 

has reported a justification for such fees to the House and Senate 

Committees on Appropriations. 

Section 119A. The Committee continues a provision that requires 

FAA to notify the House and Senate Committees on Appropriations 

at least 90 days before closing a regional operations center or reducing the services it provides. 

Section 119B. The Committee continues a provision prohibiting 

funds to change weight restrictions or prior permission rules at 

Teterboro Airport in Teterboro, New Jersey. 

FEDERAL HIGHWAY ADMINISTRATION

The Federal Highway Administration (FHWA) provides financial 

assistance to the states to construct and improve roads and highways. It also provides technical assistance to other agencies and organizations involved in road building activities. Title 23 of the 

United States Code and other supporting statutes provide authority for the activities of the FHWA. Funding is provided by contract 

authority, while program levels are established by annual limitations on obligations, as set forth in appropriations Acts. 


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LIMITATION ON ADMINISTRATIVE EXPENSES

(HIGHWAY TRUST FUND)

(INCLUDING TRANSFER OF FUNDS)

Appropriation, fiscal year 2016 ......................................................... $429,000,000 

Budget request, fiscal year 2017 ....................................................... 435,795,000 

Recommended in the bill ................................................................... 435,795,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +6,795,000 

Budget request, fiscal year 2017 ................................................... – – – 

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 $435,795,000, including $3,248,000 transferred to 

the Appalachian Regional Commission. The recommendation is 

$6,795,000 above the enacted level, and the same as the budget request. 

FEDERAL-AID HIGHWAYS

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

[In thousands of dollars] 

Program Fiscal year 2016 enacted 

Fiscal 2017 

request 1 Recommended 

Federal-aid highways (obligation limitation) ........................... 42,361,000 50,766,100 43,266,100 

Exempt contract authority ........................................................ 739,000 739,000 739,000 

Rescission of contract authority ............................................... 0 ¥2,436,000 0 

Total program level .......................................................... 43,100,000 49,069,100 44,005,100 

1 Includes $7,500,000 requested for new programs called 21st Century Clean Transportation Plan Investments. 

The federal-aid highways program is designed to aid in the development, operations, and management of an intermodal transportation system that is economically efficient and environmentally 

sound, to provide the foundation for the nation to compete in the 

global economy, and to move people and goods safely. 

Federal-aid highways and bridges are managed through a federal-state partnership. States and localities maintain ownership of 

and responsibility for the maintenance, repair and new construction of roads. State highway departments have the authority to initiate federal-aid projects, subject to FHWA approval of the plans, 

specifications, and cost estimates. The federal government provides 

financial support, on a reimbursable basis, for construction and repair through matching grants. 

Programs included within the federal-aid highways program are 

financed from the highway trust fund. The federal-aid highways 

program is funded by contract authority, and liquidating cash appropriations are subsequently provided to fund outlays resulting 

from obligations incurred under contract authority. The Committee 


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sets, through the annual appropriations process, an overall limitation on the total contract authority that can be obligated under the 

program in a given year. 

COMMITTEE RECOMMENDATION

The Committee recommends a total program level of $44,005,100,000 for the activities of FHWA in fiscal year 2017. This 

amount is $905,100,000 above the fiscal year 2016 enacted level 

and $5,064,000,000 below the budget request. Included within the 

recommended amount is an obligation limitation of $43,266,100,000 

and $739,000,000 in contract authority that is exempt from the obligation limitation. 

Right-of-way advertising revenue study.—Not later than one year 

after the date of enactment of this Act, FHWA shall report to the 

House and Senate Committees on Appropriations on opportunities 

for, and impediments to, permitting states to allow advertising in 

the form of logos on the back of highway signs in highway rightsof-way as a means to generate state revenue. Such report shall 

identify applicable statutory and regulatory provisions, design 

issues, and safety considerations. 

Highway guide sign fonts.—In early 2016, FHWA notified state 

transportation agencies of its intention to rescind approval for the 

use of an alternate font on highway guide signs. The decision was 

made without adequate public consideration and input, and immediately impacted an estimated 26 states that had been given prior 

approval for alternate font use as a safe way to communicate with 

the traveling public. FHWA is directed to suspend enforcement of 

actions terminating the interim approval of this alternate font for 

highway guide signs until the agency provides an opportunity for 

public comment on this matter, and documents the safety and cost 

implications of this decision for affected states. FHWA is directed 

within 30 days of enactment of this Act to brief the House and Senate Committees on Appropriations regarding the process it will undertake to receive public comment. 

Corrosion prevention.—The Committee directs FHWA to conduct 

a study comparing the cost-effectiveness of industry-recognized corrosion prevention worker certifications on Federally-funded corrosion prevention bridge and overpass projects. The study shall compare no less than twelve currently obligated projects preserving the 

structure of bridges using corrosion prevention and mitigation systems, including at least six projects that utilize an industry recognized corrosion prevention worker standard, and no less than six 

similar projects that do not use an industry recognized worker 

standard. The study shall include a comparison of the time to complete projects, initial quality control reports, and budgetary overruns. FHWA shall submit the results from its study in a report to 

the House and Senate Committees on Appropriations no more than 

two years after the date of enactment of this Act. 

Innovative engineering and design approaches.—The Committee 

understands that pavement design requires continuous improvement and that Pavement ME Design is the next generation of 

pavement design software based upon the national cooperative 

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cycle cost analysis help to identify best value solutions with the desired performance at the lowest cost over the project’s life. With 

limited funding available for transportation projects, it is imperative that the Department promote the most efficient use of federal 

funding. The Committee directs the Secretary to treat Pavement 

ME Design combined with life-cycle cost analysis as eligible under 

subsection 120(c) of title 23, United States Code as an innovative 

engineering and design approach that will both optimize the design 

and lower the cost of projects. FHWA shall issue guidance to division offices and State departments of transportation on this eligibility. 

Bridge and structure product and technology innovations clearing 

house.—The Committee directs the Department to facilitate implementation of new and advanced transportation infrastructure by 

promoting and advancing new products and innovations related to 

highway bridges and structures. Unfortunately, the mainstreaming 

of new innovations within the surface transportation communities 

is a lengthy, complex, and difficult process. As part of this action, 

the Committee directs the Department to serve as clearing house 

for new innovations by providing a specific location for bridge and 

structure stakeholders to find technically robust and unbiased information and reports that evaluate innovations and accelerate acceptance and implementation of new bridge and structure materials and technologies. 

Autonomous vehicle technology.—The Committee recognizes the 

rapid pace at which autonomous vehicle technology is developing, 

and is interested in validating the safety of the new technology. To 

help facilitate the deployment and safety testing of autonomous vehicles, the Committee encourages the Secretary to solicit applications under the advanced transportation and congestion management technologies deployment program for autonomous vehicle 

projects to test the feasibility of deployment through geographically 

contained ridesharing pilot programs. In reviewing applications, 

the Secretary should consider the extent to which applicants propose to include the gathering and sharing of critical safety data 

with the government and the extent to which applicants propose to 

test the benefits of the technology with groups that might otherwise have limited transportation options, such as older people who 

no longer drive, those with disabilities, or those with no driver’s license. 

Geosynthetic reinforced soil-integrated bridge system program.— 

The Committee supports continuing the geosynthetic reinforced 

soil-integrated bridge system program including research and deployment to capitalize on investments in the program. The Committee encourages FHWA to fund research to address development 

of technical specifications for segmental facing material durability, 

connections between geosynthetics and segmental facing materials 

in retaining walls, including bridge abutments, segmental unit 

sound barriers, and scour countermeasures in erosion control systems. The Committee encourages FHWA to complete currently 

planned cost studies of geosynthetic-reinforced soil abutments and 

to prepare and distribute reports to state DOTs to enhance state 

and local application. The Committee encourages FHWA to use 


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demonstration grants to deploy innovations in geosynthetics and 

segmental retaining walls. 

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, and conservation. Projects may include roadway shoulder load testing and documenting life-cycle cost 

efficiency. 

Recycled materials.—Recycled materials help the environment 

and provide a cost-effective alternative. Section 1428 of the Fixing 

America’s Surface Transportation Act (FAST Act) requires the Secretary to encourage use of durable and sustainable materials. The 

Committee encourages FHWA to fulfill these objectives and to consider working collaboratively with the Expert Task Group, the 

American Association of State Highway and Transportation Officials, and industry stakeholders in developing revised standards 

that allow for the maximum use of recycled materials without detrimental impact to life-cycle cost. 

Advanced composite bridge technologies.—The Committee supports FHWA’s efforts to improve the safety, efficiency, reliability, 

and performance of transportation infrastructure. It also notes the 

growing need to accelerate adoption of best practices, technologies, 

and materials that lead to faster construction and cost-effective rehabilitation of bridges. The Committee encourages the Department 

to support the demonstration and deployment of advanced composite materials in bridge replacement and rehabilitation. 

Federally-owned bridges.—The Committee recognizes that there 

are a number of infrastructure projects owned solely by the federal 

government that are in serious need of repair. The Committee 

strongly encourages the Department to give the highest priority to 

grant applications for federal infrastructure projects which serve 

the greatest purpose in terms of public use. The attributes of infrastructure projects that should be given the highest priority must 

include, but should not be limited to, high rates of traffic, facilitation of regional traffic patterns, proximity to major metropolitan 

areas, facilitation of interstate commerce, accessibility to and from 

major metropolitan areas, and national security purpose including 

evacuation. Other attributes—such as projects which link states, 

federal districts, national parks, or territories to other major national monuments and parks—should also be considered. 

Transportation infrastructure and military installations.—Since 

the passage of the Federal-Aid Highway Act of 1956 (P.L. 84–627), 

investments in transportation infrastructure have been directly 

tied to supporting national defense. Access to and from military installations continues to impact operations and local communities. 

The Committee strongly encourages the Secretary to work with the 

Secretary of Defense to assess the transportation infrastructure 

that supports access to and from domestic military installations 

and to develop a strategy for addressing opportunities to improve 

base access and egress, impact on the local community, and national security. 

Streamlining of environmental impact reviews.—The Committee 

recognizes the efforts by the Department to implement the updated 

FAST Act provisions designed to streamline environmental impact 


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review processes, and encourages the Department to continue efforts to work cooperatively with federal and state agencies. The 

Committee urges the Department to continue participating in the 

facilitation of environmental impact process improvements for regional and national transportation projects, to coordinate with relevant federal agencies, state and local governments, and other public interest groups, and to periodically provide updates on the 

progress of such activities. 

Critical commerce corridors.—The Committee believes critical 

commerce corridors, an authorized use of funds in the nationally 

significant freight and highway projects program, can improve our 

economic efficiency, reduce travel times, and promote safe travel on 

our nation’s roads and highways. These corridors include existing 

highways where a barrier physically separates lanes dedicated to 

heavy commercial trucks from lanes dedicated to passenger vehicles. The Committee encourages DOT to strongly consider applications for the creation of critical commerce corridors when awarding 

grants to individual states. 

Transportation Infrastructure Finance and Innovation Act 

(TIFIA) program.—The Committee notes the significant role of 

TIFIA credit assistance in expanding the capacity of the federal-aid 

highways program to deliver projects. The Committee encourages 

the Department to fully obligate amounts available for credit assistance and to complete new credit agreements with eligible 

project sponsors in a timely manner. 

Modeling and simulation technology.—The utilization of modeling and simulation technology can save taxpayer dollars and can 

more efficiently design, build, operate and maintain our nation’s infrastructure. The Department should utilize modeling and simulation technology to analyze highway and public transportation 

projects to ensure that these projects will increase transportation 

capacity and safety, alleviate congestion, and reduce travel time 

and environmental impacts cost effectively. 

Freight transportation projects.—The Committee encourages the 

Secretary to give priority consideration to projects that advance exports and imports, increase the efficiency of national and international freight movement, promote economic growth on a regional 

and national basis, and increase employment. 

Border state infrastructure.—The Department of Transportation 

shall encourage states using federal funds designated for border 

state infrastructure to ensure participation of city and county governments along the U.S.-Mexico border in project selection processes. 

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(HIGHWAY TRUST FUND)

Appropriation, fiscal year 2016 ......................................................... $43,100,000,000 

Budget request, fiscal year 2017 1 ..................................................... 51,505,100,000 

Recommended in the bill ................................................................... 44,005,100,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +905,100,000 

Budget request, fiscal year 2017 ................................................... ¥7,500,000,000 1 Includes $7,500,000,000 requested for a new program called 21st Century Clean Transportation Plan Investments. 


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COMMITTEE RECOMMENDATION

The Committee recommends a liquidating cash appropriation of 

$44,005,100,000, which is $905,100,000 above the enacted level and 

$7,500,000,000 below the budget request. This is the amount required to pay the outstanding obligations of the highway program 

at levels provided in this Act and prior appropriations Acts. 

ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION

Section 120 distributes obligation authority among federal-aid 

highway programs. The provision has been updated to be consistent with changes to the underlying authorizing statute. 

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. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION

The Federal Motor Carrier Safety Administration (FMCSA) was 

established within the Department of Transportation (DOT) by 

Congress through the Motor Carrier Safety Improvement Act of 

1999. FMCSA’s mission is to promote safe commercial motor vehicle operations and reduce truck and bus crashes. FMCSA works 

with federal, state, and local entities, the motor carrier industry, 

highway safety organizations, and the public to further its mission. 

FMCSA resources are used to prevent and mitigate commercial 

vehicle accidents through regulation, enforcement, stakeholder 

training, technological innovation, and improved information systems. FMCSA also is responsible for enforcing federal motor carrier 

safety and hazardous materials regulations for all commercial vehicles entering the United States along its southern and northern 

borders. 

MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Liquidation of contract 

authorization 

Limitation on 

obligations 

Appropriation, fiscal year 2016 ......................................................................... $267,400,000 ($267,400,000) 

Budget request, fiscal year 20171 .................................................................... 427,200,000 (427,200,000) 

Recommended in the bill .................................................................................. 277,200,000 (277,200,000) 

Bill compared with: 

Appropriation, fiscal year 2016 .................................................................... +9,800,000 (+9,800,000) 

Budget request, fiscal year 2017 ................................................................. ¥150,000,000 (¥150,000,000) 

1 Includes $150,000,000 requested for new programs called 21st Century Clean Transportation Plan Investments. 

This limitation controls FMCSA spending on salaries, operating 

expenses, and research. It provides resources to support motor carrier safety program activities and to maintain the agency’s administrative infrastructure. This funding supports nationwide motor 


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carrier safety and consumer enforcement efforts, including the 

Compliance, Safety, and Accountability Program, regulation and 

enforcement of freight transport, and federal safety enforcement at 

the U.S. borders. These resources also fund regulatory development 

and implementation, information management, research and technology, grants to state and local partners, safety education and outreach, and the safety and consumer telephone hotline. 

COMMITTEE RECOMMENDATION

The Committee recommends $277,200,000 in liquidating cash for 

motor carrier safety operations and programs. The Committee also 

recommends limiting obligations from the highway trust fund to 

$277,200,000 for motor carrier safety operations and programs in 

fiscal year 2017. These levels are $9,800,000 above the fiscal year 

2016 enacted level and $150,000,000 below the budget request. 

The Committee continues bill language specifying funding 

amounts for the research and technology program available until 

September 30, 2019. 

Bus lease and interchange rule.—On March 16, 2016, FMCSA announced it was extending the compliance date for its final rule concerning the lease and interchange of passenger carrying motor vehicles based on issues raised in numerous petitions for reconsideration. The Committee directs FMCSA to expeditiously complete its 

review and modify the rule to resolve the issues raised, and ensure 

the rule appropriately targets unsafe passenger carriers without 

unduly interfering in compliant business operations. If FMCSA is 

unable to effect a modification of the rule by January 2018, the 

Committee expects FMCSA to grant an additional extension until 

the rule can be modified. 

Commercial permitting and licensing.—The Committee recognizes security concerns exist regarding licensing of commercial 

drivers and issuing commercial learner’s permits. However, the demand for commercial truck drivers continues to rise. The Committee encourages FMCSA to work with the states and industry on 

balancing the mitigation of security concerns with the needs of the 

commercial driving workforce and industry. 

The FMCSA shall deliver a report to the House and Senate Committees on Appropriations within 90 days of enactment on the history of domicile requirements for commercial drivers, including requirements for military personnel stationed outside of their home 

state, the feedback and concerns posed by states and other stakeholders, and the potential for improvements to domicile requirements for commercial permitting and licensing. 

The Committee recognizes the commercial driving industry faces 

workforce shortfalls. In an effort to minimize unnecessary barriers 

to entry to the commercial driving industry, the Committee directs 

FMSCA to evaluate the merits of a pilot program for permitting 

states to license drivers 18 to 21 years old, and report recommendations to the House and Senate Committees on Appropriations within 180 days of enactment. As part of this evaluation, 

FMSCA shall gather input from states on a pilot program. 

Natural gas vehicles.—The Secretary is encouraged to assess new 

developments and advances with respect to natural gas vehicles, to 

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ural gas fuel tanks and fuel systems on commercial motor vehicles, 

to revise and update regulations for compressed natural gas (CNG) 

cylinders, including inspection requirements for such cylinders, to 

issue guidelines on the ability of bus manufacturers to deploy transit buses that have roof-top mounted CNG cylinders, and to clarify 

through guidance that rules restricting alternative fuel vehicle access to bridges and tunnels should not be any more restrictive than 

those addressing gasoline and diesel fueled vehicles. 

MOTOR CARRIER SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Liquidation of contract authorization Limitation on 

obligations 

Appropriation, fiscal year 2016 ......................................................................... $313,000,000 ($313,000,000) 

Budget request, fiscal year 2017 ..................................................................... 367,000,000 (367,000,000) 

Recommended in the bill .................................................................................. 367,000,000 (367,000,000) 

Bill compared with: 

Appropriation, fiscal year 2016 .................................................................... +54,000,000 (+54,000,000) 

Budget request, fiscal year 2017 ................................................................. – – – – – – 

FMCSA’s motor carrier safety grants are used to support compliance reviews in the states, identify and apprehend traffic violators, 

conduct roadside inspections, and conduct safety audits of new entrant carriers. Additionally, grants are provided to states for safety 

enforcement at the U.S. borders, improvement of state commercial 

driver’s license oversight activities, and improvements in linking 

states’ motor vehicle registration systems and carrier safety data. 

COMMITTEE RECOMMENDATION

The Committee recommends $367,000,000 in liquidating cash for 

this program, as well as a $367,000,000 limitation on obligations, 

in fiscal year 2017. These levels are $54,000,000 above the fiscal 

year 2016 enacted level and the same as the budget request. 

The Committee recommends the following obligation limitations 

for grants funded under this account: 

Motor carrier safety assistance program ....................................................................................................... ($292,600,000) 

High priority activities program ..................................................................................................................... (42,200,000) 

Commercial motor vehicle operator grants program ..................................................................................... (1,000,000) 

Commercial driver’s license program implementation program ................................................................... (31,200,000) 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY

ADMINISTRATION

Section 130 subjects the funds appropriated in this Act to certain 

terms and conditions regarding Mexican-domiciled motor carriers. 

Section 131 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 132 suspends enforcement of changes made to the restart 

provisions of the hours of service regulation that went into effect 


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on July 1, 2013, and clarifies congressional intent that DOT shall 

continue to enforce the restart provisions that were in effect prior 

to those changes. 

Section 133 prohibits funds from being used for a wireless roadside inspection program until 180 days after the Secretary makes 

specific certifications to the House and Senate Committees on Appropriations. 

Section 134 clarifies the preemption of state and local laws and 

regulations by federal laws and regulations related to motor carrier 

driver hours of service, and makes such preemption retroactive to 

the date of enactment of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305). 

Section 135 prohibits funds from being used to amend, revise, or 

otherwise modify safety fitness determination regulations until certain conditions are met. 

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION

The National Highway Traffic Safety Administration (NHTSA) 

was established in March of 1970 to administer motor vehicle and 

highway safety programs. It was the successor agency to the National Highway Safety Bureau, which was housed in the Federal 

Highway Administration. 

NHTSA’s mission is to save lives, prevent injuries, and reduce 

economic costs due to road traffic crashes through education, research, safety standards, and enforcement activity. To accomplish 

these goals, NHTSA establishes and enforces safety performance 

standards for motor vehicles and motor vehicle equipment, investigates safety defects in motor vehicles, and conducts research on 

driver behavior and traffic safety. 

NHTSA provides grants and technical assistance to state and 

local governments to enable them to conduct effective local highway 

safety programs. Together with state and local partners, NHTSA 

works to reduce the threat of drunk, impaired, and distracted drivers, and to promote policies and devices with demonstrated safety 

benefits including helmets, child safety seats, airbags, and graduated licenses. 

NHTSA establishes and ensures compliance with fuel economy 

standards, investigates odometer fraud, establishes and enforces 

vehicle anti-theft regulations, and provides consumer information 

on a variety of motor vehicle safety topics. 

COMMITTEE RECOMMENDATION

The Committee recommends a total of $918,327,000 for NHTSA, 

which is $49,295,000 above the fiscal year 2016 enacted level and 

$262,945,000 below the budget request. 

The following table summarizes the Committee’s recommendations: 

2016 enacted 2017 request Committee 

recommendation 

Operations and research (general fund and highway trust fund) ........ $295,700,000 1 $595,900,000 $332,955,000 

Highway traffic safety grants (highway trust fund) .............................. 573,332,000 585,372,000 585,372,000 

Total ............................................................................................... 869,032,000 1,181,272,000 918,327,000 

1 Includes $200,000,000 requested for new programs called 21st Century Clean Transportation Plan Investments. 


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The Committee recommends funding levels that provide NHTSA 

with sufficient resources to continue its critical work improving the 

safety of passenger travel on the nation’s highway system. 

OPERATIONS AND RESEARCH

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

(General fund) 1 (Highway trust 

fund) 2 Total 

Appropriation, fiscal year 2016 ............................................................ $152,800,000 $142,900,000 $295,700,000 

Budget request, fiscal year 2017 ......................................................... 250,000,000 345,900,000 595,900,000 

Recommended in the bill ..................................................................... 187,055,000 145,900,000 332,955,000

Bill compared to: 

Appropriation, fiscal year 2016 ....................................................... +34,255,000 +3,000,000 +37,255,000 

Budget request, fiscal year 2017 .................................................... ¥62,945,000 ¥200,000,000 ¥262,945,000 

1 For comparison purposes, the table does not reflect the budget proposal to fund all of NHTSA’s Operations and Research activities with 

mandatory budget authority. 2 Request includes $200,000,000 for autonomous vehicle development that is within new programs called 21st Century Clean Transportation 

Plan Investments. 

The operations and research appropriations support research, 

demonstrations, technical assistance, and national leadership for 

highway safety programs. Many of these programs are conducted 

in partnership with state and local governments, the private sector, 

universities, research units, and various safety associations and organizations. These programs address alcohol and drug countermeasures, vehicle occupant protection, traffic law enforcement, 

emergency medical and trauma care systems, traffic records and licensing, traffic safety evaluations, motorcycle safety, pedestrian 

and bicycle safety, pupil transportation, distracted and drowsy 

driving, young and older driver safety programs, and development 

of improved accident investigation procedures. 

COMMITTEE RECOMMENDATION

The Committee recommends $332,955,000, which is $37,255,000 

above the fiscal year 2016 enacted level and $262,945,000 below 

the budget request. Of this total, $187,055,000 is from the general 

fund for operations and vehicle safety research, and $145,900,000 

is from the highway trust fund for operations and behavioral highway safety research. The Committee rejects the request to fund vehicle safety activities out of the highway trust fund rather than the 

general fund. The recommendation includes a $24,000,000 increase 

for safety defects investigation, a $7,200,000 increase for vehicle 

electronics and emerging technologies, and $3,000,000 to fund 

grants to States that use their vehicle registration process to notify 

vehicle owners and lessees of any open recalls on their vehicles as 

authorized under Section 24105 of the FAST Act (Pub. L. 114–94). 

Office of safety defects investigations.—The office of safety defects 

investigation (ODI) enhances safety by allowing NHTSA to investigate motor vehicles and motor vehicle equipment for possible defect trends, and where appropriate, seek recalls of vehicles and 

equipment that pose an unreasonable safety risk. The multiple 

deadly automobile equipment failure crises, which have occurred in 


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recent years, underscore the importance of a robust defect investigation and recall capability. To support improvements in this 

area, the Committee recommendation provides a significant increase in resources for ODI to enhance and expand this critical 

function, and to ensure NHTSA remains on track to not only implement, but also sustain all DOT Office of the Inspector General 

(OIG) recommendations from the 2011, 2015, and 2016 ODI audit 

reports. The Committee expects ODI to expand stakeholder outreach for the reporting of potential safety problems, to significantly 

enhance data gathering and analysis capabilities, and to promptly 

resolve and respond to safety investigation petitions. The Committee directs NHTSA to report to the House and Senate Committees on Appropriations within 30 days of enactment with a detailed 

2017 expenditure plan for ODI that also includes an assessment of 

its implementation of all OIG audit recommendations. The Committee further directs the OIG to continue to assess NHTSA’s 

progress in implementation of its recommendations for ODI and to 

report to the House and Senate Committees on Appropriations 

within 90 days of enactment of this Act on the agency’s progress. 

Vehicle electronics and emerging technology.—As vehicle safety 

features like autonomous driving continue to advance, it is imperative that NHTSA have a clear understanding of these new technologies and related cybersecurity issues. Understanding how technology advances are evolving and converging will ensure that consumers, regulators, and safety advocates are best able to navigate 

and implement new vehicle capabilities. To forward this understanding, the Committee recommendation provides $10,800,000 for 

vehicle electronics and emerging technologies research, a 

$7,200,000 increase above the fiscal year 2016 enacted level. 

Vehicle safety rulemaking safety standards support.—NHTSA’s 

vehicle safety rulemaking safety standards support is funded at the 

request. This funding will allow NHTSA to provide the technical 

support needed to develop motor vehicle safety standards, including implementation of the provisions of the Tire Efficiency, Safety, 

and Registration Act of 2015 that were included in the FAST Act. 

Funding will support the planning, infrastructure, and outreach to 

support the electronic registration of tires by independent dealers, 

as well as facilitate a publicly available tire identification number 

search application. 

Highway-rail grade crossing safety.—NHTSA has vast experience 

in addressing driver behaviors that threaten highway safety. Highway-rail grade crossings pose a major risk to highway safety and 

are an ongoing challenge for the safety community. Eliminating the 

most hazardous grade crossings will help reduce the risk to automobile and train passengers. The Committee urges NHTSA to work 

with states to target resources toward the most hazardous crossings. Additionally, increased public awareness will help educate 

drivers on the dangers of entering active highway-rail grade crossings. Therefore, the Committee provides $6,500,000 for NHTSA to 

develop a high visibility enforcement paid-media campaign in the 

area of highway-rail grade crossing safety. The Committee directs 

NHTSA to coordinate these resources with the media on other 

highway safety campaigns, and to work collaboratively with the 


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Federal Railroad Administration on the campaign’s message development. 

Marijuana-impaired driving study.—The Committee directs the 

National Highway Traffic Safety Administration, in coordination 

with the National Institute on Drug Abuse and other related agencies, to conduct a study of marijuana-impaired driving to fulfill the 

requirement of Section 4008 of the Funding America’s Surface 

Transportation Act (Public Law 114–94). The study shall examine 

methods to detect marijuana impaired driving, including devices 

capable of measuring marijuana levels in motor vehicle operators, 

impairment standards research for driving under the influence of 

marijuana, methods to differentiate the cause of driving impairment between alcohol and marijuana, state-based policies on marijuana impaired driving, and the role and extent of marijuana impairment in motor vehicle accidents. 

Plastics and polymer-based composite materials.—The Committee 

recognizes the importance that plastics and polymer composites 

play in reducing vehicle weight. They provide vehicle manufacturers with innovative tools to reduce fuel consumption and, by association, vehicle emissions, including air toxics and greenhouse gasses. As manufacturers plan for future fleets, composite materials 

offer benefits for meeting new targets established under NHTSA’s 

recent vehicle fuel efficiency rules. At the same time, the Committee recognizes that composite manufacturing is a new and growing industry, providing highly skilled jobs in the automotive industry. The Committee directs NHTSA’s vehicle safety research program to accelerate the advancement of the state of the art for computer modeling of advanced plastics and polymer composites, including testing and evaluation techniques, while validating the 

safety performance of plastics and polymer composites in structural 

applications for the automotive industry in fiscal year 2017. The 

program will help facilitate a foundation of cooperation between 

DOT, the Department of Energy, and industry stakeholders for the 

development of safety-centered approaches for future light-weight 

automotive design. 

HIGHWAY TRAFFIC SAFETY GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Liquidation of contract 

authorization 

Limitation on 

obligation 

Appropriation, fiscal year 2016 ............................................................................... $573,332,000 ($573,332,000) 

Budget request, fiscal year 2017 ........................................................................... 585,372,000 (585,372,000) 

Recommended in the bill ........................................................................................ 585,372,000 (585,372,000) 

Bill compared with: 

Appropriation, fiscal year 2016 .......................................................................... +12,040,000 +(12,040,000) 

Budget request, fiscal year 2017 ....................................................................... – – – – – – 

The highway traffic safety state grant programs authorized 

under the FAST Act include: Highway Safety Programs, the National Priority Safety Programs, and the High Visibility Enforcement Program. 


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These grant programs provide resources to states for highway 

safety programs that are data-driven and that meet states’ most 

pressing highway safety problems. They are a critical asset in reducing highway traffic fatalities and injuries. 

COMMITTEE RECOMMENDATION

The Committee recommends $585,372,000 in liquidating cash 

from the highway trust fund to pay outstanding obligations of the 

highway safety grant programs at the levels provided in this Act 

and prior appropriations Acts. The Committee also recommends 

limiting the obligations from the highway trust fund in fiscal year 

2017 for the highway traffic safety grants programs to 

$585,372,000. These levels are $12,040,000 above the fiscal year 

2016 enacted level and the same as the budget request. The recommendation includes $5,494,000 for the driver alcohol detection 

system for safety (DADSS) program, which funds in-vehicle alcohol 

detection device research. 

The Committee recommends the following funding allocations for 

grant programs: 

Highway safety programs (section 402) ............................................ ($252,300,000) 

National priority safety programs (section 405) .............................. (277,500,000) 

High visibility enforcement program ................................................ (29,500,000) 

Administrative expenses .................................................................... (26,072,000) 

Driver alcohol detection system for safety (DADSS).—The FAST 

Act includes a total of $21,248,000 million through fiscal year 2020 

for the ongoing advanced drunk driving detection technology program known as DADSS. The DADSS program is an ambitious public-private research effort to develop a publicly-acceptable and commercially-viable technology that will prevent a drunk driver (at or 

over 0.08 BAC) from operating a vehicle. Technology development 

progress to date was demonstrated at DOT headquarters in June 

2015. The accompanying bill includes $5,494,000 for continued research, the amount requested by NHTSA for fiscal year 2017. In 

light of the significant life-saving potential of the program, approximately 7,000 lives annually, the Committee urges NHTSA to take 

steps to accelerate the program, including additional support from 

the auto industry partners in this activity. 

Safety promotional materials.—For the purpose of federal grants 

administered by NHTSA, safety equipment purchased for traffic 

safety educational trainings, such as child car seats, bicycle helmets and lights, and reflective vests, shall not be considered promotional materials or memorabilia. 

ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY

ADMINISTRATION

Section 140 provides limited funding for travel and related expenses associated with state management reviews and highway 

safety core competency development training. 

Section 141 exempts from the current fiscal year’s obligation limitation any obligation authority that was made available in previous public laws. 

Section 142 prohibits funding for the national roadside survey 

and further prohibits NHTSA from funding other roadside surveys. 


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Section 143 prohibits funds from being used to mandate global 

positioning system tracking without providing full and appropriate 

consideration of privacy concerns under 5 U.S.C. Chapter 5, subchapter II. 

FEDERAL RAILROAD ADMINISTRATION

The Federal Railroad Administration (FRA) was established by 

the Department of Transportation Act, on October 15, 1966. The 

FRA plans, develops, and administers programs and regulations to 

promote the safe operation of freight and passenger rail transportation in the United States. The U.S. railroad system consists of 

over 650 railroads with 200,000 freight employees, 171,000 miles of 

track, and 1.35 million freight cars. In addition, the FRA continues 

to oversee grants to the National Railroad Passenger Corporation 

(Amtrak) with the goal of assisting Amtrak with improvements to 

its passenger service and physical infrastructure. 

SAFETY AND OPERATIONS

Appropriation, fiscal year 2016 ......................................................... $199,000,000 

Budget request, fiscal year 2017 ....................................................... 213,298,000 

Recommended in the bill ................................................................... 207,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +8,000,000 

Budget request, fiscal year 2017 ................................................... ¥6,298,000 

The safety and operations account provides funding for FRA’s 

safety program activities related to passenger and freight railroads. 

Funding also supports salaries and expenses and other operating 

costs related to FRA staff and programs. 

COMMITTEE RECOMMENDATION

The Committee recommends $207,000,000 for safety and operations, which is $8,000,000 above the fiscal year 2016 enacted level 

and $6,298,000 below the budget request. Of the amount provided 

under this heading, $15,900,000 is available until expended. The 

recommended level fully funds personnel provided in fiscal year 

2016, and does not provide additional positions in fiscal year 2017. 

Nationwide bridge safety.—The Committee is concerned about increasing traffic volume and load traveling over aging bridges. In 

2010, FRA issued a bridge safety standards rule requiring railroad 

track owners to implement bridge management programs that include procedures for determining bridge load capacities and inspecting bridges. An IG audit published April 21, 2016, revealed 

significant gaps in FRA’s leadership, management, and oversight of 

track owner’s compliance with bridge safety standards. It found 

that FRA did not have a comprehensive list of track owners that 

must comply with bridge standards, had not developed guidance on 

prioritization of track owners for bridge safety reviews, and did not 

have guidance for its specialists on conducting bridge safety reviews. In addition, it did not have guidance on how to track and 

follow up on non-compliance and recommend civil penalties. 

The Committee notes that FRA concurred with and is addressing 

each of the IG’s recommendations. Implementation of these improvements will allow FRA to ensure effective deployment of overVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00043 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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sight resources to the highest risk track owners and ensure its specialists appropriately address all safety issues. 

To advance this effort, the Committee’s recommendation includes 

$500,000 for a nationwide bridge inventory. These funds will allow 

FRA to create a web-based portal to collect electronic data from 

railroads on the number, condition of bridges, and date of last inspection. 

Railroad safety information system (RSIS).—The recommendation includes a total of $4,300,000 for RSIS, an increase of 

$500,000. This will increase the capabilities of FRA’s principal repository of safety data, and allows FRA to enforce safety regulation 

that have data collection and management requirements. 

Automated track inspection program (ATIP).—The Committee’s 

recommendation includes $10,500,000 for ATIP, an increase of 

$700,000. ATIP uses track geometry measurement vehicles to automatically measure track conditions. These vehicles supplement the 

work of FRA’s inspectors to ensure railroads are compliant with the 

FRA Track Safety Standards. 

The Committee emphasizes the importance of robust data collection and analysis during track inspection operations, and encourages the FRA and the private rail industry to increase the use of 

predictive analytics, trend spotting, and targeted audits stemming 

from track inspection data. Utilizing real-time track data in concert 

with predictive modelling will provide for a more efficient use of inspectors and track inspection programs as a whole. We encourage 

close collaboration between FRA and the private rail industry to 

better focus urgent attention on areas of greatest need. 

Safe transportation of energy products.—The Committee includes 

funding for FRA’s safe transport of energy products programs. 

These include crude oil safety inspectors, safety route managers 

and tank car quality assurance specialists, tank car research and 

increased mileage of ATIP on routes that carry energy produces. 

Passenger rail between Mexico & United States.—The Committee 

understands that standards or protocols for passenger rail between 

the United States and Mexico do not currently exist. The Committee encourages FRA to work with all relevant state and federal 

agencies and their Mexican counterparts to study what standards 

and protocols are needed to facilitate a passenger and freight rail 

line between the United States and Mexico, in Texas, and other 

international land crossings. 

Congestion at international rail crossings.—The Committee understands that there are a number of international rail crossings 

where the switching of train operators has caused delays and resulted in street blockage on the United States side of the border. 

GAO conducted an assessment of best practices that can be used 

to reduce rail border crossing times and reduce the blockage of 

street crossings. The Committee encourages the Secretary of Transportation to improve the availability of national data to quantify 

freight trends, impacts on local traffic and continue to work with 

all relevant state and federal agencies and their Mexican counterparts to harmonize regulations and address congestion at international rail crossings per the recommendations made in the GAO 

report. The Committee directs FRA to report to the Committee on 

its progress within 90 days of the enactment of this Act. 


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System safety and risk reduction programs.—The Committee recognizes that continued investments in critical rail infrastructure 

programs will make our rails, railcars, and trains safer for all who 

use them. Therefore, the Committee urges the Federal Railroad Administration to prioritize investments in the development of technologies designed to verify the functional performance of complex 

electronic systems such as: positive train control, electronically controlled pneumatic brakes, automated train control, passenger door 

control, train communications, train environmental control, and 

railcar signs. 

Freight rail information sharing.—Timely, accurate, and accessible data about freight rail movements is critical to understanding 

the multimodal movement of freight across the country. The Committee understands the FRA receives detailed information about 

freight volumes and performance metrics on Class 1 railroads on 

a weekly basis from the American Association of Railroad Companies. The Committee encourages FRA to continue to work with the 

freight rail industry and encourage rail companies to share data 

about freight movements, including system volumes, detailed speed 

and volume for individual terminals and lines, and transit times 

through critical rail bottlenecks like Chicago. This information will 

enhance local, state, and national transportation, track progress 

over time and identify key barometers of the rail system’s overall 

health. 

RAILROAD RESEARCH AND DEVELOPMENT

Appropriation, fiscal year 2016 ......................................................... $39,100,000 

Budget request, fiscal year 2017 ....................................................... 53,500,000 

Recommended in the bill ................................................................... 43,100,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +4,000,000 

Budget request, fiscal year 2017 ................................................... ¥10,400,000 

The railroad research and development program provides science 

and technology support for FRA’s policy and regulatory efforts. The 

program’s objectives are to reduce the frequency and severity of 

railroad accidents through scientific advancement, and to support 

technological innovations in conventional and high speed railroads. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $43,100,000 for 

railroad research and development, which is $4,000,000 above the 

fiscal year 2016 enacted level and $10,400,000 less than the budget 

request. 

Safe transportation of energy products (STEP).—The Committee 

provides $2,000,000 for FRA to research and mitigate risks associated with frequent and large volume rail transport of crude oil. 

Southeast Corridor Rail Commission.—The Committee’s recommendation includes $1,000,000 to stand-up the Southeast Corridor Rail Commission. The Commission will develop a regional rail 

plan and improve mutual cooperation and planning between states 

and stakeholders. 

Short-line safety.—The Committee’s recommendation includes 

$2,000,000 to improve safety practices and safety training for Class 

II and Class III freight railroads. This supports FRA’s initiative to 


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partner with short-line and regional railroads to build a stronger, 

sustainable safety culture in this segment of the rail industry. The 

initiative will support safety compliance assessments and training 

on short lines that transport crude oil. 

Intelligent railroad systems.—The Committee’s recommendation 

includes $1,000,000 to facilitate research with universities on intelligent railroad systems. 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM

The Railroad Rehabilitation and Improvement Financing (RRIF) 

program was established by Public Law 109–178 to provide direct 

loans and loan guarantees to state and local governments, government-sponsored entities, and railroads. Credit assistance under the 

program may be used for rehabilitating or developing rail equipment and facilities. No federal appropriation is required to implement the program, because a non-federal partner may contribute 

the subsidy amount required by the Credit Reform Act of 1990 in 

the form of a credit risk premium. 

The Committee includes bill language specifying that no new direct loans or loan guarantee commitments may be made using federal funds for the payment of any credit premium amount during 

fiscal year 2017, except for federal funds awarded in accordance 

with section 3028(c) of Public Law 114–94. 

RAIL SERVICE IMPROVEMENT PROGRAM

Appropriation, fiscal year 2016 ......................................................... – – – 

Budget request, fiscal year 2017 ....................................................... 1 $3,700,000,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥3,700,000,000 1The Administration’s budget requested $3,700,000,000 in mandatory spending from the Highway Trust 

Fund for an unauthorized rail service improvement program. 

The FRA budget documents include a new rail service improvement program. The program is a new, unauthorized program that 

results in mandatory spending. 

COMMITTEE RECOMMENDATION

The Committee recommends no funding for the rail service improvement program in fiscal year 2017. The recommendation is the 

same as the fiscal year 2016 enacted level, and $3,700,000,000 

below the budget request. 

CURRENT PASSENGER RAIL SERVICE PROGRAM

Appropriation, fiscal year 2016 ......................................................... – – – 

Budget request, fiscal year 2017 ....................................................... 1 $2,300,000,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥2,300,000,000 1The Administration requested $2,300,000,000 in mandatory spending from the Highway Trust Fund for 

an unauthorized rail service improvement program. 

In fiscal year 2017, the FRA requested a new current passenger 

rail service program that replaces the National Railroad Passenger 

Corporation appropriation. It is an unauthorized program that results in mandatory spending. 


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COMMITTEE RECOMMENDATION

The Committee recommends no funding for the current passenger rail service program in fiscal year 2017; instead the Committee provides funds for this purpose consistent with the Public 

Law 114–94, the FAST Act. The recommendation is the same as 

the fiscal year 2016 enacted level and $2,300,000,000 below the 

budget request. 

FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR

Appropriation, fiscal year 2016 ......................................................... 1 – – – Budget request, fiscal year 2017 ....................................................... 2 – – – Recommended in the bill ................................................................... $25,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... – – – 

1The fiscal year 2016 Appropriations Act included $19,163,000 for capital projects on the Northeast Corridor. 2The budget request provided funding for these purposes under a mandatory unauthorized program. 

The FAST Act authorized the federal-state partnership for state 

of good repair under section 11302. The purpose of these grants is 

to reduce the state of good repair backlog on publically-owned or 

Amtrak-owned infrastructure, equipment, and facilities. Eligible activities include capital projects to (1) replace existing assets in-kind 

or with assets that increase capacity or service levels, (2) ensure 

that service can be maintained while existing assets are brought 

into a state of good repair, (3) bring existing assets into a state of 

good repair. 

COMMITTEE RECOMMENDATION

The Committee recommends $25,000,000 for the federal-state 

partnership for state of good repair grants, $25,000,000 more than 

the fiscal year 2016 enacted level and $25,000,000 more than the 

budget request. 

CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS

GRANTS

Appropriation, fiscal year 2016 ......................................................... 1 – – – Budget request, fiscal year 2017 ....................................................... 2 – – – Recommended in the bill ................................................................... $25,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +25,000,000 

Budget request, fiscal year 2017 ................................................... +25,000,000 

1 Rail Safety Grants, a program with some similar eligibilities, received $50,000,000 in fiscal year 2016. 

2The budget request provided funding for these purposes under the rail service improvement program, a 

mandatory, unauthorized program. 

Authorized under Section 11301 of the FAST Act, the purpose of 

the consolidated rail infrastructure and safety improvement 

(CRISI) grants is to improve the safety, efficiency, and reliability 

of passenger and freight rail systems. Eligible activities include a 

wide range of capital, regional and corridor planning, environmental analyses, research, workforce development, and training 

projects. 

COMMITTEE RECOMMENDATION

The Committee recommends $25,000,000 for CRISI grants, 

$25,000,000 more than the fiscal year 2016 enacted level and 


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$25,000,000 more than the budget request. The Committee recognizes that communities with high volume international inland 

ports on the U.S.-Mexico border face unique transportation challenges caused by international trade. The Committee encourages 

the agency to consider the impacts of these freight movements, including traffic, highway-rail grade crossings, congestion and safety 

when awarding grants. 

GRANTS TO THE NATIONAL RAILROAD PASSENGER CORPORATION

(AMTRAK)

Amtrak, created as a for-profit business in 1970, operates trains 

over 20,000 miles of track owned by freight railroad carries, and 

over about 654 miles of its own track, most of which is on the 

Northeast Corridor (NEC) from Washington, D.C., to Boston, Massachusetts. Amtrak operates both electrified trains, which can 

achieve speeds of up to 150 mph on the highest quality track on 

the NEC, and diesel locomotives, which currently can achieve 

speeds between 74–110 miles per hour. 

Amtrak runs a deficit each year and requires a federal subsidy 

to cover its losses. In the past, it was impossible to discern from 

Amtrak’s or FRA’s budget request or other publicly available data 

federal funds required to operate Amtrak’s network by line of business. In fact, funding requests consistently exceeded operating 

losses by one-third. 

The FAST Act authorizes funds for Amtrak through 2020 under 

a new structure that includes two lines of businesses, the Northeast Corridor (NEC) that runs from Boston to Washington, D.C., 

and the National Network (which encompasses Amtrak’s state-supported and long-distance routes, as well as other non-NEC activities). Amtrak’s annual Federal funding was previously provided 

through an operating grant and a capital/debt grant. This new account structure, when combined with new planning and reporting 

requirements focused on Amtrak’s business lines and asset categories, will significantly improve the transparency of Amtrak 

funding and the delivery of its services. It is now transparent to 

Congress and the American taxpayers where Amtrak is using is 

federal appropriations. 

The Committee recommends $1,420,000,000 for Amtrak, an increase of $30,000,000 from the fiscal year 2016 enacted level. The 

Committee provides funding consistent with the authorized structure. 

Congressional budget justification.—The Committee appreciates 

the level of detail in the fiscal year 2017 budget justification and 

directs Amtrak to submit justification with a similar level of detail 

for fiscal year 2018. 

NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD

PASSENGER CORPORATION

Appropriation, fiscal year 2016 ......................................................... 1 – – – Budget request, fiscal year 2017 ....................................................... – – – 

Recommended in the bill ................................................................... $420,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... – – – 

1 In fiscal year 2016, funds were provided in a different structure. 


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2The budget request included $2,300,000,000 in mandatory funds for Amtrak. 

The Committee recommends $420,000,000 for grants to the 

northeast corridor for operating and capital purposes. In addition 

to these funds, the Northeast Corridor retains its operating profits 

for use on the corridor. This funding level provides $5,000,000 to 

the Northeast Corridor Commission established under section 

24905 of title 49, United States Code. 

NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER

CORPORATION

Appropriation, fiscal year 2016 ......................................................... 1 – – – Budget request, fiscal year 2017 ....................................................... 2 – – – Recommended in the bill ................................................................... $1,000,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... – – – 

1 In fiscal year 2016, funds were provided in a different structure. 

2The budget request included $2,300,000,000 in mandatory funds for Amtrak. 

The Committee recommends $1,000,000,000 for national network 

grants to Amtrak. These funds subsidize operating and capital 

losses on Amtrak’s long-distance routes, state-supported routes, as 

well as other non-NEC activities. The FAST Act allows Amtrak to 

transfer operating profits from the Northeast Corridor to this appropriation under certain conditions. 

ADMINISTRATIVE PROVISIONS

Section 150. The Commission continues a provision that limits overtime to $35,000 per employee, allows Amtrak’s president to 

waive this restriction for specific employees for safety or operational efficiency reasons, and requires notification to the House 

and Senate Committees on Appropriations within 30 days of granting such waivers. It also requires Amtrak to submit an annual report summarizing overtime payments incurred by the Corporation 

for calendar year 2017 and the prior three years. The summary 

shall include total number of employees that received waivers, total 

overtime payments paid to employees receiving waivers for each 

month for 2017 and the prior three calendar years. 

FEDERAL TRANSIT ADMINISTRATION

The Federal Transit Administration (FTA) was established as a 

component of the Department of Transportation on July 1, 1968, 

when most of the functions and programs under the Federal Transit Act (78 Stat. 302; 49 U.S.C. 1601 et seq.) were transferred from 

the Department of Housing and Urban Development. Known as the 

Urban Mass Transportation Administration until enactment of the 

Intermodal Surface Transportation Efficiency Act of 1991, the Federal Transit Administration administers federal financial assistance programs for planning, developing, and improving comprehensive mass transportation systems in both urban and non-urban 

areas. 

The most recent authorization for the programs under the Federal Transit Administration is contained in the Fixing America’s 

Surface Transportation Act (P.L. 114–94) and extensions. Annual 

Appropriations Acts included annual limitations on obligations for 

the transit formula grants programs, and direct appropriations of 


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budget authority from the general fund of the Treasury for the 

FTA’s administrative expenses, some research programs, and capital investment grants. 

ADMINISTRATIVE EXPENSES

Appropriation, fiscal year 2016 ......................................................... $108,000,000 

Budget request, fiscal year 2017 ....................................................... 115,017,000 

Recommended in the bill ................................................................... 110,665,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +2,665,000 

Budget request, fiscal year 2017 ................................................... ¥4,352,000 

COMMITTEE RECOMMENDATION

The Committee recommends a total of $110,665,000 for FTA’s administrative expenses, a decrease of $4,352,000 below the budget 

request and an increase of $2,665,000 above the 2016 enacted level. 

The Committee’s recommendation provides these funds from the 

General Fund, as usual, and rejects the proposal to fund basic salaries and expenses from a trust fund. The request was a significant 

increase over the fiscal year 2016 level and proposed 39 new FTE. 

The Committee provided a moderate funding increase and directs 

FTA to target FTE increases to the following offices: safety, planning, budget, and regional offices. 

Operating plans.—The Committee reiterates its direction from 

previous years that requires the FTA’s operating plan to include a 

specific allocation of administrative expenses resources. The operating plan should include a delineation of full time equivalent employees, for the following offices: Office of the Administrator; Office 

of Administration; Office of Chief Counsel; Office of Communications and Congressional Affairs; Office of Program Management; 

Office of Budget and Policy; Office of Research, Demonstration and 

Innovation; Office of Civil Rights; Office of Planning and Environment; Office of Safety and Oversight; and regional offices. Further, 

the operating plan must include any new programs or changes to 

the budget request, including new grant programs. In addition, the 

Committee directs FTA to notify the House and Senate Committees 

on Appropriations at least thirty days in advance of any change 

that results in an increase or decrease of more than five percent 

from the initial operating plan submitted to the Committees for fiscal year 2017. 

Budget justifications.—FTA’s budget justification for fiscal year 

2017 is a tremendous improvement over the prior year’s document. 

From the various resource tables to the thoughtful narratives to 

each administrative provision justification—the agency’s effort and 

attention given to producing a quality budget justification is greatly appreciated. The Committee strongly encourages FTA to continue the format and content in the fiscal year 2018 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, 

2017. 

Transit security.—The Committee continues bill language prohibiting FTA from creating a permanent office of transit security. 

Full funding grant agreements (FFGAs).—Title 49 requires that 

the FTA notify the House and Senate Committees on AppropriaVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00050 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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tions as well as the House Committee on Transportation and Infrastructure and the Senate Committee on Banking sixty days before 

executing a full funding grant agreement. In its notification to the 

House and Senate Committees on Appropriations, the Committee 

directs the FTA to include the following: (1) a copy of the proposed 

full funding grant agreement; (2) the total and annual federal appropriations required for that project; (3) yearly and total federal 

appropriations that can be reasonably planned or anticipated for 

future FFGAs for each fiscal year through 2021; (4) a detailed analysis of annual commitments for current and anticipated FFGAs 

against the program authorization, by individual project; (5) a financial analysis of the project’s cost and sponsor’s ability to finance 

the project, which shall be conducted by an independent examiner 

and which shall include an assessment of the capital cost estimate 

and the finance plan; (6) the source and security of all public- and 

private-sector financial instruments; (7) the project’s operating 

plan, which enumerates the project’s future revenue and ridership 

forecasts; and (8) a listing of all planned contingencies and possible 

risks associated with the project. 

The Committee continues the direction to FTA to inform the 

House and Senate Committees on Appropriations in writing thirty 

days before approving schedule, scope, or budget changes to any 

full funding grant agreement. Correspondence relating to changes 

shall include any budget revisions or program changes that materially alter the project as originally stipulated in the full funding 

grant agreement, including any proposed change in rail car procurements. 

In addition, the Committee directs FTA to continue reporting 

monthly to the House and Senate Committees on Appropriations on 

the status of each project with a full funding grant agreement or 

that is within two years of a full funding grant agreement. 

Oil re-refining.—Studies conducted by National Laboratories and 

other federal agencies conclude that the re-refining of used motor 

oils into regenerated base oils achieve substantial energy conservation and environmental benefits while meeting all applicable industry standards for quality. The continued and expanded acceptance 

of the practice of recycling used motor oil through the process of 

re-refining, including in the management of federal and local transit agency fleets, will be essential to capturing these benefits. The 

Committee encourages FTA to consider the development of voluntary programs to encourage local transit fleets to promote sustainable used oil management, recycling, and procurement. 


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TRANSIT FORMULA GRANTS

(LIQUIDATION OF CONTRACT AUTHORIZATION)

(LIMITATION ON OBLIGATIONS)

(HIGHWAY TRUST FUND)

Liquidation of 

contract authorization 

Limitation on 

obligations 

Appropriation, fiscal year 2016 ............................................................... $10,400,000,000 $9,347,605,000 

Budget request, fiscal year 2017 ........................................................... 10,800,000,000 9,733,706,000 

Recommended in the bill ........................................................................ 10,800,000,000 9,733,706,000 

Bill compared with: 

Appropriation, fiscal year 2016 .......................................................... +400,000,000 +386,101,000 

Budget request, fiscal year 2017 ....................................................... – – – – – – 

The FAST Act provides contract authority for the transit formula 

grant programs from the mass transit account of the highway trust 

fund. These programs include: urbanized area formula, state of 

good repair grants, formula grants for rural areas, growing states 

and high density states, mobility for seniors and persons with disabilities, bus and bus facilities grants, bus testing facilities, planning programs, transit oriented development, a pilot program for 

enhanced mobility, public transportation innovation, technical assistance and workforce development, positive train control, and the 

National Transit Database. The Appropriations Act sets an annual 

obligation limitation for such authority. This account is the only 

FTA account funded from the Highway Trust Fund. 

COMMITTEE RECOMMENDATION

The Committee recommends an obligation limitation of 

$9,733,706,000 for the formula programs and activities, the same 

as the budget request and the program authorization. The Committee’s recommendation also includes $10,800,000,000 in liquidating 

funds. 

The Committee strongly encourages the Federal Transit Administration to follow the guidance set forth in the FAST Act when developing scoring criteria for the competitive Bus and Bus Facilities 

Program. Per the legislation, the age and mileage of fleet should 

be the primary consideration for scoring applications. 

Positive train control.—The FAST Act created a new category of 

funding under the transit formula obligation limitation to assist 

commuter railroads to comply with positive train control (PTC) requirements. The Committee’s recommendation includes 

$199,000,000 for PTC work, as authorized. 

TECHNICAL ASSISTANCE AND TRAINING

Appropriation, fiscal year 2016 ......................................................... – – – 

Budget request, fiscal year 2017 ....................................................... – – – 

Recommended in the bill ................................................................... $5,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +5,000,000 

Budget request, fiscal year 2017 ................................................... +5,000,000 

The FAST Act authorizes FTA to provide technical assistance 

under section 5314 of title 49 for human resource and training activities, and workforce development programs. 


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COMMITTEE RECOMMENDATION

The Committee recommends $5,000,000 for technical assistance 

and training authorized under section 5314, $5,000,000 above the 

appropriated 2016 level and the budget request. In addition to the 

directly appropriated funds, another $9,000,000 is provided 

through the obligation limitation under the header ‘‘Transit formula grants.’’ The funds provided under this header are to support 

activities specified in section 5314 (a) and (b) of title 49. 

CAPITAL INVESTMENT GRANTS

Appropriation, fiscal year 2016 ......................................................... $2,177,000,000 

Budget request, fiscal year 2017 ....................................................... 3,500,000,000 

Recommended in the bill ................................................................... 2,500,470,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +323,470,000 

Budget request, fiscal year 2017 ................................................... ¥999,530,000 

Grants for capital investment to rail or other fixed guideway 

transit systems are awarded to public bodies and agencies (transit 

authorities and other state and local public bodies and agencies 

thereof) including states, municipalities, other political subdivisions 

of states; public agencies and instrumentalities of one or more 

states; and certain public corporations, boards and commissions 

under state law. 

COMMITTEE RECOMMENDATION

The Committee recommends $2,500,470,000 for capital invest- ment grants which is $323,470,000 above the fiscal year 2016 enacted level and $999,530,000 below the budget request. The fiscal year 2017 recommendation provides $1,234,790,000 for 

all current and on-going full funding grant agreements (FFGA) consistent with the agreed-upon payout schedules for each project. 

Signed FFGAs Fiscal year 2017 

recommendation 

CA—Regional Connector Transit Corridor ........................................................................................... $100,000,000 

CA—Westside Subway Extension ......................................................................................................... 100,000,000 

CA—Third Street Light Rail Phase 2—Central .................................................................................. 150,000,000 

CA—Silicon Valley Berryessa Extension .............................................................................................. 125,000,000 

CO—RTD Eagle Denver ........................................................................................................................ 150,000,000 

MA—Cambridge to Medford, Green Line ............................................................................................. 150,000,000 

HI—Honolulu ........................................................................................................................................ 243,730,000 

NC—Blue Line Extension, NE Corridor ................................................................................................ 100,000,000 

OR—Milwaukie LRT ............................................................................................................................. 100,000,000 

FL—SunRail Phase II ........................................................................................................................... 16,060,000 

The Committee’s recommendation provides $500,000,000 for 

projects that will be signed under a FFGA by September 30, 2017. 

Anticipated FFGAs Fiscal year 2017 

recommendation 

CA—Westside Section 2 Los Angeles .................................................................................................. $100,000,000 

CA—Santa Ana and Garden Grove Streetcar ...................................................................................... 75,000,000 

CA—San Diego Midcoast Corridor ....................................................................................................... 100,000,000 

MD—Purple Line DC Area ................................................................................................................... 100,000,000 

MN—Southwest LRT Minneapolis ........................................................................................................ 10,000,000 

TX—TEX Rail, Fort Worth ..................................................................................................................... 100,000,000 

WA—Seattle Lynwood .......................................................................................................................... 15,000,000 


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In addition, $407,830,000 is provided for ten new small start 

projects proposed in the budget. 

Small starts Fiscal year 2017 

recommendation 

AZ—Tempe Streetcar ........................................................................................................................... $50,000,000 

CA—Sacramento Riverfront Streetcar ................................................................................................. 50,000,000 

FL—Ft. Lauderdale Wave Streeetcar ................................................................................................... 11,010,000 

FL—Jacksonville East Corridor ............................................................................................................ 16,930,000 

IN—Indianapolis Red Rapid Transit Line ........................................................................................... 50,000,000 

MI—Grand Rapids Laker Line BRT ..................................................................................................... 56,810,000 

MO—Kansas City Prospect MAX BRT .................................................................................................. 29,890,000 

NM—Albuquerque Rapid Transit ......................................................................................................... 50,000,000 

WA—Everett Swift II BRT .................................................................................................................... 43,190,000 

WA—Seattle City Center Connector ..................................................................................................... 50,000,000 

Further, the Committee recommends $332,850,000 for projects 

funded through core capacity grants and proposed in the budget request. 

Core capacity Fiscal year 2017 

recommendation 

CA—Caltrain Electrification San Carlos ............................................................................................. $100,000,000 

IL—Red and Purple Line Chicago ....................................................................................................... 100,000,000 

NY—Carnarsie New York ..................................................................................................................... 83,680,000 

TX—DART Red and Blue Dallas .......................................................................................................... 49,170,000 

Finally, the Committee’s recommendation includes $25,000,000 

(about 1.0 percent) for oversight activities related to the investments of this account. 

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY

Appropriation, fiscal year 2016 ......................................................... $150,000,000 

Budget request, fiscal year 2017 ....................................................... 150,000,000 

Recommended in the bill ................................................................... 150,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... – – – 

Section 601 of Division B of the Passenger Rail Investment and 

Improvement Act of 2008 (PRIIA) (Public Law 110–432) authorized 

$1,500,000,000 over a ten-year period for preventive maintenance 

and capital grants for the Washington Metropolitan Area Transportation Authority (WMATA). The law requires that the federal funds 

be matched dollar-for-dollar by Virginia, Maryland and the District 

of Columbia in equal proportions. The compact required under the 

law has been established and Virginia, Maryland and the District 

of Columbia have all committed to providing $50,000,000 each in 

local matching funds. Fiscal year 2017 represents the 8th year of 

payments under PRIIA. 

COMMITTEE RECOMMENDATION

The Committee recommendation includes $150,000,000 for safety 

capital grants for WMATA, which is equal to both the budget request and last year’s enacted level. 

The Committee directs WMATA to continue addressing the safety issues within the agency, specifically the safety hazard repairs 

identified, and in many cases mandated by the National Transportation Safety Board (NTSB) and FTA. WMATA is further directed 


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to continue implementing any and all corrective actions to address 

financial, contracting, and accounting concerns raised by FTA’s financial management oversight audit. 

Finally, should the WMATA board endorse any effort to defer 

state of good repair maintenance, or move funds from safety improvements to operating expenses in order to address an operating 

budget shortfall, the Committee will view those budgetary shifts as 

a lack of commitment to the spirit in which these PRIIA funds 

were provided and the Committee will reconsider its financial contributions accordingly. 

Wireless service extension.—The bill again includes a one-year extension of the wireless service requirement in PRIIA. The Committee urges WMATA to complete the installation of infrastructure 

necessary to comply with the mandate most expeditiously. 

The Committee would like to ensure that WMATA is not missing 

an opportunity to seize the most cost-effective and efficient sources 

for their much needed, extensive repairs. The Committee directs 

GAO to report to the House and Senate Committees on Appropriations by March 31, 2017 on WMATA’s plans for future maintenance, repairs, and construction. The evaluation should include 

safety improvement measures, levels of efficiency, and practices 

that will increase cost-effectiveness. 

ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION

Section 160. The Committee continues the provision that exempts previously made transit obligations from limitations on obligations. 

Section 161. The Committee continues the provision that allows 

funds appropriated for capital investment grants and bus and bus 

facilities not obligated by September 30, 2020, plus other recoveries 

to be available for other projects under 49 U.S.C. 5309. 

Section 162. The Committee continues the provision that allows 

for the transfer of prior year appropriations from older accounts to 

be merged into new accounts with similar, current activities. 

Section 163. The Committee continues the provision that prohibits a full funding grant agreement for a project with a new 

starts share greater than 50 percent. 

Section 164. The Committee includes a provision regarding a certain fixed guideway project in Houston, Texas. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION

OPERATIONS AND MAINTENANCE (HARBOR MAINTENANCE TRUST FUND)

Appropriation, fiscal year 2016 ......................................................... $28,400,000 

Budget request, fiscal year 2017 ....................................................... 36,028,000 

Recommended in the bill ................................................................... 36,028,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +7,628,000 

Budget request, fiscal year 2017 ................................................... – – – 

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 


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established by the St. Lawrence Seaway Act of 1954 and is a wholly owned government corporation and an operating administration 

of the U.S. Department of Transportation (DOT). The SLSDC is 

charged with operating and maintaining the U.S. portion of the St. 

Lawrence Seaway. This responsibility includes the two U.S. locks 

in Massena, New York, vessel traffic control in portions of the St. 

Lawrence River and Lake Ontario, and trade development functions to enhance the utilization of the St. Lawrence Seaway. 

The Water Resources Development Act of 1986 authorized the 

Harbor Maintenance Trust Fund as a source of appropriations for 

SLSDC operations and maintenance. Additionally, the SLSDC generates non-federal revenues which can then be used for operations 

and maintenance. 

COMMITTEE RECOMMENDATION

The Committee recommends a total appropriation of $36,028,000 

to fund the operations, maintenance, and capital asset renewal 

needs of the SLSDC. This funding level is $7,628,000 above the fiscal year 2016 appropriation and equal to the budget request. The 

Committee continues the direction to the SLSDC to provide semiannual reports consistent with the requirements stated in the Explanatory Statement of the Department of Transportation Appropriations Act of 2009. 

The Committee’s recommendation includes funds as requested 

for the continued replacement of the Robinson Bay tugboat due to 

the safety, emergency response, and ice breaking missions of the 

vessel, as well as funds for the hands-free mooring system installation at Snell Lock. 

The Committee recognizes the increasingly competitive environment of global multimodal and waterborne capacity in the Americas and around the world. The Committee requests the Department to provide a report within 180 days of enactment of this Act, 

on opportunities that could improve the Great Lakes navigation 

system’s capabilities to support economic development in Great 

Lakes states and increase trade and traffic on the Saint Lawrence 

Seaway. 

MARITIME ADMINISTRATION

The Maritime Administration (MARAD) is responsible for programs that strengthen the U.S. maritime industry in support of the 

Nation’s security and economic needs, as authorized by the Merchant Marine Act of 1936. MARAD’s mission is to promote the development and maintenance of an adequate, well-balanced United 

States merchant marine, sufficient to carry the Nation’s domestic 

waterborne commerce and a substantial portion of its waterborne 

foreign commerce, and capable of serving as a naval and military 

auxiliary in time of war or national emergency. MARAD, working 

with the Department of Defense (DoD), helps provide a seamless, 

time-phased transition from peacetime to wartime operations, 

while balancing the defense and commercial elements of the maritime transportation system. MARAD also manages the maritime 

security program, the voluntary intermodal sealift agreement program and the ready reserve force, which assures DoD access to 


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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 2016 ......................................................... $210,000,000 

Budget request, fiscal year 2017 ....................................................... 211,000,000 

Recommended in the bill ................................................................... 300,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +90,000,000 

Budget request, fiscal year 2017 ................................................... +89,000,000 

The purpose of the Maritime Security Program (MSP) is to maintain and preserve a U.S. flag merchant fleet to serve the national 

security needs of the United States. The MSP provides direct payments to U.S. flagship operators engaged in U.S.-foreign trade. 

Participating operators are required to keep the vessels in active 

commercial service and are required to provide intermodal sealift 

support to the Department of Defense in times of war or national 

emergency. 

COMMITTEE RECOMMENDATION

The Committee recommends $300,000,000 for the maritime security program, consistent with the authorized funding level, which 

is $90,000,000 more than provided in fiscal year 2016 and 

$89,000,000 above the request. Funds are available until expended. 

OPERATIONS AND TRAINING

Appropriation, fiscal year 2016 ......................................................... $171,155,000 

Budget request, fiscal year 2017 ....................................................... 194,146,000 

Recommended in the bill ................................................................... 175,079,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +3,924,000 

Budget request, fiscal year 2017 ................................................... ¥19,067,000 

The operations and training account provides funding for headquarters and field offices to administer and direct MARAD operations and programs. The account also provides funding for the operation of the U.S. Merchant Marine Academy and financial assistance to the six state maritime academies. 

COMMITTEE RECOMMENDATION

The Committee recommends $175,079,000 for MARAD operations and training expenses, $3,924,000 more than the fiscal year 2016 

funding level and $19,067,000 below the fiscal year 2017 budget request. 

MARAD operations.—Of the funds provided, a total of $54,000,000 is for headquarters and regional office operations, of 

which $3,000,000 is for maritime environment and compliance program expenses. 

The Committee continues the reporting requirement that 

MARAD submit information on the number of vacancies at 

MARAD headquarters and regional offices, and the duties associated with each vacancy concurrent with the fiscal year 2018 budget 

submission. The Committee’s recommendation assumes no new 

FTE in the new fiscal year. However, the recommended funding 


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level will support expenses associated with the Port of Anchorage 

litigation, contract wiring system conversion, reserve fleet realignment, current services adjustments and at least $1,000,000 for IT 

upgrades. The Committee directs MARAD to provide details on 

changes to the budget request in the Department’s operating plan 

submission. 

United States Merchant Marine Academy.—The U.S. Merchant 

Marine Academy (the Academy or USMMA) provides educational 

programs for men and women to become shipboard officers and 

leaders in the maritime industry. The Committee continues to include language requiring all funding for the Academy go directly to 

the Secretary, and that 50 percent of the funding will not be available until MARAD submits a plan detailing how the funding will 

be spent. The Committee’s funding recommendation includes a 

total of $85,879,000 in fiscal year 2017 for the USMMA, of which 

up to $74,700,000 is for Academy operations and not less than 

$11,179,000 is for capital improvements. The committee’s recommendation includes $7,179,000 as requested for seawall repairs 

and the architecture and engineering work associated with future 

renovations of Patten, Gibbs, Fitch, and Fulton Halls. Funds requested for the renovation of Fulton Hall are not included in the 

recommended funding level, a reduction taken without prejudice. 

State maritime academies.—The Committee recommends 

$35,200,000 for the state maritime academies. Of the funds provided, $3,000,000 is for direct payments, $2,400,000 is for student 

payments, and $1,200,000 is for fuel assistance. Funds requested 

for enhanced mariner compliance and training are not included in 

the funding recommendation. 

Schoolships.—The Committee’s recommendation for the state 

maritime academies includes $22,000,000 for the repair and maintenance of existing schoolships. Further, another $6,000,000 is recommended for the design and construction of a common schoolship 

design for all maritime academies under MARAD. The Committee 

directs MARAD to report to the Committees within 180 days of enactment of this Act a cost-benefit analysis of undertaking a design 

and build effort for new schoolships versus purchasing and retrofitting ships less than 10 years old available on the open market. 

Mariner numbers.—The success of the maritime security program relies not only on the availability of U.S.-flagged ships, but 

U.S. mariners available for contingency operations. Current trends 

indicate that the number of credentialed and active mariners continues to drop despite high graduation rates at the existing six 

state schools and the USMMA. The Committee directs MARAD to 

report by February 6, 2017 on opportunities and challenges to increasing the number of U.S. Coast Guard credentialed officers. Further, the Committee encourages MARAD to consider the costs and 

benefits associated with increasing the number of state schools, 

and identify coastal states and localities that could support a new 

school. Consideration should be given to states that currently do 

not have a maritime or other national service academy, and areas 

with a diverse population. 


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SHIP DISPOSAL

Appropriation, fiscal year 2016 ......................................................... $5,000,000 

Budget request, fiscal year 2017 ....................................................... 20,000,000 

Recommended in the bill ................................................................... 10,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +5,000,000 

Budget request, fiscal year 2017 ................................................... ¥10,000,000 

MARAD serves as the federal government’s disposal agent for 

government-owned merchant vessels weighing 1,500 gross tons or 

more. The ship disposal program provides resources to dispose of 

obsolete merchant-type vessels in the National Defense Reserve 

Fleet (NDRF). The Maritime Administration was required by Public Law 106–398 to dispose of its obsolete inventory by the end of 

2006. These vessels pose a significant environmental threat due to 

the presence of hazardous substances such as asbestos and solid 

and liquid polychlorinated biphenyls (PCBs). 

COMMITTEE RECOMMENDATION

The Committee recommends $10,000,000 for ship disposal activities, $5,000,000 above the fiscal year 2016 funding level and 

$10,000,000 below the budget request. Funds are available until 

expended. 

The Committee’s recommendation includes $7,000,000 for ship 

disposal costs. The Committee directs MARAD to prioritize funds 

to first dispose of ships held in the Suisun Bay Reserve Fleet in 

order to comply with the April 2010 California court consent decree. 

Finally, $3,000,000 is recommended for continued maintenance of 

the NS SAVANNAH. The Committee again encourages MARAD to 

explore the possibility of making costs associated with maintenance 

and disposal of the NS SAVANNAH an eligible activity at the National Maritime Heritage Grant program in the 2018 request. 

MARITIME GUARANTEED LOAD (TITLE XI) PROGRAM

(INCLUDING RESCISSION AND TRANSFER OF FUNDS)

Appropriation, fiscal year 2016 ......................................................... $8,135,000 

Budget request, fiscal year 2017 ....................................................... ¥2,000,000 

Recommended in the bill ................................................................... ¥2,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥10,135,000 

Budget request, fiscal year 2017 ................................................... – – – 

The maritime guaranteed loan program, as provided for by Title 

XI of the Merchant Marine Act of 1936, provides for guaranteed 

loans for purchasers of ships from the U.S. shipbuilding industry 

and for modernization of U.S. shipyards. Funds for administrative 

expenses for the Title XI program are appropriated to this account, 

and then paid to operations and training to be obligated and expended. 

COMMITTEE RECOMMENDATION

The Committee recommends the budget request for appropriated 

funds of $3,000,000 for the maritime guaranteed loan (Title XI) 

Program, which is $35,000 less than the amount provided in fiscal 


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year 2016. Funds are transferred to the ‘‘Operations and Training’’ 

account. 

Further, the Committee’s recommendation adopts the Adminis- tration’s proposed rescission of $5,000,000 in excess prior year 

funds for the costs associated with the federal government subsidizing the loans in this program. 

ADMINISTRATIVE PROVISIONS

Section 170. The Committee continues a provision that allows 

the Maritime Administration to furnish utilities and services and 

make repairs to any lease, contract, or occupancy involving government property under the control of MARAD and rental payments 

shall be paid into the Treasury as miscellaneous receipts. 

Section 171. The Committee continues a provision regarding 

MARAD ship disposal. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION

The Pipeline and Hazardous Materials Safety Administration 

(PHMSA) administers nationwide safety programs designed to protect the public and the environment from risks inherent in the 

commercial transportation of hazardous materials by pipeline, air, 

rail, vessel, and highway. Many of these materials are essential to 

the national economy. The agency’s highest priority is safety, and 

it uses safety management principles and security assessments to 

promote the safe transport of hazardous materials and the security 

of the nation’s pipelines. 

OPERATIONAL EXPENSES

Appropriation, fiscal year 2016 ......................................................... $21,000,000 

Budget request, fiscal year 2017 ....................................................... 23,688,000 

Recommended in the bill ................................................................... 21,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥2,688,000 

This appropriation finances the operational support costs for 

PHMSA, including agency-wide functions of administration, management, policy development, legal counsel, budget, financial management, civil rights, human resources, acquisition services, information technology, and governmental and public affairs. 

COMMITTEE RECOMMENDATION

The Committee recommends $21,000,000 for PHMSA operational 

expenses. This is the same as the fiscal year 2016 enacted level, 

and $2,688,000 below the budget request. The recommendation 

does not include funding for pipeline information grants to communities. 

HAZARDOUS MATERIALS SAFETY

Appropriation, fiscal year 2016 ......................................................... $55,619,000 

Budget request, fiscal year 2017 ....................................................... 68,249,000 

Recommended in the bill ................................................................... 57,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +1,381,000 

Budget request, fiscal year 2017 ................................................... ¥11,249,000 


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The hazardous materials safety program advances the safe and 

secure transport of hazardous materials (hazmat) in commerce by 

air, truck, railroad and vessel. PHMSA evaluates hazmat safety 

risks, develops and enforces regulations for transporting hazmat, 

educates shippers and carriers, investigates hazmat incidents and 

failures, conducts research, and provides grants to improve emergency response to transportation incidents involving hazmat. 

COMMITTEE RECOMMENDATION

The Committee recommends $57,000,000, which is $1,381,000 

above the fiscal year 2016 enacted level and $11,249,000 below the 

budget request. This funding level supports the agency’s existing 

hazardous materials safety program, including prior year increases 

provided to support the safe transport of energy products. Funding 

is provided to continue research on hazardous petroleum products, 

including work with the Department of Energy on test methods for 

crude oil, carrying out combustion experiments, and modeling to 

develop hazard profiles of different crude oils. The Committee recommends $7,570,000 of the total to remain available for three 

years for long-term research and development contracts. 

Inland ports of entry.—The Committee directs PHMSA to work 

with local governments at international inland ports of entry with 

a high volume of hazardous material border crossings to reduce the 

risk associated with crossing and storing hazardous material and 

to enhance the capacity of local officials in dealing with threats of 

hazardous material incidents. 

PIPELINE SAFETY

(PIPELINE SAFETY FUND)

(OIL SPILL LIABILITY TRUST FUND)

(Pipeline safety 

fund) 

(Oil spill liability 

trust fund) 

(Pipeline safety 

design review 

fund) 

Total 

Appropriation, fiscal year 2016 ............................. $124,500,000 $22,123,000 $0 $146,623,000 

Budget request, fiscal year 2017 .......................... 153,443,000 19,500,000 2,000,000 174,943,000 

Recommended in the bill ...................................... 128,000,000 22,000,000 0 150,000,000 

Bill compared to: 

Appropriation, fiscal year 2016 ........................ +3,500,000 ¥123,000 – – – +3,377,000 

Budget request, fiscal year 2017 ..................... ¥25,443,000 +2,500,000 ¥2,000,000 ¥24,943,000 

PHMSA oversees the safety, security, and environmental protection of pipelines through analysis of data, damage prevention, education and training, development and enforcement of regulations 

and policies, research and development, grants for states pipeline 

safety programs, and emergency planning and response to accidents. The pipeline safety program is responsible for a national 

regulatory program to protect the public against the risks to life 

and property in the transportation of natural gas, petroleum, and 

other hazardous materials by pipeline. 

COMMITTEE RECOMMENDATION

The Committee recommends $150,000,000 to continue pipeline 

safety operations, research and development, and state grants-inaid, which is $3,377,000 above the fiscal year 2016 enacted level 


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and $24,943,000 below the budget request. Of the total, 

$22,000,000 is from the oil spill liability trust fund, and 

$128,000,000 is from the pipeline safety fund. The Committee recommendation provides $12,000,000 for re- search and development, $43,000,000 for state pipeline safety 

grants, $1,058,000 for state one-call grants, and $1,500,000 for 

state damage prevention grants. Funding is provided for full year 

costs of additional staff hired in 2016, net of attrition. However, no 

additional program or personnel increases are funded in 2017. 

Funding requested for a national pipeline safety database is not 

provided. PHMSA shall deliver a report to the House and Senate 

Committees on Appropriations within 120 days of enactment that 

details staffing and hiring plans for fiscal year 2017 as well as actual turnover and hiring in fiscal year 2016. 

EMERGENCY PREPAREDNESS GRANTS

(EMERGENCY PREPAREDNESS FUND)

Appropriation, fiscal year 2016 ......................................................... ($28,318,000) 

Budget request, fiscal year 2017 ....................................................... (28,318,000) 

Recommended in the bill ................................................................... (28,318,000) 

Bill compared to: 

Appropriation, fiscal year 2016 ...................................................... (– – –) 

Budget request, fiscal year 2017 ................................................... (– – –) 

The Hazardous Materials Transportation Uniform Safety Act of 

1990 (Public Law 101–616) requires PHMSA to: (1) develop and implement a reimbursable emergency preparedness grant program; 

(2) monitor public sector emergency response training and planning 

and provide technical assistance to states, political subdivisions, 

and Indian tribes; and (3) develop and update periodically a mandatory training curriculum for emergency responders. 

COMMITTEE RECOMMENDATION

The Committee recommends $28,318,000 for the emergency preparedness grants program, which is the same as the fiscal year 

2016 enacted level and the budget request. 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation, fiscal year 2016 ......................................................... $87,472,000 

Budget request, fiscal year 2017 ....................................................... 90,152,000 

Recommended in the bill ................................................................... 90,152,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +2,680,000 

Budget request, fiscal year 2017 ................................................... – – – 

The Office of Inspector General was established in 1978 to provide an objective and independent organization that would be more 

effective in: (1) preventing and detecting fraud, waste, and abuse 

in departmental programs and operations; and (2) providing a 

means of keeping the Secretary of Transportation and the Congress 

fully and currently informed of problems and deficiencies in the administration of such programs and operations. According to the authorizing legislation, the Inspector General (IG) is to report dually 

to the Secretary of Transportation and to the Congress. 


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COMMITTEE RECOMMENDATION

The Committee recommendation provides $90,152,000 for the Office of Inspector General, which is $2,680,000 greater than the fiscal year 2016 enacted level and equal to the budget request. The 

Committee continues to highly value IG’s oversight of departmental 

programs and activities. 

Unfair business practices.—The bill maintains language first enacted in fiscal year 2000, which authorizes the OIG to investigate 

allegations of fraud and unfair or deceptive practices and unfair 

methods of competition by air carriers and ticket agents. 

Audit reports.—The Committee requests the OIG to continue forwarding copies of all audit reports to the Committee immediately 

after they are issued, and to continue to make the Committee 

aware immediately of any review that recommends cancellation or 

modifications to any major acquisition project or grant, or which 

recommends significant budgetary savings. The OIG is also directed to withhold from public distribution for a period of 15 days 

any final audit or investigative report that was requested by the 

House or Senate Committees on Appropriations. 

Audit of Metropolitan Transit Authority of Harris County, 

Texas.—The Committee directs the IG to provide progress updates 

on the status of the audit into the financial solvency of the Metropolitan Transit Authority of Harris County, Texas (Houston 

METRO). 

GENERAL PROVISIONS—DEPARTMENT OF TRANSPORTATION

Section 180. The Committee continues the provision allowing the 

Department of Transportation (DOT) to use funds for aircraft, 

motor vehicles, liability insurance, uniforms, or allowances, as authorized by law. 

Section 181. The Committee continues the provision limiting appropriations for services authorized by 5 U.S.C. 3109 to the rate for 

an Executive Level IV. 

Section 182. The Committee continues the provision prohibiting 

funds from being used for salaries and expenses of more than 110 

political and Presidential appointees in DOT. The provision also requires that none of the personnel covered by this provision may be 

assigned on temporary detail outside DOT. 

Section 183. The Committee continues the provision prohibiting 

recipients of funds made available in this Act from releasing certain personal information and photographs from a driver’s license 

or motor vehicle record without express consent of the person to 

whom such information pertains, and prohibits the withholding of 

funds provided in this Act for any grantee if a state is in noncompliance with this provision. 

Section 184. The Committee continues the provision permitting 

funds received by specified DOT agencies from states or other private or public sources for expenses incurred for training to be credited to certain specified agency accounts. 

Section 185. The Committee continues the provision prohibiting 

funds for loans, loan guarantees, lines of credit, or grants unless 

the Secretary of Transportation notifies the House and Senate 

Committees on Appropriations no less than three days in advance, 


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and directs the Secretary to give concurrent notification for any 

‘‘quick release’’ of funds from the Federal Highway Administration’s emergency release program. 

Section 186. The Committee continues the provision allowing 

funds received from rebates, refunds, and similar sources to be 

credited to appropriations of the DOT. 

Section 187. The Committee continues the provision allowing 

amounts from improper payments to a third party contractor that 

are lawfully recovered by the DOT to be available to cover expenses 

incurred in the recovery of such payments, and allows the Secretary to credit an account that is associated with such improper 

payments. 

Section 188. The Committee continues the provision mandating 

that reprogramming action notifications shall be transmitted solely 

to the House and Senate Committees on Appropriations, and are 

to be approved or denied solely by the House and Senate Committees on Appropriations. 

Section 189. The Committee continues the provision allowing 

funds appropriated to modal administrations to be obligated for the 

Office of the Secretary for costs related to assessments only when 

such funds provide a direct benefit to that modal administration. 

Section 190. The Committee continues the provision authorizing 

DOT to set uniform standards for transit benefits for agency transit passes and transit benefits. 

Section 191. The Committee continues the provision that prohibits the use of funds to implement any geographic, economic, or 

other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation 

plans. 

Section 192. The Committee includes a provision prohibiting 

funds from being used for high-speed rail in the State of California. 

Section 193. The Committee includes a provision modifying penalty wages regarding foreign and intercoastal voyages and coastwise voyages. 

Section 194. The Committee includes a provision prohibiting 

funds from being used in contravention of section 24305(c)(4) of 

title 49 U.S.C. regarding Amtrak food and beverage service. 

Section 195. The Committee includes a provision making technical corrections to section 5303 of title 49 regarding a bi-state metropolitan planning organization. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

MANAGEMENT AND ADMINISTRATION

Management and administration accounts provide operating support to the Department of Housing and Urban Development (HUD). 

Funding supports the salaries and expenses of nearly all HUD employees, as well as certain non-personnel expenses critical to carrying out HUD’s mission, including funding for shared service 

agreements. The Committee supports the Department’s efforts to 

transform the way it does business and encourages the Department 


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to continue efforts to streamline operations while making targeted 

technology and human capital investments. 

Shared service agreements.—The Committee supports the Department’s efforts to improve its operations through shared service 

arrangements with the Department of Treasury. The Committee 

recommendation reflects an expectation that the Department will 

continue to offset the cost of these agreements with reductions or 

reallocations of budgetary resources previously dedicated to delivering these services. The Department shall deliver a report to the 

House and Senate Committees on Appropriations within 60 days of 

enactment that compares projections of shared service agreement 

transaction volumes used to calculate payments for fiscal year 2016 

with actual volumes for the year, reconciliation payments or credits 

associated with discrepancies between actual and projected volumes for 2016, and the projected transaction volumes and related 

payment amounts for fiscal year 2017. 

Budget presentation.—The Committee directs HUD to continue to 

clearly identify and explain within its budget request the movement, reclassification, or transfer of budgetary resources from one 

account, program, project, or activity to another account, program, 

project, or activity in order to facilitate year-over-year comparisons. 

Any programs, projects, or activities that are newly requested or 

transferred from accounts outside Management and Administration 

shall also be clearly identified and clearly distinguished from adjustments to baseline spending. 

New initiatives.—The Committee reiterates that the Department 

must limit the reprogramming of funds between the programs, 

projects, and activities within each account and that no changes 

may be made to any program, project, or activity without prior approval of the House and Senate Committees on Appropriations. Unless otherwise identified in the bill or report, the most detailed allocation of budgetary resources presented in the budget justifications 

is approved with any deviation from such approved allocation subject to reprogramming requirements. All carryover funds, including 

recaptures and deobligations, are also subject to reprogramming requirements. 

HUD Office of Inspector General (OIG) audit findings.—In a November 2015 audit report, HUD OIG expressed a disclaimer of 

opinion on HUD’s fiscal years 2015 and 2014 (restated) consolidated financial statements because of the significant effects of certain unresolved audit matters. These unresolved audit matters relate to HUD’s improper use of cumulative and first-in, first-out 

budgetary accounting methods, $5.4 billion in non-pooled loan assets from Ginnie Mae, $19.8 billion in Ginnie Mae budgetary resources, and improper accounting of advances made to public housing agencies and indian housing block grant grantees and loans receivable from the emergency homeowners’ loan program. These 

weaknesses were due to an inability to establish a compliant control environment, implement adequate financial accounting systems, retain key financial management staff, and identify appropriate accounting principles and policies. It is astonishing that a financial institution as important as HUD would receive such disclaimers on its financial statements. The Department is directed to 

prioritize resources provided under this heading toward activities 


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that will help mitigate the nine material weaknesses, eight significant deficiencies in internal controls, and six instances of noncompliance with applicable laws and regulations uncovered by the 

OIG audit. In addition, the Department is directed to report to the 

House and Senate Committees on Appropriation within 30 days of 

enactment on its plan for such resource prioritization in fiscal year 

2017, as well as what progress has been made to date in implementing and addressing the HUD OIG’s recommendations made in 

audit reports 2016–FO–0001, 2016–FO–0002, 2016–FO–0003, and 

2016–FO–0004. 

EXECUTIVE OFFICES

Appropriation, fiscal year 2016 ......................................................... $13,800,000 

Budget request, fiscal year 2017 ....................................................... 14,479,000 

Recommended in the bill ................................................................... 14,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +200,000 

Budget request, fiscal year 2017 ................................................... ¥479,000 

The Executive Offices account funds the salaries and expenses of 

the Immediate Office of the Secretary, the Immediate Office of the 

Deputy Secretary, the Office of Adjudicatory Services, the Office of 

Congressional and Intergovernmental Relations, the Office of Public Affairs, the Office of Small and Disadvantaged Business Utilization, and the Center for Faith-Based and Neighborhood Partnerships. 

The Immediate Office of the Secretary provides program and policy guidance, and operations management and oversight in administering all programs, functions, and authorities of the Department. 

The Immediate Office of the Deputy Secretary provides operations management and helps the Department achieve its strategic 

goals by providing management support to program offices under 

the direction of the Office of the Secretary. 

The Office of Adjudicatory Services, formerly known as the Office 

of Hearings and Appeals, conducts hearings and makes determinations regarding formal complaints or adverse actions initiated by 

HUD based upon alleged violations of federal statutes and implementing regulations. 

The Office of the Assistant Secretary for Congressional and 

Intergovernmental Relations is responsible for coordinating Congressional and intergovernmental relations activities involving program offices to ensure the effective and accurate presentation of 

the Department’s views. 

The Office of Public Affairs educates the American people about 

the Department’s mission through media outreach and other communication tools, such as press releases, press conferences, the 

Internet, media interviews, new media, and community outreach. 

The Office of Small and Disadvantaged Business Utilization provides small business program design and outreach to the business 

community and serves as the central referral point for small business regulatory compliance information. 

The Center for Faith-based and Neighborhood Partnerships conducts outreach, recommends changes to HUD policies and programs that present barriers to grassroots organizations, and initiates special projects, such as grant writing training. 


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COMMITTEE RECOMMENDATION

The committee recommends $14,000,000, which is $200,000 

above the fiscal year 2016 enacted level and $479,000 below the 

budget request. The bill also provides that no more than $25,000 provided under 

the immediate Office of the Secretary shall be available for official 

reception and representation expenses as the Secretary may determine. 

Notice of HUD assistance.—HUD provides many different types 

of financial assistance to accomplish the missions of housing and 

development. Grants, loans, mortgages, contracts, and cooperative 

agreements are provided in support of many different types of 

stakeholders including individuals, public housing authorities, notfor-profit organizations, states and governors, mayors and cities, 

and landlords. As a consequence, there is no single HUD point of 

contact in a given community, or one single grant recipient and it 

is difficult to comprehensively track all of HUD’s investments, 

projects, and programs across a single community. The Committee 

directs the Secretary, either through the various program offices or 

through technical assistance initiatives, to notify local officials 

where HUD assistance is, or will be, used for new construction, 

hazard remediation, or substantial rehabilitation of multifamily 

units, public buildings, or other projects which involve the construction of or rehabilitation of properties other than single family 

homes. 

ADMINISTRATIVE SUPPORT OFFICES

Appropriation, fiscal year 2016 ......................................................... $559,100,000 

Budget request, fiscal year 2017 ....................................................... 520,062,000 

Recommended in the bill ................................................................... 516,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥43,100,000 

Budget request, fiscal year 2017 ................................................... ¥4,062,000 

The Administrative Support Offices account funds the salaries 

and expenses of the Office of Administration, the Office of the Chief 

Human Capital Officer, the Office of General Counsel, the Office of 

the Chief Financial Officer, the Office of the Chief Procurement Officer, the Office of Departmental Equal Employment Opportunity, 

the Office of Field Policy and Management, the Office of Strategic 

Planning and Management, and the Office of the Chief Information 

Officer. 

The Office of Administration provides general operational support services to all offices and divisions throughout HUD. These 

services include HUD’s non-information technology infrastructure 

in the following areas: nationwide management and operation of 

buildings, Freedom of Information Act (FOIA) processing, records 

management, Privacy Act administration, protective and physical 

security for HUD’s Secretary and Deputy Secretary, and disaster 

and emergency response coordination. 

The Office of the Chief Human Capital Officer provides human 

resource services to all offices and divisions throughout HUD. 

These services include HUD’s non-information technology infrastructure in the following areas: strategic human capital management, enterprise level training and learning, recruitment and staffVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00067 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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ing, workforce planning, retention, engagement, succession planning and Departmental performance management. 

The Office of Field Policy and Management (FPM) serves as the 

principal advisor providing oversight and communicating Secretarial priorities and policies to field office staff and HUD clients. 

The Regional and Field Office Directors act as the operational managers in each of the field offices and manage and coordinate crossprogram delivery in the field. 

The Office of the Chief Procurement Officer’s (OCPO) mission is 

to provide high-quality acquisition support services to all HUD program offices by purchasing necessary operational and mission-related goods and services; provide advice, guidance, and technical 

assistance to all departmental offices on matters concerning procurement; assist program offices in defining and specifying their 

procurement needs; develop and maintain all procurement guidance, including regulations, policies, and procedures; and assist in 

the development of sound acquisition strategies. 

The Office of the Chief Financial Officer (OCFO) provides leadership in instituting financial integrity, fiscal responsibility, and accountability. The CFO is responsible for all aspects of financial 

management, accounting, and budgetary matters; ensuring the Department establishes and meets financial management goals and 

objectives; ensuring the Department is in compliance with financial 

management legislation and directives; analyzing budgetary implications of policy and legislative proposals; and providing technical 

oversight with respect to all budget activities throughout the Department. 

The Office of the Chief Information Officer (OCIO) is led by the 

Chief Information Officer (CIO) who reports to the Office of the 

Secretary/Deputy Secretary. HUD’s CIO advises senior managers 

on the strategic use of information technology to support core business processes and to achieve mission critical goals. OCIO is responsible for providing modern information technology that is secure, accessible and cost effective while ensuring compliance with 

applicable regulatory requirements. 

The General Counsel, as the chief legal officer and legal voice of 

the Department, is the legal adviser to the Secretary and other 

principal staff of the Department. It is the responsibility of the Office of the General Counsel (OGC) to provide legal opinions, advice 

and services with respect to all programs and activities, and to provide counsel and assistance in the development of the Department’s 

programs and policies. 

The mission of the Office of Departmental Equal Employment 

Opportunity (ODEEO) is to ensure the enforcement of Federal laws 

relating to the elimination of all forms of discrimination in the Department’s employment practices. The mission is carried out 

through the functions of three divisions: the Affirmative Employment division, the Alternative Dispute Resolution division, and the 

Equal Employment Opportunity division. 

The Office of Strategic Planning and Management drives organizational, programmatic, and operational change across the Department to maximize efficiency and performance. The office facilitates 

HUD’s strategic planning process by identifying the Department’s 

strategic priorities and transformational change initiatives, creVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00068 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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ating and managing work plans for targeted transformation 

projects, and developing key program performance measures and 

targets for monitoring. 

COMMITTEE RECOMMENDATION

The Committee recommends $516,000,000 for this account, which 

is $43,100,000 below the fiscal year 2016 enacted level and 

$4,062,000 below the budget request. 

Funding specified for each office is as follows: 

Office Amount 

Office of Administration ....................................................................................................................................... $202,500,000 

Office of the Chief Financial Officer ................................................................................................................... 53,500,000 

Office of the General Counsel .............................................................................................................................. 95,250,000 

Office of the Chief Human Capital Officer .......................................................................................................... 40,250,000 

Office of Field Policy and Management ............................................................................................................... 51,250,000 

Office of the Chief Procurement Officer .............................................................................................................. 19,000,000 

Office of the Departmental Equal Employment Opportunity ............................................................................... 3,500,000 

Office Strategic Planning and Management ....................................................................................................... 4,500,000 

Office of the Chief Information Officer ................................................................................................................ 46,250,000 

PROGRAM OFFICE SALARIES AND EXPENSES

PUBLIC AND INDIAN HOUSING

Appropriation, fiscal year 2016 ......................................................... $205,500,000 

Budget request, fiscal year 2017 ....................................................... 220,932,000 

Recommended in the bill ................................................................... 216,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +10,500,000 

Budget request, fiscal year 2017 ................................................... ¥4,932,000 

The Office of Public and Indian Housing (PIH) oversees the administration of HUD’s Public Housing, Housing Choice Voucher, 

and Native American Programs. PIH is responsible for administering and managing programs authorized and funded by Congress under the basic provisions of the U. S. Housing Act of 1937. 

COMMITTEE RECOMMENDATION

The Committee recommends $216,000,000 for this account, which 

is the $10,500,000 above the level enacted in fiscal year 2016, and 

$4,932,000 below the fiscal year 2017 budget request. 

COMMUNITY PLANNING AND DEVELOPMENT

Appropriation, fiscal year 2016 ......................................................... $104,800,000 

Budget request, fiscal year 2017 ....................................................... 110,259,000 

Recommended in the bill ................................................................... 109,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +4,200,000 

Budget request, fiscal year 2017 ................................................... ¥1,259,000 

The Office of Community Planning and Development (CPD) assists communities in their efforts to provide affordable housing and 

expanded economic opportunities for low and moderate-income persons. The primary means toward this end is the development of 

partnerships among all levels of government and the private sector. 

This Office is responsible for the effective administration of Community Development Block Grants (CDBG), the Home Investment 


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Partnership (HOME), Homeless Assistance Grants, and other HUD 

community development programs. 

COMMITTEE RECOMMENDATION

The Committee recommends $109,000,000 for this account, which 

is $4,200,000 above the level enacted in fiscal year 2016, and 

$1,259,000 below the budget request. 

HOUSING

Appropriation, fiscal year 2016 ......................................................... $375,000,000 

Budget request, fiscal year 2017 ....................................................... 393,148,000 

Recommended in the bill ................................................................... 387,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +12,000,000 

Budget request, fiscal year 2017 ................................................... ¥6,148,000 

The Office of Housing implements programmatic, regulatory, financial, and operational responsibilities under the leadership of six 

deputy assistant secretaries and the field staff for activities related 

to Federal Housing Administration (FHA) multifamily and single 

family homeownership programs, and assisted rental housing programs. 

COMMITTEE RECOMMENDATION

The Committee recommends $387,000,000 for this account, which 

is $12,000,000 above the level enacted in fiscal year 2016, and 

$6,148,000 below the budget request. The Committee expects the 

Department to leverage the reorganization of the office of multifamily to realize budgetary savings and to reallocate resources to 

other baseline functions. 

POLICY DEVELOPMENT AND RESEARCH

Appropriation, fiscal year 2016 ......................................................... $23,100,000 

Budget request, fiscal year 2017 ....................................................... 24,500,000 

Recommended in the bill ................................................................... 23,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥100,000 

Budget request, fiscal year 2017 ................................................... ¥1,500,000 

The Office of Policy Development and Research (PD&R) directs 

the Department’s annual research agenda to support the research 

and evaluation of housing and other departmental initiatives to improve HUD’s effectiveness and operational efficiencies. Research 

proposals are determined through consultation with senior staff 

from each HUD program office, the Office of Management and 

Budget, and Congress. 

COMMITTEE RECOMMENDATION

The Committee recommends $23,000,000 for this account, which 

is $100,000 below the level enacted in fiscal year 2016 and 

$1,500,000 below the budget request. 


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FAIR HOUSING AND EQUAL OPPORTUNITY

Appropriation, fiscal year 2016 ......................................................... $72,000,000 

Budget request, fiscal year 2017 ....................................................... 74,235,000 

Recommended in the bill ................................................................... 72,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥2,235,000 

The Office of Fair Housing and Equal Opportunity (FHEO) is responsible for developing policies and guidance, and for providing 

technical support for enforcement of the Fair Housing Act and the 

civil rights statutes. FHEO serves as the central point for the formulation, clearance and dissemination of policies, intra-departmental clearances, and public information related to fair housing 

issues. FHEO receives, investigates, conciliates and recommends 

the issuance of charges of discrimination and determinations of 

non-compliance for complaints filed under Title VIII and other civil 

rights authorities. Additionally, FHEO conducts civil rights compliance reviews and compliance reviews under Section 3. 

COMMITTEE RECOMMENDATION

The Committee recommends $72,000,000 for this account, which 

is the same as the level enacted in fiscal year 2016 and $2,235,000 

below the budget request. 

OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

Appropriation, fiscal year 2016 ......................................................... $7,000,000 

Budget request, fiscal year 2017 ....................................................... 7,826,000 

Recommended in the bill ................................................................... 8,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +1,000,000 

Budget request, fiscal year 2017 ................................................... +174,000 

The Office of Healthy Homes and Lead Hazard Control 

(OHHLHC) is directly responsible for the administration of the 

Lead-Based Paint Hazard Reduction program authorized by Title X 

of the Housing and Community Development Act of 1992. The office also addresses multiple housing-related hazards affecting the 

health of residents, particularly children. The office develops leadbased paint regulations, guidelines, and policies applicable to HUD 

programs, and enforces the Lead Disclosure Rule issued under 

Title X. 

COMMITTEE RECOMMENDATION

The Committee recommends $8,000,000 for this account, which is 

$1,000,000 above the fiscal year 2016 enacted level and $174,000 

above the budget request. 

WORKING CAPITAL FUND

(INCLUDING TRANSFER OF FUNDS)

The Department of Housing and Urban Development’s Working 

Capital Fund (WCF) was established by the Consolidated Appropriations Act, 2016 to consolidate by transfer resources that support certain centrally performed administrative functions. The purVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00071 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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pose of the WCF is to promote economy, efficiency, and accountability among the various HUD offices that rely on these functions. 

COMMITTEE RECOMMENDATION

The Committee recommendation provides the Secretary with the 

authority to transfer amounts provided in this title for salaries and 

expenses, except those for the Office of Inspector General, to this 

account for the purpose of funding centralized activities. The Department is required to centralize and fund from this account any 

shared service agreements executed between HUD and another federal agency. For fiscal year 2017, the Department is permitted to 

centralize and fund from this account: financial management, procurement, travel, relocation, human resources, printing, records 

management, space renovation, furniture, and supply services. 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. 

Further, prior to centralizing either furniture or space renovation, the Committee directs the Department to deliver a comprehensive, multi-year real property improvement plan that details 

all planned space realignments, capital improvements, maintenance requirements, and other costs associated with carrying out 

HUD’s most recent strategic plan, including any elements of the 

General Service Administration (GSA) study on the Weaver Building that HUD plans to include as part of its Reimbursable Work 

Agreement with GSA. 

Prior to exercising its authority to transfer funds for activities 

beyond what is required for shared service agreements, the Committee expects HUD to establish a clear execution plan for centralizing the additional activities, and to transmit that plan to the 

House and Senate Committees on Appropriations 30 days prior to 

transferring such funds into the WCF. 

HUD shall include in its annual operating plan a detailed outline 

of its plans for transferring budgetary resources to the WCF in fiscal year 2017. 

PUBLIC AND INDIAN HOUSING

TENANT-BASED RENTAL ASSISTANCE

Appropriation, fiscal year 2016 ......................................................... $19,628,525,000 

Budget request, fiscal year 2017 ....................................................... 20,854,000,000 

Recommended in the bill ................................................................... 20,188,675,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +560,150,000 

Budget request, fiscal year 2017 ................................................... ¥665,325,000 

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. 


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COMMITTEE RECOMMENDATION

The Committee recommends $20,188,675,000 for tenant-based 

rental assistance, which is $560,150,000 above the fiscal year 2016 

enacted level and $665,325,000 below the budget request. Consistent with the budget request, the Committee continues the advance of $4,000,000,000 of the funds appropriated under this heading for Section 8 programs to October 1, 2017. 

Voucher renewals.—The Committee provides $18,311,675,000 for 

the renewal of tenant-based vouchers. This level is $630,224,000 

above the fiscal year 2016 enacted level and $135,325,000 below 

the budget request. The Committee directs the Department to monitor and report to the House and Senate Committees on Appropriations each quarter on the trends in Section 8 subsidies and to report on the required program alterations due to changes in rent or 

changes in tenant income. 

The Committee recommendation does not include bill language 

proposed in the budget request for new special purpose vouchers. 

However, the Committee encourages HUD to facilitate the issuance 

of vouchers for vulnerable populations, including families that face 

homelessness, as vouchers become available to PHAs upon turnover. 

Veterans affairs supportive housing (VASH).—The Committee 

provides funding to renew approximately 86,000 existing VASH 

vouchers to continue the effort to eliminate homelessness among 

our Nation’s veterans. 

Vouchers for homeless Native American veterans.—The Committee provides $7,000,000 for renewal of vouchers for Native 

American veterans who are homeless or at risk of homelessness living on or near a reservation, or other Indian areas. This program 

was first funded in fiscal year 2015, and because of the unique nature of the program, a separate renewal line is required. 

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 

develop strategies and recommendations for addressing and reducing U.S. veteran homelessness in the U.S. on the border. 

Tenant protection.—The Committee provides $110,000,000 for 

tenant protection vouchers, which is $20,000,000 below the fiscal 

year 2016 enacted level and the same as the budget request. 

Administrative fees.—The Committee provides $1,650,000,000 for 

allocations to public housing authorities (PHAs) to conduct activities associated with placing and maintaining individuals under Section 8 assistance. This amount is equal to the fiscal year 2016 enacted level and $427,000,000 below the budget request. 

Mainstream voucher renewals.—The Committee provides 

$110,000,000 to renew expiring Section 811 tenant-based subsidies. 

This level is $2,926,000 above the fiscal year 2016 enacted level 

and equal to the budget request. The Committee directs HUD to 

issue guidance to the housing agencies administering these vouchers to continue to serve people with disabilities upon turnover. 

PHA notification.—The Committee continues in bill language the 

direction to the Department to communicate to each PHA, within 


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60 days of enactment, the amount that will be made available to 

each PHA for fiscal year 2017. The amount provided in this account is the only source of federal funds that may be used to renew 

tenant-based vouchers. The amounts appropriated here may not be 

augmented from any other source. 

Public housing assessment system.—The Committee directs HUD 

to study and report back to the Committee on potential changes to 

the Public Housing Assessment System for PHAs that operate 550 

or fewer public housing units and Housing Choice Vouchers combined by taking into consideration physical inspections and an annual financial assessment based on current assets and liabilities. 

The Department shall update the House and Senate Committees 

on Appropriations of their findings within 180 days of enactment 

of this Act. The Committee remains interested in ways to reduce 

onerous regulations for small public housing authorities. 

Over-income residents.—The Committee encourages HUD to continue to work with PHAs to reduce the number of residents in public housing who are over-income and to address the demand for affordable housing by low-income individuals and families on waiting 

lists. The Committee emphasizes that, in addressing the issue of 

over-income residents, the Department should not impede policies 

that increase self-sufficiency of residents. The Committee directs 

HUD to provide a report to the Committee identifying measures 

the Department is taking to address over-income tenants no later 

than 180 days after enactment. 

The Committee has been looking at barriers to permanent housing that youth face when exiting foster care. The Committee encourages HUD and PHAs to reevaluate their policies to ensure that 

youth exiting foster care transition to housing without experiencing 

homelessness. When eligible, these youth should receive consideration for tenant based rental assistance and other forms of permanent housing assistance. HUD is directed to notify the House and 

Senate Committees on Appropriations if the provisions of Section 

213 of this Act pose a barrier to providing such assistance. 

The Committee is concerned about reports that some public housing authorities are requiring residents to declaw their pet cats, although HUD regulations do not contain such a requirement. The 

Committee urges HUD to notify all PHAs that declawing is not required in public housing under HUD policy. 

RENTAL ASSISTANCE DEMONSTRATION

Appropriation, fiscal year 2016 ......................................................... – – – 

Budget request, fiscal year 2017 ....................................................... $50,000,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥50,000,000 

The Rental Assistance Demonstration (RAD) was authorized in 

fiscal year 2012 to preserve public housing by enabling Public 

Housing Authorities to use a portion of their operating and capital 

funds to leverage private sector funding to recapitalize their housing stock and maintain their units of affordable housing primarily 

through the conversion to long-term Section 8 rental assistance 

contracts. The budget request includes a request of $50,000,000 for 


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an expansion of the program to public housing properties that cannot convert their housing at their existing funding levels, and to include Section 202 Project Rental Assistance Contracts (PRAC) 

properties. 

COMMITTEE RECOMMENDATION

The Committee does not provide a separate line of funding or expanded authorities requested for the program. The Committee believes that the current cap of 185,000 units eligible for conversion 

will allow a significant number of PHAs to undertake RAD conversions in fiscal year 2017, as conversions have been completed on 

only a fraction of the 185,000 total unit cap. 

HOUSING CERTIFICATE FUND

(RESCISSION)

The Housing Certificate Fund, until fiscal year 2005, provided 

funding for both the project-based and tenant-based components of 

the Section 8 program. Project-Based Rental Assistance and Tenant-Based Rental Assistance are now separately funded accounts. 

The Housing Certificate Fund retains balances from previous years’ 

appropriations. 

COMMITTEE RECOMMENDATION

Language is included to allow unobligated balances from specific 

accounts to renew or amend Project-Based Rental Assistance contracts. 

PUBLIC HOUSING CAPITAL FUND

Appropriation, fiscal year 2016 ......................................................... $1,900,000,000 

Budget request, fiscal year 2017 ....................................................... 1,865,000,000 

Recommended in the bill ................................................................... 1,900,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... +35,000,000 

The public housing capital fund provides funding for public housing capital programs, including public housing development and 

modernization. Examples of capital modernization projects include 

replacing roofs and windows, improving common spaces, upgrading 

electrical and plumbing systems, and renovating the interior of an 

apartment. 

COMMITTEE RECOMMENDATION

The Committee recommends $1,900,000,000 for the public housing capital fund, which is the same as the fiscal year 2016 enacted 

level and $35,000,000 above the budget request. 

Within the amounts provided, the Committee directs that: 

—No more than $10,000,000 is directed to support the ongoing 

public housing financial and physical assessment activities of the 

Real Estate Assessment Center; 

—Up to $1,000,000 is for administrative and judicial receiverships; —Up to $20,000,000 is made available for emergency capital 

needs, excluding Presidentially-declared disasters. The Committee 


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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 2017, or for certain 

security measures; 

—$35,000,000 is for the Resident Opportunity and Self-Sufficiency (ROSS) program; and 

—$15,000,000 is provided for the Jobs Plus program to improve 

employment opportunities and earnings of public housing residents. 

Physical needs assessment prohibition.—The Committee has included bill language prohibiting funds for HUD’s Physical Needs 

Assessment (PNA) requirement for PHAs. Implementation of PNA 

requirements on PHAs unnecessarily increase administrative burdens on PHAs and appear to have no operational benefit for local 

housing programs. 

PUBLIC HOUSING OPERATING FUND

Appropriation, fiscal year 2016 ......................................................... $4,500,000,000 

Budget request, fiscal year 2017 ....................................................... 4,569,000,000 

Recommended in the bill ................................................................... 4,500,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥69,000,000 

The public housing operating fund subsidizes the costs associated 

with operating and maintaining public housing. This subsidy supplements funding received by public housing authorities from tenant rent contributions and other income. In accordance with section 

9 of the United States Housing Act of 1937, as amended, funds are 

allocated by formula to public housing authorities for the following 

purposes: utility costs; anti-crime and anti-drug activities, including the costs of providing adequate security; routine maintenance 

cost; administrative costs; and general operating expenses. 

COMMITTEE RECOMMENDATION

The Committee recommends $4,500,000,000 for the federal share 

of PHA operating expenses. This amount is the same as the fiscal 

year 2016 enacted level and $69,000,000 below the budget request. 

CHOICE NEIGHBORHOODS INITIATIVE

Appropriation, fiscal year 2016 ......................................................... $125,000,000 

Budget request, fiscal year 2017 ....................................................... 200,000,000 

Recommended in the bill ................................................................... 100,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥25,000,000 

Budget request, fiscal year 2017 ................................................... ¥100,000,000 

COMMITTEE RECOMMENDATION

The Committee recommends $100,000,000 for the Choice Neighborhoods Initiative Program, which is $25,000,000 below the 2016 

enacted level and $100,000,000 below the budget request. The 

Committee encourages the Department to give prior year planning 

grant recipients priority consideration when awarding implementation grants. 


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FAMILY SELF SUFFICIENCY

Appropriation, fiscal year 2016 ......................................................... $75,000,000 

Budget request, fiscal year 2017 ....................................................... 75,000,000 

Recommended in the bill ................................................................... 75,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... – – – 

The Family Self-Sufficiency program funds coordinators to help 

HUD-assisted residents achieve economic independence. 

COMMITTEE RECOMMENDATION

The Committee provides $75,000,000 to support the Family SelfSufficiency program. This is the same as the fiscal year 2016 enacted level and the same as the budget request. The Committee expects the Department to prioritize assistance to individuals and 

families that results in job stability, increased tenant incomes, and 

greater rent contributions. 

NATIVE AMERICAN HOUSING BLOCK GRANTS

Appropriation, fiscal year 2016 ......................................................... $650,000,000 

Budget request, fiscal year 2017 ....................................................... 700,000,000 

Recommended in the bill ................................................................... 655,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +5,000,000 

Budget request, fiscal year 2017 ................................................... ¥45,000,000 

The Native American Housing Block Grants program, authorized 

by the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.), provides funds to American Indian tribes and their Tribally Designated Housing Entities 

(TDHEs) to address affordable housing needs within their communities. 

COMMITTEE RECOMMENDATION

The Committee recommends $655,000,000 for Native American 

Housing Block Grants, which is $5,000,000 above the fiscal year 

2016 enacted level and $45,000,000 below the budget request. 

—$3,500,000 is for organizations representing Native American 

housing interests to provide training and technical assistance to Indian housing authorities and TDHEs. Of this amount, no less than 

$2,000,000 is for a national organization as authorized under 

NAHASDA. 

—$2,000,000 is for Title VI loan guarantees up to $17,857,142. 

Bill language is included to reduce formula allocation funding 

from any grantee that has an unexpended balance greater than 

three times its formula allocation, unless that grantee’s formula allocation is less than $8,000,000. 

NATIVE HAWAIIAN HOUSING BLOCK GRANT

Appropriation, fiscal year 2016 ......................................................... – – – 

Budget request, fiscal year 2017 ....................................................... $500,000 

Recommended in the bill ................................................................... – – – 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥500,000 


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The Native Hawaiian Housing Block Grant program provides 

grants to the State of Hawaii Department of Hawaiian Home 

Lands for housing and housing-related assistance to develop, maintain and operate affordable housing for eligible low-income native 

Hawaiian families. 

COMMITTEE RECOMMENDATION

The Committee does not recommend funding for this program, 

which is the same as the fiscal year 2016 enacted level and 

$500,000 below the budget request. 

INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT

Credit subsidy: Appropriation, fiscal year 2016 ...................................................... $7,500,000 

Budget request, fiscal year 2017 ................................................... 5,500,000 

Recommended in the bill ................................................................ 5,500,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥2,000,000 

Budget request, fiscal year 2017 ................................................... – – – 

Limitation on guaranteed loans: 

Appropriation, fiscal year 2016 ...................................................... 1,190,476,190 

Budget request, fiscal year 2017 ................................................... 1,341,463,415 

Recommended in the bill ................................................................ 1,341,463,415 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +150,987,000 

Budget request, fiscal year 2017 ................................................... – – – 

Section 184 of the Housing and Community Development Act of 

1992 establishes a loan guarantee program for Native American individuals and housing authorities to build new housing or purchase 

existing housing on trust land. This program provides access to private financing that otherwise might be unavailable because of the 

unique legal status of Indian trust land. 

COMMITTEE RECOMMENDATION

The Committee recommends $5,500,000 in new credit subsidy for 

the Section 184 loan guarantee program, which is $2,000,000 below 

the fiscal year 2016 enacted level and the same as the budget request. This will guarantee a loan volume of $1,341,463,415, which 

is $150,987,000 above the fiscal year 2016 enacted level and the 

same as the budget request. 

COMMUNITY PLANNING AND DEVELOPMENT

Appropriation, fiscal year 2016 ......................................................... $6,650,700,000 

Budget request, fiscal year 2017 ....................................................... 6,829,000,000 

Recommended in the bill ................................................................... 6,882,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +231,300,000 

Budget request, fiscal year 2017 ................................................... +53,000,000 

The Office of Community Planning and Development (CPD) is responsible for administering the Community Development Block 

Grants (CDBG), the Home Investment Partnership (HOME), Housing Opportunities for Persons with AIDS (HOPWA), Homeless Assistance Grants (HAG), and other HUD community development 

programs. Most of these programs pass Federal funds through to 

state and local governments and other entities to address housing 

and development needs. 


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COMMITTEE RECOMMENDATION

The Committee recommends $6,882,000,000 for Community 

Planning and Development programs, which is $231,300,000 above 

the fiscal year 2016 enacted level and $53,000,000 above the budget request. 

HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS

Appropriation, fiscal year 2016 ......................................................... $335,000,000 

Budget request, fiscal year 2017 ....................................................... 335,000,000 

Recommended in the bill ................................................................... 335,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... – – – 

The Housing Opportunities for Persons with AIDS (HOPWA) program provides states and localities with resources to address the 

housing needs of low-income persons living with HIV/AIDS. Funding is distributed by formula to qualifying states and metropolitan 

areas based on the cumulative incidences of AIDS reported to the 

Centers for Disease Control. Government recipients are required to 

have a HUD-approved Comprehensive Plan or Comprehensive 

Housing Affordability Strategy. 

COMMITTEE RECOMMENDATION

The Committee recommends a total of $335,000,000 for the 

HOPWA program, which is the same as the fiscal year 2016 enacted level and the same as the budget request. The Committee 

recommendation includes formula grants and funding for the renewal of certain expiring contracts that were previously funded 

under HOPWA competitive grants. 

Formula modernization.—The current HOPWA formula, which is 

based on cumulative AIDS cases and area incidence, no longer reflects the nature of an epidemic that has been transformed by both 

advances in HIV health care and surveillance, and by the increasingly disproportionate impact of the virus on communities of poverty and color. The Committee encourages the Department to work 

with the authorizing committees on any additional statutory authority needed to modernize the HOPWA formula. 

COMMUNITY DEVELOPMENT FUND

Appropriation, fiscal year 2016 ......................................................... $3,060,000,000 

Budget request, fiscal year 2017 ....................................................... 2,880,000,000 

Recommended in the bill ................................................................... 3,060,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... +180,000,000 

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, to state and local governments and other eligible entities to carry out community and economic development activities. 

COMMITTEE RECOMMENDATION

The Committee recommends a total of $3,060,000,000 for the 

Community Development Fund account, which is the same as the 


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fiscal year 2016 enacted level and $180,000,000 above the budget 

request. 

Of the amounts made available: 

—$3,000,000,000 is for the Community Development Block 

Grants (CDBG) formula program for entitlement communities and 

states. This is the same as the fiscal year 2016 enacted level and 

$200,000,000 above the budget request; and 

—$60,000,000 is for the Native American Housing and Economic 

Development Block Grant (also known as ‘‘Indian CDBG’’), which 

is the same as the fiscal year 2016 enacted level and $20,000,000 

below the budget request. 

Of the amount provided for the CDBG formula program, 

$7,000,000 is for insular areas, per 42 U.S.C. 5306(a)(2), which is 

the same as the fiscal year 2016 enacted level and the budget request. The recommendation continues language requiring the Department to notify grantees of their formula allocation within 60 

days of enactment of this Act. 

Entitlement community eligibility.—The Committee has not included language establishing a minimum grant amount necessary 

to become or remain an entitlement community. The Committee is 

concerned about the impact of this change on smaller communities. 

Under the proposal, communities that would otherwise have directly received funding would have to compete with other communities for a portion of the funding allocated to their state. The Committee notes that communities that have voluntarily joined an 

urban county for purposes of CDBG allocations have achieved similar efficiencies. 

Veterans service organizations.—The Committee encourages the 

Department to examine ways to work with existing, eligible veterans service organizations to improve their facilities through the 

community development block grant program. The Committee recognizes the important role local veterans service organizations play 

in community development and support. 

National disaster resilience competition.—The Disaster Relief Appropriations Act (P.L. 113–2) provided much needed resources to 

assist the victims of Superstorm Sandy. However, despite concerns 

from Congressional delegations from affected states, HUD went forward with a $1 billion national disaster resilience competition 

(NRDC). The results of this competition have furthered concerns 

regarding the allocation of funding for NRDC. The Committee directs the Secretary to provide a report to the House and Senate 

Committees on Appropriations within 60 days of enactment which 

details the process by which HUD decided to create such a competition and how awards were determined. The report shall include an 

analysis of need in communities that still have unmet needs as a 

result of Superstorm Sandy, and an explanation of why NRDC 

funding was not directed to address those unmet needs. 

Low-moderate income data.—The Committee directs HUD to 

publish the margin of error at the place level for the low-and-moderate income (LMI) American Community Survey data HUD used 

to determine CDBG eligibility for each place that has a margin of 

error that is 20% or greater. The Committee expects HUD to make 

this data public within 90 days of enactment of this Act. 


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COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT

Budget Authority Limitation on 

guaranteed loans 

Appropriation, fiscal year 2016 ............................................................................... – – – ($300,000,000) 

Budget request, fiscal year 2017 ........................................................................... – – – ($300,000,000)

Recommended in the bill ........................................................................................ – – – ($300,000,000) 

Bill compared with: 

Appropriation, fiscal year 2016 .......................................................................... – – – – – – 

Budget request, fiscal year 2017 ....................................................................... – – – – – – 

The Section 108 Loan Guarantee program is a source of variable 

and fixed-rate financing for communities undertaking projects eligible under the Community Development and Block Grant (CDBG) 

program. Such activities may include economic development, housing rehabilitation, public facilities, and large-scale physical development projects, By pledging their current and future CDBG allocations to cover the loan amount as security, communities are able 

to finance large-scale projects with a federally guaranteed loan. 

HUD may require additional security for a loan, as determined on 

a case-by-case basis. 

COMMITTEE RECOMMENDATION

The Committee recommendation continues the Section 18 Loan 

Guarantee program as a borrower-paid subsidy program, and 

therefore recommends providing no budget authority, which is the 

same as fiscal year 2016 enacted and the budget request. The Committee also accepts the requested limit on guaranteed loan volume 

of $300,000,000 which is the same as the fiscal year 2016 enacted 

level. 

HOME INVESTMENT PARTNERSHIPS PROGRAM

Appropriation, fiscal year 2016 ......................................................... $950,000,000 

Budget request, fiscal year 2017 ....................................................... 940,000,000 

Recommended in the bill ................................................................... 950,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... +10,000,000 

The HOME investment partnerships program provides block 

grants to participating jurisdictions (states, units of local government, Indian tribes, and insular areas) to undertake activities that 

expand the supply of affordable housing in the jurisdiction. HOME 

block grants are distributed based on formula allocations. Upon receipt of these Federal funds, state and local governments develop 

a housing affordability strategy to acquire, rehabilitate, or construct new affordable housing, or to provide rental assistance to eligible families. 

COMMITTEE RECOMMENDATION

The Committee recommends $950,000,000 for activities funded 

under this account, which is the same as fiscal year 2016 enacted 

and $10,000,000 above the budget request. 

People with disabilities and the elderly.—The Committee encourages the Department and grantees to utilize HOME funds to modernize, rehabilitate, and develop housing for people with disabilities 

and the elderly. The Committee notes that HOME funding is a 


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flexible funding source that can leverage other capital to address 

the shortage of housing for the elderly and the disabled. 

Statutory reforms.—The Committee does not include the statutory reforms to HOME requested in the budget that would eliminate communities from the program that receive less than 

$500,000. HOME funding is a vital resource for communities working to meet the needs of low-income families and individuals in 

need of supportive housing, including veterans, persons with disabilities, seniors and persons experiencing homelessness. The program allows states and localities to respond to individuals’ most 

pressing housing needs. HOME provides gap financing that is critical to the creation and provision of affordable housing for the families who need it the most. 

SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM

Appropriation, fiscal year 2016 ......................................................... $55,700,000 

Budget request, fiscal year 2017 ....................................................... 10,000,000 

Recommended in the bill ................................................................... 50,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥5,700,000 

Budget request, fiscal year 2017 ................................................... +40,000,000 

Self-Help Homeownership Opportunity Program (SHOP) funds 

are distributed through grants to nonprofit organizations and consortia that have experience in providing or facilitating self-help 

homeownership opportunities. Grant funds are used for land acquisition and improvements associated with developing new, decent 

dwellings for low-income persons, including those living in colonias, 

using the self-help model. 

Section 4 Capacity Building funds are set-aside within this account for activities described under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note). Section 4 funds are 

awarded to a limited number of non-profits, which use the funds 

to develop the capacity of community development corporations 

(CDCs) and community housing development organizations 

(CHDOs). The CDCs and CHDOs then undertake community development and affordable housing activities. Section 4 funds must be 

matched by recipients with at least three times the grant amount 

in private funding. 

COMMITTEE RECOMMENDATION

The Committee recommends $50,000,000 for this account which 

includes $10,000,000 for SHOP, $35,000,000 for Section 4 capacity 

building, and $5,000,000 for capacity building grants to national 

rural housing organizations that operate capacity building activities in at least seven HUD regions. The recommended funding level 

for each of these activities is $5,700,000 below the fiscal year 2016 

enacted level. The Committee rejects the request to fund these activities through other programs or under other accounts. 

The Committee encourages that the Section 4 funds be awarded 

competitively to a limited number of non-profits to aid community 

development corporations and community housing development organizations. Further, the Committee recognizes that the Section 4 

capacity building program strengthens lower-income urban and 

rural communities through the expansion of affordable housing 


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units. The Committee recommends at least $5 million of the funds 

made available by the Section 4 Capacity Building program be used 

for rural capacity building activities. 

HOMELESS ASSISTANCE GRANTS

Appropriation, fiscal year 2016 ......................................................... $2,250,000,000 

Budget request, fiscal year 2017 ....................................................... 2,664,000,000 

Recommended in the bill ................................................................... 2,487,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +237,000,000 

Budget request, fiscal year 2017 ................................................... ¥177,000,000 

The Homeless Assistance Grants account provides funding for 

programs under title IV of the McKinney Act, as amended by the 

Homeless Emergency Assistance and Rapid Transition to Housing 

(HEARTH) Act of 2009. HEARTH Act programs include the Continuum of Care (CoC) competitive grants, the Emergency Solutions 

Grants (ESG) program, and the Rural Housing Stability Grants 

program. 

COMMITTEE RECOMMENDATION

The Committee recommends funding the homeless assistance grant programs at $2,487,000,000, which is $237,000,000 above the 

fiscal year 2016 enacted level and $177,000,000 below the budget 

request. The recommendation includes funding to support continuum of care project renewals of no less than $2,014,000,000, at 

least $270,000,000 in formula emergency solutions grants, and 

$40,000,000 for discretionary grants to fund rapid re-housing or 

other critical activities in communities that have recently lost significant capacity to serve persons experiencing homelessness. Up to 

$7,000,000 is available for the national homeless data analysis 

project. 

Performance-driven funding awards.—Holding projects accountable to their ability to demonstrate effectiveness through performance data is essential to getting the most out of limited federal resources. The recommendation continues language which directs the 

Secretary to award an increasing share of funding on the basis of 

system performance. 

Continuum of care funding reallocation.—The recommendation 

includes language that directs the Secretary to prioritize funding to 

grantees that, when appropriate, reallocate funding from lower performing projects to higher performing projects. Reallocation drives 

higher return on investment and can also serve as a mechanism for 

containing annual inflation. 

Supplementary emergency solutions grant funding for negatively 

impacted communities.—The Committee supports HUD’s efforts to 

ensure that the continuum of care program funds high-quality, evidence-based projects through a rigorous national competition based 

on performance. The actions taken by the Department to increase 

competitiveness in the program have been responsive to the Committee’s direction. However, the Committee also recognizes that 

changes of this nature may be difficult for communities to implement at the local level, and has included an appropriation of 

$40,000,000 to assist communities that lost significant capacity in 

the national competition. The Committee directs HUD to distribute 


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this allocation via a formula, as determined by the Secretary, to 

the communities that lost the most funding in the continuum of 

care program after January 1, 2016 relative to the total funding 

the community was eligible to receive. Funds shall be used in accordance with the emergency solutions grant (ESG) program, shall 

be allocated to the largest ESG recipient in each continuum of care, 

and shall be awarded at the same time as the overall ESG allocation. 

Technical assistance.—The Committee recommendation provides at least $15,000,000 for technical assistance to continuum of care 

communities. Of this amount, no less than $5,000,000 shall fund 

technical assistance and capacity building in communities with 

high need. HUD shall not exceed the statutory cap on technical assistance. 

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. Therefore, the Committee directs the Department to report to the House and Senate Committees on Appropriations within 

180 days of enactment on what steps can be taken to improve access to services across all federal, state, and local homeless services, outreach, and prevention programs. 

HOUSING PROGRAMS

PROJECT BASED RENTAL ASSISTANCE

Appropriation, fiscal year 2016 ......................................................... $10,620,000,000 

Budget request, fiscal year 2017 ....................................................... 10,816,000,000 

Recommended in the bill ................................................................... 10,901,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +281,000,000 

Budget request, fiscal year 2017 ................................................... +85,000,000 

The Project-Based Rental Assistance account provides a rental 

subsidy to a private landlord tied to a specific housing unit so that 

the properties themselves, rather than the individual living in the 

unit, remain subsidized. Amounts provided in this account include 

funding for the renewal of expiring project-based contracts, including Section 8, moderate rehabilitation, and single room occupancy 

contracts, amendments to Section 8 project-based contracts, and 

administrative costs for contract administration. 

COMMITTEE RECOMMENDATION

The Committee provides a total of $10,901,000,000, including 

$400,000,000 provided as advance appropriations, for the annual 

renewal of project-based contracts. This funding level is 

$281,000,000 above the enacted level for fiscal year 2016 and 

$85,000,000 above the budget request. Up to $235,000,000 is available for performance-based contract administrators (PBCA). 

Performance-based contract administrators.—PBCAs are public 

housing agencies, as defined by 42 USC 1437(a), which include 

state and local public housing authorities and their instrumentalities. They are responsible for conducting on-site management reviews of assisted properties, adjusting contract rents, and reviewVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00084 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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ing, processing, and paying monthly vouchers, among other tasks. 

The Committee notes that PBCAs are integral to the Department’s 

efforts to reduce improper payments, protect residents, and ensure 

properties are well maintained. The Committee directs the Department to solicit and award PBCA contracts under full and open competition and without geographic limitation in accordance with the 

Competition in Contracting Act and the Federal Acquisition Regulation. Notwithstanding any provision of state law, the Committee 

rejects any attempt to weaken the PBCAs’ comprehensive oversight 

of the properties administered under their management, diminish 

the applicability of federal law, or limit out-of-state competition by 

reliance on letters from state attorneys general, as seen in the 2012 

NOFA process, or otherwise. 

HOUSING FOR THE ELDERLY

Appropriation, fiscal year 2016 ......................................................... $432,700,000 

Budget request, fiscal year 2017 ....................................................... 505,000,000 

Recommended in the bill ................................................................... 505,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +72,300,000 

Budget request, fiscal year 2017 ................................................... – – – 

The Housing for the Elderly (Section 202) program provides eligible private, non-profit organizations with capital grants to finance 

the acquisition, rehabilitation or construction of housing intended 

for low income elderly people. In addition, the program provides 

project-based rental assistance contracts (PRAC) to support operational costs for units constructed under the program. 

COMMITTEE RECOMMENDATION

The Committee recommends $505,000,000, which is $72,300,000 

above the fiscal year 2016 enacted level and equal to the budget 

request. This amount will fully fund contract renewals and amendments in fiscal year 2017 for the elderly program. 

The recommendation allocates available funding as follows: 

• $427,000,000 for the renewal and amendment of project rental assistance contracts (PRAC); 

• Up to $75,000,000 for service coordinators and the continuation of congregate services grants; and 

• $3,000,000 for property inspections and related costs. 

The Committee continues to include bill language relating to 

the initial contract and renewal terms for assistance provided 

under this heading and language allowing these funds to be 

used for inspections and analysis of data by HUD’s REAC program office. 

HOUSING FOR PERSONS WITH DISABILITIES

Appropriation, fiscal year 2016 ......................................................... $150,600,000 

Budget request, fiscal year 2017 ....................................................... 154,000,000 

Recommended in the bill ................................................................... 154,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +3,400,000 

Budget request, fiscal year 2017 ................................................... – – – 

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 


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supportive housing for disabled persons and provides project-based 

rental assistance (PRAC) to support operational costs for such 

units. 

COMMITTEE RECOMMENDATION

The Committee recommends $154,000,000 for Section 811 activities, which is $3,400,000 above the fiscal year 2016 enacted level 

and equal to the budget request. This level will fully fund the 

project rental assistance and project assistant contract renewals 

and amendments in fiscal year 2017. The Committee continues to 

include bill language allowing funds to be used for inspections and 

analysis of data by HUD’s REAC program office. 

HOUSING COUNSELING ASSISTANCE

Appropriation, fiscal year 2016 ......................................................... $47,000,000 

Budget request, fiscal year 2017 ....................................................... 47,000,000 

Recommended in the bill ................................................................... 55,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +8,000,000 

Budget request, fiscal year 2017 ................................................... +8,000,000 

Section 106 of the Housing and Urban Development Act of 1968 

authorized HUD to provide housing counseling services to homebuyers, homeowners, low and moderate income renters, and the 

homeless. 

COMMITTEE RECOMMENDATION

The Committee recommends $55,000,000 for Housing Counseling 

Assistance, which is $8,000,000 above the fiscal year 2016 enacted 

level and equal to the budget request. The Committee increases 

funding for HUD counseling activities to offset the reduction in 

foreclosure mitigation counseling under the Neighborhood Reinvestment Corporation appropriation. 

The Committee retains bill language that provides two year 

funding availability to allow HUD flexibility to obligate recaptures 

and unobligated balances to support counseling activity rather than 

allowing the funds to expire. The bill retains language that requires HUD to make grants within 180 days of enactment, and allows multi-year agreements, subject to the availability of annual 

appropriations. 

The Committee encourages HUD to coordinate with FEMA’s 

flood insurance advocate to ensure HUD counselors located in 

flood-prone states receive adequate training and information to 

educate future homeowners on their potential flood risks, associated flood insurance premiums, home mitigation measures available proven to reduce flood risk, and any federal assistance available for mitigation projects and activities. 

RENTAL HOUSING ASSISTANCE

Appropriation, fiscal year 2016 ......................................................... $30,000,000 

Budget request, fiscal year 2017 ....................................................... 20,000,000 

Recommended in the bill ................................................................... 20,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥10,000,000 

Budget request, fiscal year 2017 ................................................... – – – 


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The rental housing assistance account includes existing longterm project-based rental assistance contracts covering approximately affordable housing units under the rent supplement and 

section 236 rental assistance payment (RAP) programs. Enacted in 

1965 and 1974 respectively, these programs created affordable 

units for low-income families. Monthly payments are made to 

project owners from existing contract balances, and new budget authority for short-term extensions of expiring contracts and annual 

contract amendments. Contract amendments provide additional 

subsidy to below-market contracts where rents have been constrained and owners are unable to adequately service properties 

and perform ongoing maintenance. 

COMMITTEE RECOMMENDATION

The Committee recommends $20,000,000 in funding for the rental housing assistance program, which is $10,000,000 below the fiscal year 2016 enacted level and equal to the budget request. This 

appropriation will fully fund contract amendment and extension 

needs in fiscal year 2017. The Committee continues bill language 

that allows HUD to use unobligated balances and recaptured funds 

for extensions and amendments. 

PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND

Appropriation, fiscal year 2016 ......................................................... $10,500,000 

Budget request, fiscal year 2017 ....................................................... 11,500,000 

Recommended in the bill ................................................................... 11,500,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +1,000,000 

Budget request, fiscal year 2017 ................................................... – – – 

The National Manufactured Housing Construction and Safety 

Standards Act of 1974, as amended by the Manufactured Housing 

Improvement Act of 2000, authorizes the Secretary to establish 

Federal manufactured home construction and safety standards for 

the construction, design, and performance of manufactured homes. 

All manufactured homes are required to meet the federal standards, and fees are charged to producers to cover the costs of administering the Act. HUD estimates that there are 8 million manufactured homes built since 1976 that are currently in use. 

COMMITTEE RECOMMENDATION

The Committee recommends up to $11,500,000 for the manufactured housing standards programs to be derived from certification 

label fees collected and deposited in the manufactured housing fees 

trust fund, established pursuant to the Manufactured Housing Improvement Act of 2000. The Committee does not provide a direct 

appropriation for this account. The recommendation is $1,000,000 

above the fiscal year 2016 enacted level, and equal to the budget 

request. This increase reflects the growth in production since 2011, 

which is projected to continue. 

The Committee includes language allowing the Department to 

collect fees from program participants for the dispute resolution 

and installation programs. These fees are to be deposited into the 

trust fund and may be used by the department subject to the overall cap placed on the account. 


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The Committee urges HUD to work with the Department of Energy to evaluate the cost of duplicative energy efficiency standards 

as they relate to manufactured housing and eliminate overlapping 

regulations. 

FEDERAL HOUSING ADMINISTRATION

MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Limitation of direct loans Limitation of 

guaranteed loans 

Administrative contract expenses 

Appropriation, fiscal year 2016 .......................................... $5,000,000 $400,000,000,000 $130,000,000 

Budget request, fiscal year 2017 ....................................... 5,000,000 400,000,000,000 160,000,000 

Recommended in the bill ................................................... 5,000,000 400,000,000,000 130,000,000 

Bill compared to: 

Appropriation, fiscal year 2016 ..................................... – – – – – – – – – 

Budget request, fiscal year 2017 .................................. – – – – – – ¥30,000,000 

The Federal Housing Administration’s (FHA) mutual mortgage 

insurance program account includes the mutual mortgage insurance (MMI) and cooperative management housing insurance funds. 

This program account covers unsubsidized programs, primarily the 

single-family home mortgage program, which is the largest of all 

the FHA programs. These include the Condominium, Section 203(k) 

rehabilitation, and Home Equity Conversion Mortgage programs 

(HECM) and the multifamily Cooperative Management Housing Insurance Funds (CMHI). The cooperative housing insurance program provides mortgages for cooperative housing projects of more 

than five units that are occupied by members of a cooperative housing corporation. 

COMMITTEE RECOMMENDATION

The Committee recommends the following limitations on loan 

commitments in the MMI program account: $400,000,000,000 for 

loan guarantees and $5,000,000 for direct loans. The recommendation also includes $130,000,000 for administrative contract expenses. 

The Committee’s recommendation for administrative contract expenses is equal to the fiscal year 2016 enacted level and 

$30,000,000 below the budget request. Although the Committee is 

committed to system automation, quality control efforts, and risk 

management improvements; the Committee denies authority to assess a new fee to augment administrative costs. 

HECM.—The Committee includes bill language that lifts the 

statutory aggregate cap of 275,000 HECM loan guarantees in fiscal 

year 2017. The Committee has carried similar language in prior 

years. 

Eminent Domain.—The Committee continues to carry bill language that prohibits financing of properties obtained through eminent domain. The Committee continues to be concerned about proposals for local governments to seize underwater performing mortgages and then refinance them into an FHA product. The Committee required HUD to submit a report on April 1, 2014 detailing 

the effects using eminent domain for these purposes will have on 


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the housing market, including FHA primary and refinance market, 

as well as the broader mortgage market, interest rates, homeownership, and affordability. The Committee continues to await the delivery of this report, and continues to prohibit HUD from financing 

mortgages for properties that have been subject to eminent domain. 

GENERAL AND SPECIAL RISK PROGRAM ACCOUNT

Limitation of direct 

loans 

Limitation of 

guaranteed loans 

Appropriation, fiscal year 2016 ............................................................................... $5,000,000 30,000,000,000 

Budget request, fiscal year 2017 ........................................................................... 5,000,000 30,000,000,000 

Recommended in the bill ........................................................................................ 5,000,000 30,000,000,000 

Bill compared to: 

Appropriation, fiscal year 2016 .......................................................................... – – – – – – 

Budget request, fiscal year 2017 ....................................................................... – – – – – – 

The Federal Housing Administration’s (FHA) general insurance 

and special risk insurance (GI and SRI) program account includes 

17 different programs administered by FHA. The GI fund includes 

a wide variety of insurance programs for special-purpose single and 

multifamily loans, including loans for property improvements, manufactured housing, multifamily rental housing, condominiums, 

housing for the elderly, hospitals, group practice facilities, and 

nursing homes. The SRI fund includes insurance programs for 

mortgages in older, declining urban areas that would not be otherwise eligible for insurance, mortgages with interest reduction payments, and mortgages for experimental housing and for high-risk 

mortgagors who would not normally be eligible for mortgage insurance without housing counseling. 

COMMITTEE RECOMMENDATION

The Committee recommends a limitation on loan guarantees of 

$30,000,000,000, which is the same as the fiscal year 2016 enacted 

level and equal to the budget request. It includes a limitation of 

$5,000,000 for direct loans, which is equal to the fiscal year 2016 

enacted level and equal to the budget request. This program provides short-term purchase money mortgages to allow non-profit and 

governmental agencies to acquire single family properties and resell to low income purchasers. However, use has declined recently 

due to the shortage of state/local government subsidies needed to 

offset participants’ development costs associated with administering the program. 

The Committee encourages HUD to coordinate with FEMA’s 

flood insurance advocate and identify rehabilitation activities eligible under section 203(k) that also fulfill FEMA’s hazard mitigation 

standards and to identify qualifying disaster mitigation rehabilitation options on its website and other promotional materials. 


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GOVERNMENT NATIONAL MORTGAGE ASSOCIATION

GUARANTEES OF MORTGAGE BACKED SECURITIES LOAN GUARANTEE

PROGRAM ACCOUNT

Limitation of 

guaranteed loans 

Administrative contract expenses 

Appropriation, fiscal year 2016 ............................................................................... $500,000,000,000 $23,000,000 

Budget request, fiscal year 2017 ........................................................................... 500,000,000,000 23,300,000 

Recommended in the bill ........................................................................................ 500,000,000,000 23,000,000 

Bill compared to: 

Appropriation, fiscal year 2016 .......................................................................... – – – – – – 

Budget request, fiscal year 2017 ....................................................................... – – – – – – 

The Guarantees of Mortgage-Backed Securities Program facilitates the financing of residential mortgage loans insured or guaranteed by the Federal Housing Administration, the Department of 

Veterans Affairs, and the Rural Housing Services program. The 

Government National Mortgage Association (GNMA) guarantees 

the timely payment of principal and interest on securities issued by 

private service institutions such as mortgage companies, commercial banks, savings banks, and savings and loan associations that 

assemble pools of mortgages and issue securities backed by the 

pools. In turn, investment proceeds are used to finance additional 

mortgage loans. Investors include non-traditional sources of credit 

in the housing market such as pension and retirement funds, life 

insurance companies, and individuals. 

COMMITTEE RECOMMENDATION

The recommendation includes a $500,000,000,000 limitation on 

loan commitments for mortgage-backed securities, as requested, 

and $23,000,000 for the personnel costs of GNMA, to be funded by 

Commitment and Multiclass fees. The recommendation for personnel costs is equal to the fiscal year 2016 enacted level and equal 

to the budget request. 

POLICY DEVELOPMENT AND RESEARCH

Appropriation, fiscal year 2016 ......................................................... $85,000,000 

Budget request, fiscal year 2017 ....................................................... 1 185,000,000 

Recommended in the bill ................................................................... 80,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥5,000,000 

Budget request, fiscal year 2017 ................................................... ¥105,000,000 1Of the $185,000,000 requested, $65,000,000 was to be provided by straight appropriation and 

$120,000,000 was to be transferred from other HUD program accounts. This bill does not recommend transfers from other accounts. 

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. 


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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 $80,000,000 for this account, which 

is $5,000,000 below last year’s level and $105,000,000 below the 

budget request. Consistent with prior years, the Committee again 

rejects the Administration’s proposal to fund research and technical 

assistance through a take down and transfer from other appropriated HUD program accounts. 

Of the activities proposed in the budget, the Committee rec- ommends $50,000,000 for the core research programs: $41,500,000 

for market surveys, $5,700,000 for research support and dissemination, $600,000 for data acquisition, $1,000,000 for housing finance 

studies, $1,000,000 for research partnerships, and $200,000 for 

housing technology. The Committee recommends $5,000,000 for new and continuing studies and demonstration evaluations, with up to $2,000,000 for 

the MTW study. Further, the Committee’s recommendation includes $25,000,000 for all technical assistance—program-specific, 

cross cutting, and place-based. Of the funds identified for technical 

assistance to troubled PHA’s, the Committee strongly urges the Department to target truly troubled or at-risk PHAs requiring assistance to conduct basic business and housing responsibilities versus 

assisting with glitzy new and bonus endeavors, such as energy performance contracts. 

The Committee strongly encourages the Department to consider 

providing technical assistance to distressed cities and communities 

through a network of non-profit or private sector organizations that 

have a proven track record of providing assistance to multiple cities 

across various disciplines, including economic development, workforce development, fiscal efficiency, and promoting best practices 

and inter-city assistance. 

The Committee again continues to recommend funds for the 

SHOP program as a separate account under the Office of Housing, 

consistent with prior years. 

As in prior years, the bill includes a general provision in Title 

II that prohibits funds from being used for a doctoral dissertation 

research grant program. 

The bill includes a general provision in Title II that allows the 

Department to use prior year deobligated or unexpended funds 

made available to the Office of Policy Development and Research 

for other research and evaluations. The Committee provides this 

authority under the condition that any new obligations are subject 

to the regular reprogramming procedures outlined in section 405. 

Resilient construction.—The Committee supports enhanced resiliency for new construction and renovation. The Committee urges 

HUD to study technologies, elements, and materials that create 

more resilient single and multi-family homes such as lean manufacturing, safe rooms, and alternative materials to improve durability and safety during natural disasters. The term ‘‘resilient conVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00091 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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struction’’ is defined as construction methods that: (1) allow a 

structure to resist hazards brought on by a major disaster, (2) 

allow a structure to continue to provide the primary functions of 

the structure following a major disaster, (3) reduce the magnitude 

or duration of a disruptive event to a structure, and (4) allow the 

structure to have the absorptive capacity, adaptive capacity, and 

recoverability to withstand a potentially disruptive event. 

Fair market rents.—The Committee encourages the Department 

to improve the process concerning fair market rents (FMRs). The 

Committee recommends that proposed FMRs be published no later 

than July 1st so that parties have sufficient time to consider the 

rates before the October 1st publishing date for final FMRs, understanding that HUD already has an established procedure for public 

housing agencies and other interested parties to comment on proposed FMRs. In addition, the Committee recommends that HUD 

establish and publish a clear process for public housing agencies to 

follow in order to request reevaluation of FMRs, where public housing agencies are having demonstrable difficulty placing voucher 

tenants in units (e.g., low success rates despite high payment 

standards). 

The Committee recommends that, where available, HUD incorporate the most recent, statistically reliable, regional data on rents 

paid in a market when determining FMRs for a community. 

Area median income.—The Committee commends efforts to test 

alternative measurements of fair market rent using small areas to 

gauge the impact on local housing choices, but urges HUD to also 

look at the current measurement methodology of area median income (AMI) in metropolitan areas in order to more accurately and 

locally measure AMI to offer affordable housing. Within 180 days 

of enactment of this Act, the Committee directs HUD to submit a 

report to the Committee on the options for measuring AMI using 

more localized methodologies, the feasibility of using these alternative measurements, and if HUD has plans to test the identified 

alternatives. 

The Committee recognizes the need for an examination of the effects of rapidly rising rents in urban areas across the nation, and 

strategies to create and retain affordable housing options, and 

avoid displacement in these communities. The Committee directs 

the Secretary to submit a report to the House and Senate Committees on Appropriations within 180 days of enactment detailing best 

practices and recommendations to address the displacement of 

lower-income families and long-time residents in urban areas, and 

loss of affordable housing across the nation. 

FAIR HOUSING AND EQUAL OPPORTUNITY

FAIR HOUSING ACTIVITIES

Appropriation, fiscal year 2016 ......................................................... $65,300,000 

Budget request, fiscal year 2017 ....................................................... 70,000,000 

Recommended in the bill ................................................................... 65,300,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... – – – 

Budget request, fiscal year 2017 ................................................... ¥4,700,000 

The Office of Fair Housing and Equal Opportunity (OFHEO) is 

responsible for developing policies and guidance, and for providing 


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technical support for enforcement of the Fair Housing Act and the 

civil rights statutes. OFHEO serves as the central point for the formulation, clearance and dissemination of policies, intra-departmental clearances, and public information related to fair housing 

issues. OFHEO receives, investigates, conciliates and recommends 

the issuance of charges of discrimination and determinations of 

non-compliance for complaints filed under Title VIII and other civil 

rights authorities. Additionally, OFHEO conducts civil rights compliance reviews and compliance reviews under section 3. 

COMMITTEE RECOMMENDATION

The Committee recommends $65,300,000 for fair housing programs, which is the same as the fiscal year 2016 level and 

$4,700,000 below the request. Of the funds provided, $24,300,000 

is for the fair housing assistance programs, $300,000 is for the limited English proficiency initiative and $1,500,000 is for the National Fair Housing Training Academy. Of the $39,200,000 for the 

fair housing initiative programs, not less than $7,450,000 is for 

education and outreach programs. The Committee directs the Department to focus resources on education, outreach, and training 

initiatives, and supporting local and state organizations that conduct investigations and adjudicate claims. 

Group homes, local land use, and the Fair Housing Act.—The 

Committee is aware that the Secretary is in the process of updating the 1999 Joint Statement on Group Homes, Local Land Use, 

and the Fair Housing Act. The Committee stresses the importance 

of the Secretary coordinating with the Attorney General to complete this process in a timely manner and recognizing or defining 

the role of state or local governments in defining zoning ordinances, licensing, and registration requirements regarding sober 

homes. 

Affirmatively furthering fair housing (AFFH).—A number of communities and local organizations have expressed concern that the 

guidance provided by HUD regarding compliance with the new 

AFFH rule is vague, and the communication with stakeholders regarding requirements and compliance is lacking. The Committee’s 

recommendation includes resources under the salaries and expenses and policy, development, and research accounts to address 

these concerns. Further, the Committee directs HUD to work with 

its grantees and stakeholders to address their concerns, and continue to refine the tools and resources available to stakeholders to 

comply with the new rule. 

Disparate impact and insurance.—The United States District 

Court, Northern Division of Illinois found that ‘‘HUD’s response to 

the insurance industry’s concerns [regarding the Disparate Impact 

Rule] was arbitrary and capricious’’ and remanded a portion of the 

‘‘Implementation of the Fair Housing Act’s Discriminatory Effects 

Standard’’ rule regarding insurance back to HUD for further consideration and explanation. The Committee directs HUD to take action expeditiously in response to the Court’s remand. 

The Committee directs the Department to provide a spend plan 

for all funds and activities in this account concurrent with the fiscal year 2017 operating plan and provide 3 days’ notice prior to the 

announcement of any grant. 


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OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES

LEAD HAZARD REDUCTION

Appropriation, fiscal year 2016 ......................................................... $110,000,000 

Budget request, fiscal year 2017 ....................................................... 130,000,000 

Recommended in the bill ................................................................... 110,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +20,000,000 

Budget request, fiscal year 2017 ................................................... +20,000,000 

The Office of Lead Hazard Control and Healthy Homes is responsible for administering the lead-based paint hazard reduction program authorized by Title X of the Housing and Community Development Act of 1992. The office also addresses multiple housing-related health hazards through the healthy homes initiative, pursuant to the Secretary’s authority in sections 501 and 502 of the 

Housing and Urban Development Act of 1970 (12 U.S.C. 1701z–1 

and 1701z–2). 

The office develops lead-based paint regulations, guidelines, and 

policies applicable to HUD programs and enforces the lead disclosure rule issued under Title X. For both lead-related and healthy 

homes issues, the office designs and administers programs for 

grants, training, research, demonstration, and education. 

COMMITTEE RECOMMENDATION

The Committee recommends $130,000,000 for the lead programs, which is $20,000,000 above both the fiscal year 2016 enacted level 

and the budget request. The Committee recommends no more than $20,000,000 for the 

healthy homes initiative, and directs the Department to fund activities aimed at reducing incidences of asthma, mold, pests and 

radon. 

Lead hazards in assisted housing.—The Committee recognizes 

the need for updated lead inspection standards for federally assisted housing especially given the significant impact lead exposure 

can have on children and their development. The Committee believes that HUD has the statutory authority necessary to require 

more stringent inspections when checking homes for lead paint. 

HUD’s current 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 implemented to ensure 

that children living in federally assisted housing are protected from 

lead poisoning. 

Lead hazards in housing study.—The Committee directs the Government Accountability Office (GAO) to report to the House and 

Senate Committees on Appropriations, not later than 180 days 

after enactment, on the issue of lead hazards in housing, including: 

(1) an assessment of the implications of changing Department 

regulations to align with the Centers for Disease Control and Prevention guidance; and 

(2) an assessment of the implications of requiring a risk assessment (beyond a visual assessment) for initial and periodic inspections for lead-based paint hazards for housing receiving federal assistance through HUD, and the impact it would have on landlord 

participation and the availability of affordable housing; 


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(3) an analysis of whether existing federal programs and funding 

for lead hazard control activities in housing receiving federal assistance meet the current and evolving needs; 

(4) recommendations on how to improve coordination and 

leveraging of public and private funds to reduce the costs associated with the identification and remediation of lead hazards; and 

(5) an identification of existing partnerships among public housing agencies and public health agencies to address lead-based paint 

hazards, what gaps exist in compliance and enforcement, and 

whether the partnerships can be replicated and enhanced through 

better data collection and dissemination among stakeholders. 

The Committee directs the Department to provide a spend plan 

for all funds and activities in this account concurrent with the fiscal year 2017 operating plan and provide 3 days’ notice prior to the 

announcement of any grant. 

INFORMATION TECHNOLOGY FUND

Appropriation, fiscal year 2016 ......................................................... $250,000,000 

Budget request, fiscal year 2017 ....................................................... 286,000,000 

Recommended in the bill ................................................................... 100,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥150,000,000 

Budget request, fiscal year 2017 ................................................... ¥186,000,000 

The information technology fund finances the information technology (IT) systems that support departmental programs and operations, including FHA Mortgage Insurance, housing assistance and 

grant programs, as well as core financial and general operations. 

COMMITTEE RECOMMENDATION

The Committee recommends $100,000,000 in direct appropriations for the IT fund to support Department-wide information technology system activities, $150,000,000 less than the fiscal year 

2016 enacted level and $186,000,000 below the budget request. The 

Department requires approximately $250,000,000 simply to operate 

basic telecommunication services and existing information technology contracts, and prior to enactment, the Committee will work 

to identify sources of funds to maintain and upgrade the Department’s systems. The Committee strongly urges HUD to continue refining the services and contracts under the Department’s Working 

Capital Fund so that IT services can be funded by the users. 

The Committee directs HUD to continue with efforts to retire obsolete, unproductive, and expensive information technology systems, and streamline and consolidate current services contracts in 

an effort to direct resources for higher priority and more effective 

systems. 

As HUD makes progress to move forward with modernizing its 

IT systems, much of the credit for any success needs to be given 

to GAO and its continued oversight and evaluation of HUD IT governance. The Committee strongly urges HUD to adhere to the direction provided by GAO. 

In addition to GAO’s reviews, the Committee commends the Office of the Chief Information Officer for bringing IT investments 

and development under the control of the OCIO versus the individual program offices. The Committee is opposed to any program 


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office utilizing funds outside of the IT fund for system development 

and directs HUD to maintain IT investments under this header or 

the Working Capital Fund only. 

OFFICE OF INSPECTOR GENERAL

Appropriation, fiscal year 2016 ......................................................... $126,000,000 

Budget request, fiscal year 2017 ....................................................... 129,000,000 

Recommended in the bill ................................................................... 128,082,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +2,082,000 

Budget request, fiscal year 2017 ................................................... ¥918,000 

The Office of Inspector General (IG) provides agency-wide audit 

and investigative functions to identify and correct management and 

administrative deficiencies that create conditions for existing or potential instances of waste, fraud, and mismanagement. The audit 

function provides internal audit, contract audit, and inspection 

services. Contract audits provide professional advice to agency contracting officials on accounting and financial matters relative to negotiation, award, administration, re-pricing, and settlement of contracts. Internal audits evaluate all facets of agency operations. Inspection services provide detailed technical evaluations of agency 

operations. The investigative function provides for the detection 

and investigation of improper and illegal activities involving programs, personnel, and operations. 

COMMITTEE RECOMMENDATION

The Committee recommends $128,082,000 for the Office of Inspector General, which is $2,082,000 greater than the fiscal year 

2016 enacted level and $918,000 below the budget request. The 

Committee does not provide funds for any additional personnel. 

The Committee has found the reports and investigations undertaken by the IG over the past few years to be interesting and pertinent to the work of the Committee. 

Fair and equitable pay arbitration case.—The HUD OIG shall review and audit all events related to the Order and Remedy, FMCS 

No. 03–07743, issued by Arbitrator Andree McKissick on January 

10, 2012, otherwise known as Fair and Equitable Pay, and report 

to the House and Senate Committees on Appropriations its findings 

and recommendations including: (1) the Department’s past and 

present human resource practices with regard to classification, 

workload balancing, workforce restructuring, position management, 

and fairness of advertising positions and other issues raised in this 

case; (2) whether any such current practices should be changed to 

better align with applicable laws and regulations; and (3) to continue to examine whether HUD provided a correct assessment of liability in this matter as it relates to the annual Financial Statement Audit going back five years. 


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GENERAL PROVISIONS—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

INCLUDING TRANSFER OF FUNDS

(INCLUDING RESCISSIONS)

Section 201. The Committee continues a provision regarding certain overpayments to be returned to Treasury. 

Section 202. The Committee continues the provision prohibiting 

the use of funds to investigate or prosecute legal activities under 

the Fair Housing Act. 

Section 203. The Committee continues the provision extending 

HOPWA formula modifications affecting certain jurisdictions in 

New York, New Jersey, and North Carolina. 

Section 204. The Committee continues the provision requiring 

that funds be distributed on a competitive basis unless specified 

otherwise in statute. 

Section 205. The Committee continues the provision allowing 

HUD to use funds to reimburse the Government National Mortgage 

Association (GNMA), Fannie Mae and other federal entities for 

services and facilities. 

Section 206. The Committee continues the provision requiring 

HUD to comport with the budget estimates except as otherwise 

provided in this Act or through an approved reprogramming. 

Section 207. The Committee continues the provision providing 

authorization for HUD corporations to utilize funds under certain 

conditions and restrictions. 

Section 208. The Committee continues the provision requiring a 

report on available balances each quarter. 

Section 209. The Committee continues the provision requiring 

that the Administration’s budget and the Department’s budget justifications for fiscal year 2018 be submitted in the identical account 

and sub-account structure provided in this Act. 

Section 210. The Committee continues the provision exempting 

PHA Boards in Alaska, Iowa, and Mississippi and the County of 

Los Angeles from the public housing resident representation requirement, and provides alternative requirements. 

Section 211. The Committee continues the provision exempting 

GNMA from certain requirements of the Federal Credit Reform Act 

of 1990. 

Section 212. The Committee continues the provision authorizing 

HUD to transfer debt and use agreements from an obsolete project 

to a viable project, provided certain conditions are met. 

Section 213. The Committee continues the provision setting forth 

the requirements for eligibility for section 8 voucher assistance. 

Section 214. The Committee continues the provision distributing 

Native American Housing Block Grant funds to the same Native 

Alaskan recipients as in fiscal year 2005. 

Section 215. The Committee continues the provision authorizing 

the Secretary to insure mortgages under section 255 of the National Housing Act. 

Section 216. The Committee continues the provision instructing 

HUD on managing and disposing of any multifamily property that 

is owned or held by HUD. 


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Section 217. The Committee continues the provision allowing 

amounts provided under the section 108 loan guarantee program to 

be used to guarantee notes or other obligations issued by any State 

on behalf of non-entitlement communities in the State. 

Section 218. The Committee continues the provision allowing 

PHAs that own and operate 400 or fewer units of public housing 

to be exempt from asset management requirements. 

Section 219. The Committee continues the provision restricting 

the Secretary from imposing any requirement or guideline relating 

to asset management that restricts or limits the use of capital 

funds for central office costs, up to the limits established in the 

Quality Housing and Work Responsibility Act of 1998. 

Section 220. The Committee continues the provision directing 

that no HUD employee, including those working in the offices of 

the IG and GNMA, shall be designated as an allotment holder unless the Chief Financial Officer determines that they have received 

training. 

Section 221. The Committee continues the provision requiring 

that the Secretary publish all notice of funding availability on the 

internet for fiscal year 2017. 

Section 222. The Committee continues the provision requiring 

that attorney fees for programmatic litigation must be paid from 

the personnel and benefits accounts of affected offices and the Office of General Counsel, and be restricted to payment of attorney 

fees only. 

Section 223. The Committee continues the provision allowing the Secretary to transfer up to 10 percent of funds or $4,000,000, 

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 224. The Committee continues the provision allowing the 

disaster housing assistance programs to be considered a program 

of HUD for the purpose of income verifications and matching. 

Section 225. The Committee continues the provision requiring 

HUD to take certain actions against owners receiving rental subsidies that do not maintain safe properties. 

Section 226. The Committee continues the provision placing a 

salary and bonus limit on public housing agency officials and employees. 

Section 227. The Committee continues the provision prohibiting 

funds from being used for the doctoral dissertation research grant 

program at HUD. 

Section 228. The Committee continues the provision requiring 

the Secretary to provide the Committees on Appropriations advance notice of discretionary awards. 

Section 229. The Committee continues the provision prohibiting 

funds from being used to require or enforce the physical needs assessment (PNA). 

Section 230. The Committee continues the provision prohibiting 

funds for HUD financing of mortgages for properties that have 

been subject to eminent domain. 

Section 231. The Committee continues the provision prohibiting 

funds from being used to terminate the status of a unit of local government as a metropolitan city, as defined under section 102 of the 


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Housing and Community Development Act of 1974, with respect to 

grants under section 106 of such Act. 

Section 232. The Committee continues the provision requiring 

unexpended funding for research, evaluation and statistical purposes at the completion of a contract, grant or cooperative agreement to be deobligated and reobligated for additional research, subject to reprogramming requirements in this Act. 

Section 233. The Committee continues the provision prohibiting 

funds to be used for financial awards for employees subject to administrative discipline. 

Section 234. The Committee includes a provision that permits 

HUD to consolidate funds used to manage disaster recovery grants. 

Section 235. The Committee includes a provision permitting 

HUD to provide one year transition grants under the continuum of 

care program. 

Section 236. The Committee includes a provision prohibiting 

funds to enforce Executive Order 13690 regarding flood risk management. 

Section 237. The Committee includes a provision that rescinds 

unobligated balances from various accounts. 


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TITLE III—RELATED AGENCIES 

UNITED STATES ACCESS BOARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2016 ......................................................... $8,023,000 

Budget request, fiscal year 2017 ....................................................... 8,190,000 

Recommended in the bill ................................................................... 8,190,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +167,000 

Budget request, fiscal year 2017 ................................................... – – – 

The United States Access Board (Access Board) was established 

by section 502 of the Rehabilitation Act of 1973 with the primary 

mission of ensuring accessibility for people with disabilities. The 

Access Board is responsible for developing guidelines under the 

Americans with Disabilities Act (ADA), the Architectural Barriers 

Act, and the Telecommunications Act. The Access Board is responsible for developing standards under section 508 of the Rehabilitation Act for accessible electronic and information technology used 

by federal agencies. The Access Board also enforces the Architectural Barriers Act and provides training and technical assistance 

on the guidelines and standards it develops. 

The Access Board has been given responsibilities under the Help 

America Vote Act to serve on the Election Assistance Commission’s 

Board of Advisors and Technical Guidelines Development Committee. Additionally, the Board maintains a small research program that develops technical assistance materials and provides information needed for rulemaking. 

COMMITTEE RECOMMENDATION

The Committee recommends $8,190,000 for the operations of the 

Access Board, which is $167,000 greater than the fiscal year 2016 

enacted level and equal to the budget request. 

The Committee is concerned that the 2010 Americans with Disabilities Act standard for automated teller machines (ATM) has not 

kept pace with improvements in technology. The Committee encourages the Access Board to consider new and innovative technology features when updating any standards involving ATMs, 

point-of-sale systems, self-service kiosks, and other similar devices. 

FEDERAL MARITIME COMMISSION

SALARIES AND EXPENSES

Appropriation, fiscal year 2016 ......................................................... $25,660,000 

Budget request, fiscal year 2017 ....................................................... 27,490,000 

Recommended in the bill ................................................................... 27,490,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +1,830,000 

Budget request, fiscal year 2017 ................................................... – – – 


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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. The Federal Maritime Commission monitors ocean common 

carriers, marine terminal operators, conferences, ports, and ocean 

transportation intermediaries to ensure they maintain just and 

reasonable practices. Among other activities, FMC also maintains 

a trade monitoring and enforcement program, monitors the laws 

and practices of foreign governments and their impacts on shipping 

conditions in the U.S., and enforces special regulatory requirements as they apply to controlled carriers. 

The principal shipping statutes administered by the FMC are the 

Shipping Act of 1984 (46 U.S.C. 40101–41309), the Foreign Shipping Practices Act of 1988 (46 U.S.C. 42301–42307), Section 19 of 

the Merchant Marine Act, 1920 (46 U.S.C. 42101–42109), Public 

Law 89–777 (46 U.S.C. 44101–44106). 

COMMITTEE RECOMMENDATION

The Committee recommends the budget request of $27,490,000 

for the Federal Maritime Commission, which is $1,830,000 over the 

fiscal year 2016 appropriation. Of the funds provided, not less than 

$552,024 is available for the Office of Inspector General. 

NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) 

OFFICE OF INSPECTOR GENERAL

SALARIES AND EXPENSES

Appropriation, fiscal year 2016 ......................................................... $24,499,000 

Budget request, fiscal year 2017 ....................................................... 23,274,000 

Recommended in the bill ................................................................... 23,274,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥1,225,000 

Budget request, fiscal year 2017 ................................................... – – – 

The Amtrak Inspector General is an independent, objective unit 

responsible for detecting and preventing fraud, waste, abuse, and 

violations of law and for promoting economy, efficiency and effectiveness at Amtrak. 

COMMITTEE RECOMMENDATION

The Committee recommends $23,274,000 for Amtrak’s Office of 

Inspector General (Amtrak OIG), which is $1,225,000 less than the 

fiscal year 2016 enacted level and equal to the fiscal year 2017 

budget request. The recommended level will allow Amtrak OIG to 

undertake audits, evaluations, and investigations and will ensure 

the OIG’s effective oversight of Amtrak’s programs and operations. 

The OIG’s efforts have resulted in valuable studies and recommendations for this Committee and for the Corporation that 

have yielded cost savings and management improvements. These 

studies have been in a number of areas, including food and beverage service, capital planning, overtime, and fraud. In addition, 

Amtrak OIG has been instrumental in developing an audit process 

to review invoices and identifying overpayments. 


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NATIONAL TRANSPORTATION SAFETY BOARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2016 ......................................................... $105,170,000 

Budget request, fiscal year 2017 ....................................................... 106,000,000 

Recommended in the bill ................................................................... 106,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +830,000 

Budget request, fiscal year 2017 ................................................... – – – 

Initially established along with the Department of Transportation (DOT), the National Transportation Safety Board (NTSB) 

commenced operations on April 1, 1967, as an independent federal 

agency charged by Congress with investigating every civil aviation 

accident in the United States, as well as significant accidents in 

other modes of transportation—railroad, highway, marine and 

pipeline—and issuing safety recommendations aimed at preventing 

future accidents. Although it has always operated independently, 

the NTSB relied on the DOT for funding and administrative support until the Independent Safety Board Act of 1974 (Public Law 

93–633) severed all ties between the two organizations effective 

April of 1975. 

In addition to its investigatory duties, the NTSB is responsible 

for maintaining the government’s database of civil aviation accidents and conducting special studies of transportation safety issues 

of national significance. Furthermore, in accordance with the provisions of international treaties, the NTSB supplies investigators to 

serve as U.S. Accredited Representatives for aviation accidents 

overseas involving U.S.-registered aircraft, or involving aircraft or 

major components of U.S. manufacture. The NTSB also serves as 

the court of appeals for any airman, mechanic or mariner whenever 

certificate action is taken by the Administrator of the Federal Aviation Administration (FAA) or the U.S. Coast Guard Commandant, 

or when civil penalties are assessed by the FAA. In addition, the 

NTSB operates the NTSB Academy in Ashburn, Virginia. 

COMMITTEE RECOMMENDATION

The Committee recommends $106,000,000 for the salaries and 

expenses of the NTSB, which is $830,000 greater than the fiscal 

year 2016 enacted level and equal to the budget request. 

NTSB Academy.—The agency is encouraged to continue to seek 

additional opportunities to lease out, or otherwise generate revenue 

from the NTSB Academy, so that the agency can appropriately 

focus its resources on the important investigative work that is central to the agency’s mission. In addition, the agency is again directed to submit detailed information on the costs associated with 

the NTSB Academy, as well as the revenue the facility is expected 

to generate, as part of the fiscal year 2018 budget request. 


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NEIGHBORHOOD REINVESTMENT CORPORATION

PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION

Appropriation, fiscal year 2016 ......................................................... $175,000,000 

Budget request, fiscal year 2017 ....................................................... 140,000,000 

Recommended in the bill ................................................................... 140,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥35,000,000 

Budget request, fiscal year 2017 ................................................... – – – 

The Neighborhood Reinvestment Corporation (NRC) was created 

by the Neighborhood Reinvestment Corporation Act (title VI of the 

Housing and Community Development Amendments of 1978). NRC 

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 $140,000,000 for fiscal year 2017, which is $35,000,000 below the fiscal year 2016 

enacted level and equal to the budget request. This recommendation increases funding for NRC’s core program by $5,000,000 above 

the fiscal year 2016 enacted level and is equal to the budget request. Consistent with the budget request, the Committee does not 

include funding for the National Foreclosure Mitigation Counseling 

(NFMC) Program. 

The NFMC program originated in fiscal year 2007 and was envisioned as a one-time funding effort to respond to the housing foreclosure crisis. Instead, it has received funds for a total of 9 years. 

The Committee recommendation recognizes that the economy 

continues to improve and foreclosures continue to decline. 

RealtyTrac states that foreclosure filings are at a 9 year low, and 

were reported on fewer than 1.1 million properties in 2015, down 

3 percent from 2014 and down 62 percent from the peak in 2010. 

The annual foreclosure rate is less than 1 percent of all U.S. housing units for the second consecutive year. Further, the NRC has integrated foreclosure mitigation counseling into its other counseling 

programs, eliminating the need for a separate program. However, 

to offset the reduction, the Committee included additional funding 

for HUD’s housing counseling assistance appropriation. 

SURFACE TRANSPORTATION BOARD

SALARIES AND EXPENSES

Appropriation, fiscal year 2016 ......................................................... $32,375,000 

Budget request, fiscal year 2017 ....................................................... 42,401,000 

Recommended in the bill ................................................................... 37,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... +4,625,000 

Budget request, fiscal year 2017 ................................................... ¥5,401,000 

The Surface Transportation Board (STB) was created in the 

Interstate Commerce Commission Termination Act of 1995 and is 

the successor agency to the Interstate Commerce Commission. The 


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STB is an economic regulatory and adjudicatory body charged by 

Congress with resolving railroad rate and service disputes and reviewing proposed railroad mergers, as the regulation of other surface transportation carriers, including intercity bus industry and 

surface pipeline carriers, and household-good carriers. The Surface 

Transportation Board Reauthorization Act of 2015 (P.L. 114–110) 

established the Board as a wholly independent agency and expanded the Board’s membership from three to five Board Members. 

COMMITTEE RECOMMENDATION

The Committee recommends an appropriation of $37,000,000 for 

fiscal year 2017, which is $4,625,000 more than the fiscal year 

2016 enacted level and $5,401,000 below the budget request. The 

STB is estimated to collect $1,250,000 in fees, which will offset the 

appropriation for a total program cost of $35,750,000. The recommendation includes at least $2,046,000 for information technology system improvements, assumes the Board will contract with 

the Department of Transportation for administrative support functions, and funds salary and expenses on a half-year basis for the 

two new Board Members and their staff. 

UNITED STATES INTERAGENCY COUNCIL ON HOMELESSNESS

OPERATING EXPENSES

Appropriation, fiscal year 2016 ......................................................... $3,530,000 

Budget request, fiscal year 2017 ....................................................... 3,600,000 

Recommended in the bill ................................................................... 2,000,000 

Bill compared with: 

Appropriation, fiscal year 2016 ...................................................... ¥1,530,000 

Budget request, fiscal year 2017 ................................................... ¥1,600,000 

The mission of the United States Interagency Council on Homelessness (USICH) is to coordinate the Federal response to homelessness and to create a national partnership at every level of government and with the private sector to reduce and end homelessness in the nation while maximizing the effectiveness of the Federal Government in contributing to the end of homelessness. 

COMMITTEE RECOMMENDATION

The Committee recommends $2,000,000 for the USICH, which is 

$1,530,000 below fiscal year 2016 enacted and $1,600,000 below the 

budget request. Funding for USICH is reduced in anticipation of 

the October 1, 2017 sunset date. The recommendation does not include the request to extend the sunset date or increase the salary 

for the USICH executive director. The Committee believes that 

funding projects that directly serve the homeless is a better use of 

scarce budgetary resources going forward. 

The Committee encourages the nineteen USICH member agencies to use the next year to establish permanent working relationships that will endure USICH’s sunset date at the end of fiscal 

year 2017. 


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GENERAL PROVISION—THIS ACT

(INCLUDING RESCISSIONS)

Section 401. The Committee continues the provision prohibiting 

pay and other expenses for non-Federal parties in regulatory or adjudicatory proceedings funded in this Act. 

Section 402. The Committee continues the provision prohibiting 

obligations beyond the current fiscal year and prohibits transfers of 

funds unless expressly so provided herein. 

Section 403. The Committee continues the provision limiting consulting service expenditures through a procurement contract to 

contracts where such expenditures are a matter of public record, 

with exceptions. 

Section 404. The Committee continues the provision prohibiting 

employee training not specifically related to the performance of official duties. 

Section 405. The Committee continues the provision specifying 

reprogramming procedures and requires tables to include prior 

year enacted levels. 

Section 406. The Committee continues the provision allowing up 

to fifty percent of unobligated balances appropriated for salaries 

and expenses to remain available for certain purposes, contingent 

upon approval by the House and Senate Committees on Appropriations. 

Section 407. The Committee continues the provision prohibiting 

funds from being used for any project that seeks to use the power 

of eminent domain unless eminent domain is employed only for a 

public use. 

Section 408. The Committee continues the provision denying the 

transfer of funds made available in this Act, except pursuant to a 

transfer made by this Act or by authority granted in this Act. 

Section 409. The Committee continues the provision prohibiting 

funds in this Act from being used to permanently replace an employee intent on returning to his or her past occupation after completion of military service. 

Section 410. The Committee continues the provision prohibiting 

funds in this Act from being used unless the expenditure is in compliance with the Buy American Act. 

Section 411. The Committee continues the provision prohibiting 

funds from being made available to any person or entity that has 

been found to have violated the Buy American Act. 

Section 412. The Committee continues the provision prohibiting 

funds for first-class airline accommodations in contravention of section 301–10.122 and 301–10.123 of title 41, C.F.R. 

Section 413. The Committee continues the provision prohibiting 

funds from being used for the approval of a new foreign air carrier 

permit or exemption application if that approval would contravene 

United States law of Article 17 bis of the U.S.-E.U.-Iceland-Norway 

Air Transport Agreement and specifies that nothing in this section 

shall prohibit, restrict, or preclude the Secretary of DOT from 

granting a permit or exemption where such authorization is consistent with the U.S.-E.U.-Iceland-Norway Air Transport Treaty 

and U.S. law. 


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Section 414. The Committee continues the provision that restricts the number of employees that agencies funded in this Act 

may send to international conferences. 

Section 415. The Committee continues the provision prohibiting 

funds from being used to lease or purchase new light duty vehicles 

for any executive fleet or an agency’s fleet inventory, except in accordance with Presidential Memorandum—Federal Fleet Performance, dated May 24, 2011. 

Section 416. The Committee continues the provision capping the 

amount of fees the Surface Transportation Board can charge and 

collect for rate or practice complaints filed at the amount authorized for court civil suit filing fees. 

Section 417. The Committee includes a provision rescinding all 

unobligated balances from various salaries and expenses accounts. 

Section 418. The Committee includes a provision that establishes 

a spending reduction account. 

HOUSE OF REPRESENTATIVES REPORTING REQUIREMENTS

The following materials are submitted in accordance with various 

requirements of the Rules of the House of Representatives: 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

Pursuant to clause 3(c)(4) of rule XIII of the Rules of the House 

of Representatives, the following is a statement of general performance goals and objectives for which this measure authorizes funding: The Committee on Appropriations considers program performance, including a program’s success in developing and attaining 

outcome-related goals and objectives, in developing funding recommendations. 

RESCISSION OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following lists the rescissions of unexpended 

balances included in the accompanying bill: 

• $5,000,000 of budget authority from ‘‘Department of Transportation-Maritime Administration-Maritime Guaranteed Loan (Title 

XI) Program Account’’; 

• Such sums that are available from ‘‘Department of Housing 

and Urban Development-Housing Certificate Fund’’; 

• Section 237 rescinds such sums that are available from ‘‘Department of Housing and Urban Development-Management and 

Administration’’, ‘‘Department of Housing and Urban DevelopmentProgram Office Salaries and Expenses’’; and such sums that are recaptured from various community development programs; 

• Section 417 rescinds such sums that are available from ‘‘Department of Transportation-Office of the Secretary-Salaries and Expenses’’, ‘‘Department of Transportation-Office of the Secretary-Office of Civil Rights’’, ‘‘Department of Transportation-Office of the 

Secretary-Minority Business Outreach’’, ‘‘Department of Transportation-Federal Transit Administration-Administrative Expenses’’, 

‘‘Department of Transportation-Pipeline and Hazardous Materials 

Safety Administration-Operational Expenses’’, ‘‘Department of 

Transportation-Surface Transportation Board-Salaries and ExVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00106 Fmt 6604 Sfmt 6602 E:\HR\OC\HR606.XXX HR606

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penses’’, ‘‘Access Board-Salaries and Expenses’’, ‘‘Federal Maritime 

Commission-Salaries and Expenses’’, ‘‘National Railroad Passenger 

Corporation-Office of Inspector General-Salaries and Expenses’’, 

‘‘National Transportation Safety Board-Salaries and Expenses’’, 

and ‘‘United States Interagency Council on Homelessness-Operating Expenses’’. 

TRANSFER OF FUNDS

Pursuant to clause 3(f)(2) of rule XIII of the Rules of the House 

of Representatives, the following lists the transfers of unexpended 

balances included in the accompanying bill: 

UNDER TITLE I—DEPARTMENT OF TRANSPORTATION

Account from which the transfer is made Account to which the transfer is made Amount 

Office of the Secretary ............................ Office of the Secretary .......................... ≤5% of certain funds subject to conditions 

Office of the Secretary, National, Infrastructure Investments.Federal Highway Administration, Federal Transit Administration, Federal 

Railroad Administration, Maritime 

Administration.

Up to $20,000,000 

Federal Aviation Administration, Operations.Federal Aviation Administration, Operations.≤2% of certain funds subject to conditions 

FHWA: Limitation on administrative expenses.Appalachian Regional Commission ....... $3,248,000 

Maritime Administration, Maritime Guaranteed Loan (Title XI) Program Account.

Maritime Administration, Operations 

and Training.

$3,000,000 

UNDER TITLE II—DEPARTMENT OF HOUSING AND URBAN

DEVELOPMENT

Account from which the transfer is made Account to which the transfer is made Amount 

Administrative Support Offices ............... Program Office Salaries and Expenses ≤$4,000,000 subject to conditions 

Program Office Salaries and Expenses .. Administrative Support Offices ............. ≤$4,000,000 subject to conditions 

Executive Offices, Administrative Support Offices, Program Office Salaries 

and Expenses, Government National 

Mortgage Association’’.

Working Capital Fund ............................ Such sums as 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 italics, 

existing law in which no change is proposed is shown in roman): 

CONSOLIDATED APPROPRIATIONS ACT, 2015 

* * * * * * * 


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DIVISION K—TRANSPORTATION, HOUSING AND URBAN 

DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2015 

* * * * * * * 

TITLE I 

DEPARTMENT OF TRANSPORTATION 

* * * * * * * 

ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER 

SAFETY ADMINISTRATION 

* * * * * * * 

SEC. 133. (a) TEMPORARY SUSPENSION OF ENFORCEMENT.—None 

of the funds appropriated or otherwise made available by this Act 

or any other Act shall be used to enforce sections 395.3(c) and 

395.3(d) of title 49, Code of Federal Regulations, and such sections 

shall have no force or effect from the date of enactment of this Act 

until the later of September 30, ø2015¿ 2016, or upon submission 

of the final report issued by the Secretary under this section. The 

restart provisions in effect on øJune 30, 2013¿ December 26, 2011, shall be in effect during this period. 

(b) PUBLIC NOTIFICATION.—As soon as possible after the date of 

the enactment of this Act, the Secretary of Transportation shall 

publish a Notice in the Federal Register and on the Federal Motor 

Carrier Safety Administration website announcing that the provisions in the rule referred to in subsection (a) shall have no force 

or effect from the date of enactment of this Act through September 

30, 2015, and the restart rule in effect on June 30, 2013, shall immediately be in effect. 

(c) COMMERCIAL MOTOR VEHICLE (CMV) DRIVER RESTART

STUDY.—Within 90 days of the date of enactment of this Act, the 

Secretary shall initiate a naturalistic study of the operational, safety, health and fatigue impacts of the restart provisions in sections 

395.3(c) and 395.3(d) of title 49, Code of Federal Regulations, on 

commercial motor vehicle drivers. The study required under this 

subsection shall— 

(1) compare the work schedules and assess operator fatigue 

between the following two groups of commercial motor vehicle 

drivers, each large enough to produce statistically significant 

results: 

(A) commercial motor vehicle drivers who operate under 

such provisions, in effect between July 1, 2013, and the 

day before the date of enactment of this Act, and 

(B) commercial motor vehicle drivers who operate under 

the provisions in effect on June 30, 2013. 

(2) compare, at a minimum, the 5-month work schedules, 

and assess safety critical events (crashes, near crashes and 

crash-relevant conflicts) and operator fatigue between the commercial motor vehicle drivers identified under subsection (c)(1) 

of this section from a statistically significant sample of drivers 

comprised of fleets of all sizes, including long-haul, regional 

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cluding flat-bed, refrigerated, tank, and dry-van, to the extent 

practicable; 

(3) assess drivers’ safety critical events, fatigue and levels of 

alertness, and driver health outcomes by using both electronic 

and captured record of duty status, including the Psychomotor 

Vigilance Test (PVT), e-logging data, actigraph watches and 

cameras or other on-board monitoring systems that record or 

measure safety critical events and driver alertness; 

(4) utilize data from electronic logging devices, consistent to 

the extent practicable, with the anticipated requirements for 

such devices in section 31137(b) of title 49, United States Code, 

from motor carriers and drivers of commercial motor vehicles, 

notwithstanding any limitation on the use of such data under 

section 31137(e) of title 49, United States Code; and 

(5) include the development of an initial study plan and final 

report, each of which shall be subject to an independent peer 

review by a panel of individuals with relevant medical and scientific expertise. 

(d) DEPARTMENT OF TRANSPORTATION OFFICE OF INSPECTOR GENERAL REVIEW.—Prior to the study required under this subsection 

commencing and within 60 days of the date of enactment of this 

Act, the Secretary shall submit a plan outlining the scope and 

methodology for the study to the Department of Transportation Inspector General. 

(1) Within 30 days of receiving the plan, the Office of Inspector General shall review and report whether it includes— 

(A) a sufficient number of participating drivers to 

produce statistically significant results consistent with 

subsection (c)(2); 

(B) the use of reliable technologies to assess the operational, safety and fatigue components of the study to 

produce consistent and valid results; 

(C) appropriate performance measures to properly evaluate the study outcomes; and 

(D) an appropriate selection of the independent review 

panel under subsection (c)(5). 

(2) The Office of Inspector General shall report its findings, 

conclusions and any recommendations to the Secretary and to 

the House and Senate Committees on Appropriations within 30 

days of receipt of the plan. 

(e) REPORTING REQUIREMENTS.—The Secretary shall submit a 

final report on the findings and conclusions of the study and the 

Department’s recommendations on whether the provisions in effect 

on July 1, 2013, provide a greater net benefit for the operational, 

safety, health and fatigue impacts of the restart provisions to the 

Inspector General within 210 days of receiving the Office of the Inspector General report required in subsection (d)(2). 

(1) Within 60 days of receipt of the Secretary’s findings and 

recommendations in subsection (e), the Inspector General shall 

report to the Secretary and the House and Senate Committees 

on Appropriations on the study’s compliance with the requirements outlined under subsection (c). 

(2) Upon submission of the Office of the Inspector General 

report in paragraph (1), the Secretary shall submit its report 


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to the House and Senate Committees on Appropriations and 

make the report publically available on its website. 

(f) CERTIFICATION.—The Secretary of Transportation shall certify 

in writing in a manner addressing the Inspector General’s findings 

and recommendations in subsection (d)(1) and (e)(1) of this section 

that the Secretary has met the requirements as described in section (c) and (d). 

(g) PAPERWORK REDUCTION ACT EXCEPTION.—The study and the 

Office of the Inspector General reviews shall not be subject to section 3506 or 3507 of title 44, United States Code. 

* * * * * * * 

TITLE 49, UNITED STATES CODE 

* * * * * * * 

SUBTITLE III—GENERAL AND INTERMODAL 

PROGRAMS 

* * * * * * * 

CHAPTER 53—PUBLIC TRANSPORTATION 

* * * * * * * 

§ 5303. Metropolitan transportation planning 

(a) POLICY.—It is in the national interest— 

(1) to encourage and promote the safe and efficient management, operation, and development of resilient surface transportation systems that will serve the mobility needs of people and 

freight and foster economic growth and development within 

and between States and urbanized areas, while minimizing 

transportation-related fuel consumption and air pollution 

through metropolitan and statewide transportation planning 

processes identified in this chapter; and 

(2) to encourage the continued improvement and evolution of 

the metropolitan and statewide transportation planning processes by metropolitan planning organizations, State departments of transportation, and public transit operators as guided 

by the planning factors identified in subsection (h) and section 

5304(d). 

(b) DEFINITIONS.—In this section and section 5304, the following 

definitions apply: 

(1) METROPOLITAN PLANNING AREA.—The term ‘‘metropolitan 

planning area’’ means the geographic area determined by 

agreement between the metropolitan planning organization for 

the area and the Governor under subsection (e). 

(2) METROPOLITAN PLANNING ORGANIZATION.—The term 

‘‘metropolitan planning organization’’ means the policy board of 

an organization established as a result of the designation process under subsection (d). 


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(3) NONMETROPOLITAN AREA.—The term ‘‘nonmetropolitan 

area’’ means a geographic area outside designated metropolitan 

planning areas. 

(4) NONMETROPOLITAN LOCAL OFFICIAL.—The term ‘‘nonmetropolitan local official’’ means elected and appointed officials of general purpose local government in a nonmetropolitan 

area with responsibility for transportation. 

(5) REGIONAL TRANSPORTATION PLANNING ORGANIZATION.— 

The term ‘‘regional transportation planning organization’’ 

means a policy board of an organization established as the result of a designation under section 5304(l). 

(6) TIP.—The term ‘‘TIP’’ means a transportation improvement program developed by a metropolitan planning organization under subsection (j). 

(7) URBANIZED AREA.—The term ‘‘urbanized area’’ means a 

geographic area with a population of 50,000 or more, as determined by the Bureau of the Census. 

(c) GENERAL REQUIREMENTS.— 

(1) DEVELOPMENT OF LONG-RANGE PLANS AND TIPS.—To accomplish the objectives in subsection (a), metropolitan planning organizations designated under subsection (d), in cooperation with the State and public transportation operators, shall 

develop long- range transportation plans and transportation 

improvement programs through a performance-driven, outcome-based approach to planning for metropolitan areas of the 

State. 

(2) CONTENTS.—The plans and TIPs for each metropolitan 

area shall provide for the development and integrated management and operation of transportation systems and facilities (including accessible pedestrian walkways, bicycle transportation 

facilities, and intermodal facilities that support intercity transportation, including intercity buses and intercity bus facilities 

and commuter vanpool providers) that will function as an 

intermodal transportation system for the metropolitan planning area and as an integral part of an intermodal transportation system for the State and the United States. 

(3) PROCESS OF DEVELOPMENT.—The process for developing 

the plans and TIPs shall provide for consideration of all modes 

of transportation and shall be continuing, cooperative, and 

comprehensive to the degree appropriate, based on the complexity of the transportation problems to be addressed. 

(d) DESIGNATION OF METROPOLITAN PLANNING ORGANIZATIONS.— 

(1) IN GENERAL.—To carry out the transportation planning 

process required by this section, a metropolitan planning organization shall be designated for each urbanized area with a 

population of more than 50,000 individuals— 

(A) by agreement between the Governor and units of 

general purpose local government that together represent 

at least 75 percent of the affected population (including the 

largest incorporated city (based on population) as determined by the Bureau of the Census); or 

(B) in accordance with procedures established by applicable State or local law. 


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(2) STRUCTURE.—Not later than 2 years after the date of enactment of the Federal Public Transportation Act of 2012, each 

metropolitan planning organization that serves an area designated as a transportation management area shall consist 

of— 

(A) local elected officials; 

(B) officials of public agencies that administer or operate 

major modes of transportation in the metropolitan area, 

including representation by providers of public transportation; and 

(C) appropriate State officials. 

(3) REPRESENTATION.— 

(A) IN GENERAL.—Designation or selection of officials or 

representatives under paragraph (2) shall be determined 

by the metropolitan planning organization according to the 

bylaws or enabling statute of the organization. 

(B) PUBLIC TRANSPORTATION REPRESENTATIVE.—Subject 

to the bylaws or enabling statute of the metropolitan planning organization, a representative of a provider of public 

transportation may also serve as a representative of a local 

municipality. 

(C) POWERS OF CERTAIN OFFICIALS.—An official described 

in paragraph (2)(B) shall have responsibilities, actions, duties, voting rights, and any other authority commensurate 

with other officials described in paragraph (2). 

(4) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in 

this subsection shall be construed to interfere with the authority, under any State law in effect on December 18, 1991, of a 

public agency with multimodal transportation responsibilities— 

(A) to develop the plans and TIPs for adoption by a metropolitan planning organization; and 

(B) to develop long-range capital plans, coordinate transit services and projects, and carry out other activities pursuant to State law. 

(5) CONTINUING DESIGNATION.—A designation of a metropolitan planning organization under this subsection or any other 

provision of law shall remain in effect until the metropolitan 

planning organization is redesignated under paragraph (6). 

(6) REDESIGNATION PROCEDURES.— 

(A) IN GENERAL.—A metropolitan planning organization 

may be redesignated by agreement between the Governor 

and units of general purpose local government that together represent at least 75 percent of the existing planning area population (including the largest incorporated 

city (based on population) as determined by the Bureau of 

the Census) as appropriate to carry out this section. 

(B) RESTRUCTURING.—A metropolitan planning organization may be restructured to meet the requirements of 

paragraph (2) without undertaking a redesignation. 

(7) DESIGNATION OF MORE THAN 1 METROPOLITAN PLANNING

ORGANIZATION.—More than 1 metropolitan planning organization may be designated within an existing metropolitan planning area only if the Governor and the existing metropolitan 


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planning organization determine that the size and complexity 

of the existing metropolitan planning area make designation of 

more than 1 metropolitan planning organization for the area 

appropriate. 

(e) METROPOLITAN PLANNING AREA BOUNDARIES.— 

(1) IN GENERAL.—For the purposes of this section, the boundaries of a metropolitan planning area shall be determined by 

agreement between the metropolitan planning organization 

and the Governor. 

(2) INCLUDED AREA.—Each metropolitan planning area— 

(A) shall encompass at least the existing urbanized area 

and the contiguous area expected to become urbanized 

within a 20-year forecast period for the transportation 

plan; and 

(B) may encompass the entire metropolitan statistical 

area or consolidated metropolitan statistical area, as defined by the Bureau of the Census. 

(3) IDENTIFICATION OF NEW URBANIZED AREAS WITHIN EXISTING PLANNING AREA BOUNDARIES.—The designation by the Bureau of the Census of new urbanized areas within an existing 

metropolitan planning area shall not require the redesignation 

of the existing metropolitan planning organization. 

(4) EXISTING METROPOLITAN PLANNING AREAS IN NONATTAINMENT.— 

(A) IN GENERAL.—Notwithstanding paragraph (2), except 

as provided in subparagraph (B), in the case of an urbanized area designated as a nonattainment area for ozone or 

carbon monoxide under the Clean Air Act (42 U.S.C. 7401 

et seq.) as of the date of enactment of the SAFETEA-LU, 

the boundaries of the metropolitan planning area in existence as of such date of enactment shall be retained. 

(B) EXCEPTION.—The boundaries described in subparagraph (A) may be adjusted by agreement of the Governor 

and affected metropolitan planning organizations in the 

manner described in subsection (d)(6). 

(5) NEW METROPOLITAN PLANNING AREAS IN NONATTAINMENT.—In the case of an urbanized area designated after the 

date of enactment of the SAFETEA-LU, as a nonattainment 

area for ozone or carbon monoxide, the boundaries of the metropolitan planning area— 

(A) shall be established in the manner described in subsection (d)(1); 

(B) shall encompass the areas described in paragraph 

(2)(A); 

(C) may encompass the areas described in paragraph 

(2)(B); and 

(D) may address any nonattainment area identified 

under the Clean Air Act (42 U.S.C. 7401 et seq.) for ozone 

or carbon monoxide. 

(f) COORDINATION IN MULTISTATE AREAS.— 

(1) IN GENERAL.—The Secretary shall encourage each Governor with responsibility for a portion of a multistate metropolitan area and the appropriate metropolitan planning organiVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00113 Fmt 6604 Sfmt 6601 E:\HR\OC\HR606.XXX HR606

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zations to provide coordinated transportation planning for the 

entire metropolitan area. 

(2) INTERSTATE COMPACTS.—The consent of Congress is 

granted to any 2 or more States— 

(A) to enter into agreements or compacts, not in conflict 

with any law of the United States, for cooperative efforts 

and mutual assistance in support of activities authorized 

under this section as the activities pertain to interstate 

areas and localities within the States; and 

(B) to establish such agencies, joint or otherwise, as the 

States may determine desirable for making the agreements and compacts effective. 

(3) RESERVATION OF RIGHTS.—The right to alter, amend, or 

repeal interstate compacts entered into under this subsection 

is expressly reserved. 

(g) MPO CONSULTATION IN PLAN AND TIP COORDINATION.— 

(1) NONATTAINMENT AREAS.—If more than 1 metropolitan 

planning organization has authority within a metropolitan 

area or an area which is designated as a nonattainment area 

for ozone or carbon monoxide under the Clean Air Act (42 

U.S.C. 7401 et seq.), each metropolitan planning organization 

shall consult with the other metropolitan planning organizations designated for such area and the State in the coordination of plans and TIPs required by this section. 

(2) TRANSPORTATION IMPROVEMENTS LOCATED IN MULTIPLE

MPOS If a transportation improvement, funded under this 

chapter or title 23, is located within the boundaries of more 

than 1 metropolitan planning area, the metropolitan planning 

organizations shall coordinate plans and TIPs regarding the 

transportation improvement. 

(3) RELATIONSHIP WITH OTHER PLANNING OFFICIALS.— (A) IN GENERAL.—The Secretary shall encourage each 

metropolitan planning organization to consult with officials 

responsible for other types of planning activities that are 

affected by transportation in the area (including State and 

local planned growth, economic development, tourism, natural disaster risk reduction, environmental protection, airport operations, and freight movements) or to coordinate 

its planning process, to the maximum extent practicable, 

with such planning activities. 

(B) REQUIREMENTS.—Under the metropolitan planning 

process, transportation plans and TIPs shall be developed 

with due consideration of other related planning activities 

within the metropolitan area, and the process shall provide for the design and delivery of transportation services 

within the metropolitan area that are provided by— 

(i) recipients of assistance under this chapter; 

(ii) governmental agencies and nonprofit organizations (including representatives of the agencies and organizations) that receive Federal assistance from a 

source other than the Department of Transportation to 

provide nonemergency transportation services; and 

(iii) recipients of assistance under section 204 of title 

23. 


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(h) SCOPE OF PLANNING PROCESS.— (1) IN GENERAL.—The metropolitan planning process for a 

metropolitan planning area under this section shall provide for 

consideration of projects and strategies that will— 

(A) support the economic vitality of the metropolitan 

area, especially by enabling global competitiveness, productivity, and efficiency; 

(B) increase the safety of the transportation system for 

motorized and nonmotorized users; 

(C) increase the security of the transportation system for 

motorized and nonmotorized users; 

(D) increase the accessibility and mobility of people and 

for freight; 

(E) protect and enhance the environment, promote energy conservation, improve the quality of life, and promote 

consistency between transportation improvements and 

State and local planned growth and economic development 

patterns; 

(F) enhance the integration and connectivity of the 

transportation system, across and between modes, for people and freight; 

(G) promote efficient system management and operation; 

(H) emphasize the preservation of the existing transportation system; and 

(I) improve the resiliency and reliability of the transportation system. 

(2) PERFORMANCE-BASED APPROACH.— (A) IN GENERAL.—The metropolitan transportation planning process shall provide for the establishment and use of 

a performance-based approach to transportation decisionmaking to support the national goals described in section 

150(b) of title 23 and the general purposes described in 

section 5301. 

(B) PERFORMANCE TARGETS.— 

(i) SURFACE TRANSPORTATION PERFORMANCE TAR- GETS.— 

(I) IN GENERAL.—Each metropolitan planning 

organization shall establish performance targets 

that address the performance measures described 

in section 150(c) of title 23, where applicable, to 

use in tracking progress towards attainment of 

critical outcomes for the region of the metropolitan planning organization. 

(II) COORDINATION.—Selection of performance 

targets by a metropolitan planning organization 

shall be coordinated with the relevant State to ensure consistency, to the maximum extent practicable. 

(ii) PUBLIC TRANSPORTATION PERFORMANCE TAR- GETS.—Selection of performance targets by a metropolitan planning organization shall be coordinated, to 

the maximum extent practicable, with providers of 

public transportation to ensure consistency with sections 5326(c) and 5329(d). 


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(C) TIMING.—Each metropolitan planning organization 

shall establish the performance targets under subparagraph (B) not later than 180 days after the date on which 

the relevant State or provider of public transportation establishes the performance targets. 

(D) INTEGRATION OF OTHER PERFORMANCE-BASED

PLANS.—A metropolitan planning organization shall integrate in the metropolitan transportation planning process, 

directly or by reference, the goals, objectives, performance 

measures, and targets described in other State transportation plans and transportation processes, as well as any 

plans developed by recipients of assistance under this 

chapter, required as part of a performance-based program. 

(3) FAILURE TO CONSIDER FACTORS.—The failure to consider 

any factor specified in paragraphs (1) and (2) shall not be reviewable by any court under this chapter, title 23, subchapter 

II of chapter 5 of title 5, or chapter 7 of title 5 in any matter 

affecting a transportation plan, a TIP, a project or strategy, or 

the certification of a planning process. 

(i) DEVELOPMENT OF TRANSPORTATION PLAN.— 

(1) REQUIREMENTS.— (A) IN GENERAL.—Each metropolitan planning organization shall prepare and update a transportation plan for its 

metropolitan planning area in accordance with the requirements of this subsection. 

(B) FREQUENCY.— (i) IN GENERAL.—The metropolitan planning organization shall prepare and update such plan every 4 

years (or more frequently, if the metropolitan planning 

organization elects to update more frequently) in the 

case of each of the following: 

(I) Any area designated as nonattainment, as 

defined in section 107(d) of the Clean Air Act (42 

U.S.C. 7407(d)). 

(II) Any area that was nonattainment and subsequently designated to attainment in accordance 

with section 107(d)(3) of that Act (42 U.S.C. 

7407(d)(3)) and that is subject to a maintenance 

plan under section 175A of that Act (42 U.S.C. 

7505a). 

(ii) OTHER AREAS.—In the case of any other area required to have a transportation plan in accordance 

with the requirements of this subsection, the metropolitan planning organization shall prepare and update such plan every 5 years unless the metropolitan 

planning organization elects to update more frequently. 

(2) TRANSPORTATION PLAN.—A transportation plan under this 

section shall be in a form that the Secretary determines to be 

appropriate and shall contain, at a minimum, the following: 

(A) IDENTIFICATION OF TRANSPORTATION FACILITIES.— (i) IN GENERAL.—An identification of transportation 

facilities (including major roadways, public transportation facilities, intercity bus facilities, multimodal 


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and intermodal facilities, nonmotorized transportation 

facilities, and intermodal connectors) that should function as an integrated metropolitan transportation system, giving emphasis to those facilities that serve important national and regional transportation functions. 

(ii) FACTORS.—In formulating the transportation 

plan, the metropolitan planning organization shall 

consider factors described in subsection (h) as the factors relate to a 20-year forecast period. 

(B) PERFORMANCE MEASURES AND TARGETS.—A description of the performance measures and performance targets 

used in assessing the performance of the transportation 

system in accordance with subsection (h)(2). 

(C) SYSTEM PERFORMANCE REPORT.—A system performance report and subsequent updates evaluating the condition and performance of the transportation system with respect to the performance targets described in subsection 

(h)(2), including— 

(i) progress achieved by the metropolitan planning 

organization in meeting the performance targets in 

comparison with system performance recorded in previous reports; and 

(ii) for metropolitan planning organizations that voluntarily elect to develop multiple scenarios, an analysis of how the preferred scenario has improved the 

conditions and performance of the transportation system and how changes in local policies and investments 

have impacted the costs necessary to achieve the identified performance targets. 

(D) MITIGATION ACTIVITIES.— 

(i) IN GENERAL.—A long-range transportation plan 

shall include a discussion of types of potential environmental mitigation activities and potential areas to 

carry out these activities, including activities that may 

have the greatest potential to restore and maintain 

the environmental functions affected by the plan. 

(ii) CONSULTATION.—The discussion shall be developed in consultation with Federal, State, and tribal 

wildlife, land management, and regulatory agencies. 

(E) FINANCIAL PLAN.— 

(i) IN GENERAL.—A financial plan that— 

(I) demonstrates how the adopted transportation 

plan can be implemented; 

(II) indicates resources from public and private 

sources that are reasonably expected to be made 

available to carry out the plan; and 

(III) recommends any additional financing strategies for needed projects and programs. 

(ii) INCLUSIONS.—The financial plan may include, for 

illustrative purposes, additional projects that would be 

included in the adopted transportation plan if reasonable additional resources beyond those identified in 

the financial plan were available. 


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(iii) COOPERATIVE DEVELOPMENT.—For the purpose 

of developing the transportation plan, the metropolitan planning organization, transit operator, and State 

shall cooperatively develop estimates of funds that will 

be available to support plan implementation. 

(F) OPERATIONAL AND MANAGEMENT STRATEGIES.—Operational and management strategies to improve the performance of existing transportation facilities to relieve vehicular congestion and maximize the safety and mobility of 

people and goods. 

(G) CAPITAL INVESTMENT AND OTHER STRATEGIES.—Capital investment and other strategies to preserve the existing and projected future metropolitan transportation infrastructure, provide for multimodal capacity increases based 

on regional priorities and needs, and reduce the vulnerability of the existing transportation infrastructure to natural disasters. 

(H) TRANSPORTATION AND TRANSIT ENHANCEMENT ACTIVITIES.—Proposed transportation and transit enhancement 

activities, including consideration of the role that intercity 

buses may play in reducing congestion, pollution, and energy consumption in a cost-effective manner and strategies 

and investments that preserve and enhance intercity bus 

systems, including systems that are privately owned and 

operated. 

(3) COORDINATION WITH CLEAN AIR ACT AGENCIES.—In metropolitan areas that are in nonattainment for ozone or carbon 

monoxide under the Clean Air Act (42 U.S.C. 7401 et seq.), the 

metropolitan planning organization shall coordinate the development of a transportation plan with the process for development of the transportation control measures of the State implementation plan required by that Act. 

(4) OPTIONAL SCENARIO DEVELOPMENT.— 

(A) IN GENERAL.—A metropolitan planning organization 

may, while fitting the needs and complexity of its community, voluntarily elect to develop multiple scenarios for 

consideration as part of the development of the metropolitan transportation plan, in accordance with subparagraph 

(B). 

(B) RECOMMENDED COMPONENTS.—A metropolitan planning organization that chooses to develop multiple scenarios under subparagraph (A) shall be encouraged to consider— 

(i) potential regional investment strategies for the 

planning horizon; 

(ii) assumed distribution of population and employment; 

(iii) a scenario that, to the maximum extent practicable, maintains baseline conditions for the performance measures identified in subsection (h)(2); 

(iv) a scenario that improves the baseline conditions 

for as many of the performance measures identified in 

subsection (h)(2) as possible; 


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(v) revenue constrained scenarios based on the total 

revenues expected to be available over the forecast period of the plan; and 

(vi) estimated costs and potential revenues available 

to support each scenario. 

(C) METRICS.—In addition to the performance measures 

identified in section 150(c) of title 23, metropolitan planning organizations may evaluate scenarios developed 

under this paragraph using locally-developed measures. 

(5) CONSULTATION.— (A) IN GENERAL.—In each metropolitan area, the metropolitan planning organization shall consult, as appropriate, 

with State and local agencies responsible for land use 

management, natural resources, environmental protection, 

conservation, and historic preservation concerning the development of a long-range transportation plan. 

(B) ISSUES.—The consultation shall involve, as appropriate— 

(i) comparison of transportation plans with State 

conservation plans or maps, if available; or 

(ii) comparison of transportation plans to inventories 

of natural or historic resources, if available. 

(6) PARTICIPATION BY INTERESTED PARTIES.— (A) IN GENERAL.—Each metropolitan planning organization shall provide citizens, affected public agencies, representatives of public transportation employees, public 

ports, freight shippers, providers of freight transportation 

services, private providers of transportation (including 

intercity bus operators, employer-based commuting programs, such as a carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or telework program), representatives of users of 

public transportation, representatives of users of pedestrian walkways and bicycle transportation facilities, representatives of the disabled, and other interested parties 

with a reasonable opportunity to comment on the transportation plan. 

(B) CONTENTS OF PARTICIPATION PLAN.—A participation 

plan— 

(i) shall be developed in consultation with all interested parties; and 

(ii) shall provide that all interested parties have reasonable opportunities to comment on the contents of 

the transportation plan. 

(C) METHODS.—In carrying out subparagraph (A), the 

metropolitan planning organization shall, to the maximum 

extent practicable— 

(i) hold any public meetings at convenient and accessible locations and times; 

(ii) employ visualization techniques to describe 

plans; and 

(iii) make public information available in electronically accessible format and means, such as the World 

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tunity for consideration of public information under 

subparagraph (A). 

(7) PUBLICATION.—A transportation plan involving Federal 

participation shall be published or otherwise made readily 

available by the metropolitan planning organization for public 

review, including (to the maximum extent practicable) in electronically accessible formats and means, such as the World 

Wide Web, approved by the metropolitan planning organization 

and submitted for information purposes to the Governor at 

such times and in such manner as the Secretary shall establish. 

(8) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.—Notwithstanding paragraph (2)(E), a State or metropolitan planning organization shall not be required to select any project 

from the illustrative list of additional projects included in the 

financial plan under paragraph (2)(E). 

(j) METROPOLITAN TIP.— 

(1) DEVELOPMENT.— 

(A) IN GENERAL.—In cooperation with the State and any 

affected public transportation operator, the metropolitan 

planning organization designated for a metropolitan area 

shall develop a TIP for the metropolitan planning area 

that— 

(i) contains projects consistent with the current metropolitan transportation plan; 

(ii) reflects the investment priorities established in 

the current metropolitan transportation plan; and 

(iii) once implemented, is designed to make progress 

toward achieving the performance targets established 

under subsection (h)(2). 

(B) OPPORTUNITY FOR COMMENT.—In developing the TIP, 

the metropolitan planning organization, in cooperation 

with the State and any affected public transportation operator, shall provide an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). 

(C) FUNDING ESTIMATES.—For the purpose of developing 

the TIP, the metropolitan planning organization, public 

transportation agency, and State shall cooperatively develop estimates of funds that are reasonably expected to be 

available to support program implementation. 

(D) UPDATING AND APPROVAL.—The TIP shall be— 

(i) updated at least once every 4 years; and 

(ii) approved by the metropolitan planning organization and the Governor. 

(2) CONTENTS.— 

(A) PRIORITY LIST.—The TIP shall include a priority list 

of proposed Federally supported projects and strategies to 

be carried out within each 4-year period after the initial 

adoption of the TIP. 

(B) FINANCIAL PLAN.—The TIP shall include a financial 

plan that— 

(i) demonstrates how the TIP can be implemented; 


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(ii) indicates resources from public and private 

sources that are reasonably expected to be available to 

carry out the program; 

(iii) identifies innovative financing techniques to finance projects, programs, and strategies; and 

(iv) may include, for illustrative purposes, additional 

projects that would be included in the approved TIP if 

reasonable additional resources beyond those identified in the financial plan were available. 

(C) DESCRIPTIONS.—Each project in the TIP shall include 

sufficient descriptive material (such as type of work, termini, length, and other similar factors) to identify the 

project or phase of the project. 

(D) PERFORMANCE TARGET ACHIEVEMENT.—The transportation improvement program shall include, to the maximum extent practicable, a description of the anticipated 

effect of the transportation improvement program toward 

achieving the performance targets established in the metropolitan transportation plan, linking investment priorities 

to those performance targets. 

(3) INCLUDED PROJECTS.— (A) PROJECTS UNDER THIS CHAPTER AND TITLE 23.—A TIP 

developed under this subsection for a metropolitan area 

shall include the projects within the area that are proposed for funding under this chapter and chapter 1 of title 

23. 

(B) PROJECTS UNDER CHAPTER 2 OF TITLE 23.— (i) REGIONALLY SIGNIFICANT PROJECTS.—Regionally 

significant projects proposed for funding under chapter 

2 of title 23 shall be identified individually in the 

transportation improvement program. 

(ii) OTHER PROJECTS.—Projects proposed for funding 

under chapter 2 of title 23 that are not determined to 

be regionally significant shall be grouped in 1 line 

item or identified individually in the transportation 

improvement program. 

(C) CONSISTENCY WITH LONG-RANGE TRANSPORTATION

PLAN.—Each project shall be consistent with the longrange transportation plan developed under subsection (i) 

for the area. 

(D) REQUIREMENT OF ANTICIPATED FULL FUNDING.—The 

program shall include a project, or an identified phase of 

a project, only if full funding can reasonably be anticipated 

to be available for the project or the identified phase within the time period contemplated for completion of the 

project or the identified phase. 

(4) NOTICE AND COMMENT.—Before approving a TIP, a metropolitan planning organization, in cooperation with the State 

and any affected public transportation operator, shall provide 

an opportunity for participation by interested parties in the development of the program, in accordance with subsection (i)(5). 

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quired under paragraph (1), the selection of Federally 

funded projects in metropolitan areas shall be carried out, 

from the approved TIP— 

(i) by— 

(I) in the case of projects under title 23, the 

State; and 

(II) in the case of projects under this chapter, 

the designated recipients of public transportation 

funding; and 

(ii) in cooperation with the metropolitan planning 

organization. 

(B) MODIFICATIONS TO PROJECT PRIORITY.—Notwithstanding any other provision of law, action by the Secretary shall not be required to advance a project included 

in the approved TIP in place of another project in the program. 

(6) SELECTION OF PROJECTS FROM ILLUSTRATIVE LIST.— 

(A) NO REQUIRED SELECTION.—Notwithstanding paragraph (2)(B)(iv), a State or metropolitan planning organization shall not be required to select any project from the 

illustrative list of additional projects included in the financial plan under paragraph (2)(B)(iv). 

(B) REQUIRED ACTION BY THE SECRETARY.—Action by the 

Secretary shall be required for a State or metropolitan 

planning organization to select any project from the illustrative list of additional projects included in the financial 

plan under paragraph (2)(B)(iv) for inclusion in an approved TIP. 

(7) PUBLICATION.— 

(A) PUBLICATION OF TIPS.—A TIP involving Federal participation shall be published or otherwise made readily 

available by the metropolitan planning organization for 

public review. 

(B) PUBLICATION OF ANNUAL LISTINGS OF PROJECTS.— 

(i) IN GENERAL.—An annual listing of projects, including investments in pedestrian walkways and bicycle transportation facilities, for which Federal funds 

have been obligated in the preceding year shall be 

published or otherwise made available by the cooperative effort of the State, transit operator, and metropolitan planning organization for public review. 

(ii) REQUIREMENT.—The listing shall be consistent 

with the categories identified in the TIP. 

(k) TRANSPORTATION MANAGEMENT AREAS.— 

(1) IDENTIFICATION AND DESIGNATION.— 

(A) REQUIRED IDENTIFICATION.—The Secretary shall 

identify as a transportation management area each urbanized area (as defined by the Bureau of the Census) with a 

population of over 200,000 individuals. 

(B) DESIGNATIONS ON REQUEST.—The Secretary shall 

designate any additional area as a transportation management area on the request of the Governor and the metropolitan planning organization designated for the area. 


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(2) TRANSPORTATION PLANS.—In a transportation management area, transportation plans shall be based on a continuing 

and comprehensive transportation planning process carried out 

by the metropolitan planning organization in cooperation with 

the State and public transportation operators. 

(3) CONGESTION MANAGEMENT PROCESS.— (A) IN GENERAL.—Within a metropolitan planning area 

serving a transportation management area, the transportation planning process under this section shall address 

congestion management through a process that provides 

for effective management and operation, based on a cooperatively developed and implemented metropolitan-wide 

strategy, of new and existing transportation facilities eligible for funding under this chapter and title 23 through the 

use of travel demand reduction (including intercity bus operators, employer-based commuting programs, such as a 

carpool program, vanpool program, transit benefit program, parking cash-out program, shuttle program, or 

telework program), job access projects, and operational 

management strategies. 

(B) SCHEDULE.—The Secretary shall establish an appropriate phase-in schedule for compliance with the requirements of this section but no sooner than 1 year after the 

identification of a transportation management area. 

(C) CONGESTION MANAGEMENT PLAN.—A metropolitan 

planning organization serving a transportation management area may develop a plan that includes projects and 

strategies that will be considered in the TIP of such metropolitan planning organization. Such plan shall— 

(i) develop regional goals to reduce vehicle miles 

traveled during peak commuting hours and improve 

transportation connections between areas with high 

job concentration and areas with high concentrations 

of low- income households; 

(ii) identify existing public transportation services, 

employer-based commuter programs, and other existing transportation services that support access to jobs 

in the region; and 

(iii) identify proposed projects and programs to reduce congestion and increase job access opportunities. 

(D) PARTICIPATION.—In developing the plan under subparagraph (C), a metropolitan planning organization shall 

consult with employers, private and non-profit providers of 

public transportation, transportation management organizations, and organizations that provide job access reverse 

commute projects or job-related services to low-income individuals. 

(4) SELECTION OF PROJECTS.— 

(A) IN GENERAL.—All Federally funded projects carried 

out within the boundaries of a metropolitan planning area 

serving a transportation management area under title 23 

(excluding projects carried out on the National Highway 

System) or under this chapter shall be selected for implementation from the approved TIP by the metropolitan 


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planning organization designated for the area in consultation with the State and any affected public transportation 

operator. 

(B) NATIONAL HIGHWAY SYSTEM PROJECTS.—Projects carried out within the boundaries of a metropolitan planning 

area serving a transportation management area on the 

National Highway System shall be selected for implementation from the approved TIP by the State in cooperation 

with the metropolitan planning organization designated for 

the area. 

(5) CERTIFICATION.— 

(A) IN GENERAL.—The Secretary shall— 

(i) ensure that the metropolitan planning process of 

a metropolitan planning organization serving a transportation management area is being carried out in accordance with applicable provisions of Federal law; 

and 

(ii) subject to subparagraph (B), certify, not less 

often than once every 4 years, that the requirements 

of this paragraph are met with respect to the metropolitan planning process. 

(B) REQUIREMENTS FOR CERTIFICATION.—The Secretary 

may make the certification under subparagraph (A) if— 

(i) the transportation planning process complies 

with the requirements of this section and other applicable requirements of Federal law; and 

(ii) there is a TIP for the metropolitan planning area 

that has been approved by the metropolitan planning 

organization and the Governor. 

(C) EFFECT OF FAILURE TO CERTIFY.— 

(i) WITHHOLDING OF PROJECT FUNDS.—If a metropolitan planning process of a metropolitan planning 

organization serving a transportation management 

area is not certified, the Secretary may withhold up to 

20 percent of the funds attributable to the metropolitan planning area of the metropolitan planning organization for projects funded under this chapter and title 

23. 

(ii) RESTORATION OF WITHHELD FUNDS.—The withheld funds shall be restored to the metropolitan planning area at such time as the metropolitan planning 

process is certified by the Secretary. 

(D) REVIEW OF CERTIFICATION.—In making certification 

determinations under this paragraph, the Secretary shall 

provide for public involvement appropriate to the metropolitan area under review. 

(l) REPORT ON PERFORMANCE-BASED PLANNING PROCESSES.— 

(1) IN GENERAL.—The Secretary shall submit to Congress a 

report on the effectiveness of the performance-based planning 

processes of metropolitan planning organizations under this 

section, taking into consideration the requirements of this subsection. 


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(2) REPORT.—Not later than 5 years after the date of enactment of the Federal Public Transportation Act of 2012, the Secretary shall submit to Congress a report evaluating— 

(A) the overall effectiveness of performance-based planning as a tool for guiding transportation investments; 

(B) the effectiveness of the performance-based planning 

process of each metropolitan planning organization under 

this section; 

(C) the extent to which metropolitan planning organizations have achieved, or are currently making substantial 

progress toward achieving, the performance targets specified under this section and whether metropolitan planning 

organizations are developing meaningful performance targets; and 

(D) the technical capacity of metropolitan planning organizations that operate within a metropolitan planning area 

with a population of 200,000 or less and their ability to 

carry out the requirements of this section. 

(3) PUBLICATION.—The report under paragraph (2) shall be 

published or otherwise made available in electronically accessible formats and means, including on the Internet. 

(m) ABBREVIATED PLANS FOR CERTAIN AREAS.— (1) IN GENERAL.—Subject to paragraph (2), in the case of a 

metropolitan area not designated as a transportation management area under this section, the Secretary may provide for 

the development of an abbreviated transportation plan and TIP 

for the metropolitan planning area that the Secretary determines is appropriate to achieve the purposes of this section, 

taking into account the complexity of transportation problems 

in the area. 

(2) NONATTAINMENT AREAS.—The Secretary may not permit 

abbreviated plans or TIPs for a metropolitan area that is in 

nonattainment for ozone or carbon monoxide under the Clean 

Air Act (42 U.S.C. 7401 et seq.). 

(n) ADDITIONAL REQUIREMENTS FOR CERTAIN NONATTAINMENT

AREAS.— 

(1) IN GENERAL.—Notwithstanding any other provisions of 

this chapter or title 23, for transportation management areas 

classified as nonattainment for ozone or carbon monoxide pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.), Federal 

funds may not be advanced in such area for any highway 

project that will result in a significant increase in the carrying 

capacity for single-occupant vehicles unless the project is addressed through a congestion management process. 

(2) APPLICABILITY.—This subsection applies to a nonattainment area within the metropolitan planning area boundaries 

determined under subsection (e). 

(o) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing in this 

section shall be construed to confer on a metropolitan planning organization the authority to impose legal requirements on any 

transportation facility, provider, or project not eligible under this 

chapter or title 23. 

(p) FUNDING.—Funds apportioned under section 104(b)(5) of title 

23 or section 5305(g) shall be available to carry out this section. 


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(q) CONTINUATION OF CURRENT REVIEW PRACTICE.—Since plans 

and TIPs described in this section are subject to a reasonable opportunity for public comment, since individual projects included in 

plans and TIPs are subject to review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), and since decisions by the Secretary concerning plans and TIPs described in this 

section have not been reviewed under that Act as of January 1, 

1997, any decision by the Secretary concerning a plan or TIP described in this section shall not be considered to be a Federal action 

subject to review under that Act. 

(r) BI-STATE METROPOLITAN PLANNING ORGANIZATION.— (1) DEFINITION OF BI-STATE MPO REGION.—In this subsection, 

the term ‘‘Bi-State Metropolitan Planning Organization’’ has 

the meaning given the term ‘‘region’’ in subsection (a) of Article 

II of the Lake Tahoe Regional Planning Compact (Public Law 

96-551; 94 Stat. 3234). 

(2) TREATMENT.—For the purpose of this title, the Bi-State 

Metropolitan Planning Organization shall be treated as— 

(A) a metropolitan planning organization; 

(B) a transportation management area under subsection 

(k); and 

(C) an urbanized area, which is comprised of a population of 145,000 and 25 square miles of land area in the 

State of California and a population of 65,000 and 12 

square miles of land area in the State of Nevada. 

* * * * * * * 

SUBTITLE IV—INTERSTATE TRANSPORTATION 

* * * * * * * 

PART B—MOTOR CARRIERS, WATER CARRIERS, BROKERS, AND FREIGHT FORWARDERS 

* * * * * * * 

CHAPTER 145—FEDERAL-STATE RELATIONS 

§ 14501. Federal authority over intrastate transportation 

(a) MOTOR CARRIERS OF PASSENGERS.— 

(1) LIMITATION ON STATE LAW.—No State or political subdivision thereof and no interstate agency or other political agency 

of 2 or more States shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of 

law relating to— 

(A) scheduling of interstate or intrastate transportation 

(including discontinuance or reduction in the level of service) provided by a motor carrier of passengers subject to jurisdiction under subchapter I of chapter 135 of this title on 

an interstate route; 

(B) the implementation of any change in the rates for 

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cept to the extent that notice, not in excess of 30 days, of 

changes in schedules may be required; or 

(C) the authority to provide intrastate or interstate charter bus transportation. 

This paragraph shall not apply to intrastate commuter bus operations, or to intrastate bus transportation of any nature in 

the State of Hawaii. 

(2) MATTERS NOT COVERED.—Paragraph (1) shall not restrict 

the safety regulatory authority of a State with respect to motor 

vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle, or the authority of a State to regulate carriers with regard to minimum amounts of financial responsibility relating 

to insurance requirements and self-insurance authorization. 

(b) FREIGHT FORWARDERS AND BROKERS.— 

(1) GENERAL RULE.—Subject to paragraph (2) of this subsection, no State or political subdivision thereof and no intrastate agency or other political agency of 2 or more States shall 

enact or enforce any law, rule, regulation, standard, or other 

provision having the force and effect of law relating to intrastate rates, intrastate routes, or intrastate services of any 

freight forwarder or broker. 

(2) CONTINUATION OF HAWAII’S AUTHORITY.—Nothing in this 

subsection and the amendments made by the Surface Freight 

Forwarder Deregulation Act of 1986 shall be construed to affect the authority of the State of Hawaii to continue to regulate 

a motor carrier operating within the State of Hawaii. 

(c) MOTOR CARRIERS OF PROPERTY.— 

(1) GENERAL RULE.—Except as provided in øparagraphs (2) 

and (3)¿ paragraphs (3) and (4), a State, political subdivision 

of a State, or political authority of 2 or more States may not 

enact or enforce a law, regulation, or other provision having 

the force and effect of law related to a price, route, or service 

of any motor carrier (other than a carrier affiliated with a direct air carrier covered by section 41713(b)(4)) or any motor 

private carrier, broker, or freight forwarder with respect to the 

transportation of property. 

(2) ADDITIONAL LIMITATIONS.— 

(A) A State, political subdivision of a State, or political 

authority of 2 or more States may not enact or enforce a 

law, regulation, or other provision having the force and effect of law prohibiting employees whose hours of service are 

subject to regulation by the Secretary under section 31502 

from working to the full extent permitted or at such times 

as permitted under such section, or imposing any additional obligations on motor carriers if such employees work 

to the full extent or at such times as permitted under such 

section, including any related activities regulated under 

part 395 of title 49, Code of Federal Regulations. 

(B) Nothing in this paragraph shall be construed to limit 

the provisions of paragraph (1). 

ø(2)¿ (3) MATTERS NOT COVERED.—øParagraph (1)¿ Paragraphs (1) and (2)— 


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(A) shall not restrict the safety regulatory authority of a 

State with respect to motor vehicles, the authority of a 

State to impose highway route controls or limitations 

based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to 

regulate motor carriers with regard to minimum amounts 

of financial responsibility relating to insurance requirements and self-insurance authorization; 

(B) does not apply to the intrastate transportation of 

household goods; and 

(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the regulation of tow 

truck operations performed without the prior consent or 

authorization of the owner or operator of the motor vehicle. 

ø(3)¿ (4) STATE STANDARD TRANSPORTATION PRACTICES.— 

(A) CONTINUATION.—øParagraph (1)¿ Paragraphs (1) 

and (2) shall not affect any authority of a State, political 

subdivision of a State, or political authority of 2 or more 

States to enact or enforce a law, regulation, or other provision, with respect to the intrastate transportation of property by motor carriers, related to— 

(i) uniform cargo liability rules, 

(ii) uniform bills of lading or receipts for property 

being transported, 

(iii) uniform cargo credit rules, 

(iv) antitrust immunity for joint line rates or routes, 

classifications, mileage guides, and pooling, or 

(v) antitrust immunity for agent-van line operations 

(as set forth in section 13907), 

if such law, regulation, or provision meets the requirements of subparagraph (B). 

(B) REQUIREMENTS.—A law, regulation, or provision of a 

State, political subdivision, or political authority meets the 

requirements of this subparagraph if— 

(i) the law, regulation, or provision covers the same 

subject matter as, and compliance with such law, regulation, or provision is no more burdensome than compliance with, a provision of this part or a regulation 

issued by the Secretary or the Board under this part; 

and 

(ii) the law, regulation, or provision only applies to 

a carrier upon request of such carrier. 

(C) ELECTION.—Notwithstanding any other provision of 

law, a carrier affiliated with a direct air carrier through 

common controlling ownership may elect to be subject to a 

law, regulation, or provision of a State, political subdivision, or political authority under this paragraph. 

ø(4)¿ (5) NONAPPLICABILITY TO HAWAII.—This subsection 

shall not apply with respect to the State of Hawaii. 

ø(5)¿ (6) LIMITATION ON STATUTORY CONSTRUCTION.—Nothing 

in this section shall be construed to prevent a State from requiring that, in the case of a motor vehicle to be towed from 


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private property without the consent of the owner or operator 

of the vehicle, the person towing the vehicle have prior written 

authorization from the property owner or lessee (or an employee or agent thereof) or that such owner or lessee (or an employee or agent thereof) be present at the time the vehicle is 

towed from the property, or both. 

(d) PRE-ARRANGED GROUND TRANSPORTATION.— 

(1) IN GENERAL.—No State or political subdivision thereof 

and no interstate agency or other political agency of 2 or more 

States shall enact or enforce any law, rule, regulation, standard or other provision having the force and effect of law requiring a license or fee on account of the fact that a motor vehicle 

is providing pre-arranged ground transportation service if the 

motor carrier providing such service— 

(A) meets all applicable registration requirements under 

chapter 139 for the interstate transportation of passengers; 

(B) meets all applicable vehicle and intrastate passenger 

licensing requirements of the State or States in which the 

motor carrier is domiciled or registered to do business; and 

(C) is providing such service pursuant to a contract for— 

(i) transportation by the motor carrier from one 

State, including intermediate stops, to a destination in 

another State; or 

(ii) transportation by the motor carrier from one 

State, including intermediate stops in another State, 

to a destination in the original State. 

(2) INTERMEDIATE STOP DEFINED.—In this section, the term 

‘‘intermediate stop’’, with respect to transportation by a motor 

carrier, means a pause in the transportation in order for one 

or more passengers to engage in personal or business activity, 

but only if the driver providing the transportation to such passenger or passengers does not, before resuming the transportation of such passenger (or at least 1 of such passengers), provide transportation to any other person not included among the 

passengers being transported when the pause began. 

(3) MATTERS NOT COVERED.—Nothing in this subsection shall 

be construed— 

(A) as subjecting taxicab service to regulation under 

chapter 135 or section 31138; 

(B) as prohibiting or restricting an airport, train, or bus 

terminal operator from contracting to provide preferential 

access or facilities to one or more providers of pre-arranged 

ground transportation service; and 

(C) as restricting the right of any State or political subdivision of a State to require, in a nondiscriminatory manner, that any individual operating a vehicle providing prearranged ground transportation service originating in the 

State or political subdivision have submitted to pre-licensing drug testing or a criminal background investigation of 

the records of the State in which the operator is domiciled, 

by the State or political subdivision by which the operator 

is licensed to provide such service, or by the motor carrier 


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providing such service, as a condition of providing such 

service. 

* * * * * * * 

TITLE 46, UNITED STATES CODE 

* * * * * * * 

Subtitle II—Vessels and Seamen 

* * * * * * * 

PART G—MERCHANT SEAMEN PROTECTION AND RELIEF

* * * * * * * 

CHAPTER 103—FOREIGN AND INTERCOASTAL VOYAGES 

* * * * * * * 

§ 10313. Wages 

(a) A seaman’s entitlement to wages and provisions begins when 

the seaman begins work or when specified in the agreement required by section 10302 of this title for the seaman to begin work 

or be present on board, whichever is earlier. 

(b) Wages are not dependent on the earning of freight by the vessel. When the loss or wreck of the vessel ends the service of a seaman before the end of the period contemplated in the agreement, 

the seaman is entitled to wages for the period of time actually 

served. The seaman shall be deemed a destitute seaman under section 11104 of this title. This subsection applies to a fishing or whaling vessel but not a yacht. 

(c) When a seaman who has signed an agreement is discharged 

improperly before the beginning of the voyage or before one 

month’s wages are earned, without the seaman’s consent and without the seaman’s fault justifying discharge, the seaman is entitled 

to receive from the master or owner, in addition to wages earned, 

one month’s wages as compensation. 

(d) A seaman is not entitled to wages for a period during which 

the seaman— 

(1) unlawfully failed to work when required, after the time 

fixed by the agreement for the seaman to begin work; or 

(2) lawfully was imprisoned for an offense, unless a court 

hearing the case otherwise directs. 

(e) After the beginning of the voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages 

earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the 

expiration of 5 days from the beginning of the voyage, not more 

than once in 5 days, and not more than once in the same port on 

the same entry. If a master does not comply with this subsection, 

the seaman is released from the agreement and is entitled to payment of all wages earned. Notwithstanding a release signed by a 

seaman under section 10312 of this title, a court having jurisdiction 

may set aside, for good cause shown, the release and take action 


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that justice requires. This subsection does not apply to a fishing or 

whaling vessel or a yacht. 

(f) At the end of a voyage, the master shall pay each seaman the 

balance of wages due the seaman within 24 hours after the cargo 

has been discharged or within 4 days after the seaman is discharged, whichever is earlier. When a seaman is discharged and 

final payment of wages is delayed for the period permitted by this 

subsection, the seaman is entitled at the time of discharge to onethird of the wages due the seaman. 

(g)(1) Subject to paragraph (2), when payment is not made as 

provided under subsection (f) of this section without sufficient 

cause, the master or owner shall pay to the seaman 2 days’ wages 

for each day payment is delayed. 

(2) The total amount required to be paid under paragraph (1) 

with respect to øall claims in a class action suit by seamen¿ each 

claim by a seaman on a passenger vessel capable of carrying more 

than 500 passengers for wages under this section against a vessel 

master, owner, or operator or the employer of øthe seamen¿ the 

seaman shall not exceed ten times the unpaid wages that are the 

subject of the claims. 

(3) A øclass action¿ suit for wages under this subsection must be 

commenced within three years after the later of— 

(A) the date of the end of the last voyage for which the wages 

are claimed; or 

(B) the receiptø, by a seaman who is a claimant in the suit,¿ 

by the seaman of a payment of wages that are the subject of 

the suit that is made in the ordinary course of employment. 

(h) Subsections (f) and (g) of this section do not apply to a fishing 

or whaling vessel or a yacht. 

(i) This section applies to a seaman on a foreign vessel when in 

a harbor of the United States. The courts are available to the seaman for the enforcement of this section. 

* * * * * * * 

CHAPTER 105—COASTWISE VOYAGES 

* * * * * * * 

§ 10504. Wages 

(a) After the beginning of a voyage, a seaman is entitled to receive from the master, on demand, one-half of the balance of wages 

earned and unpaid at each port at which the vessel loads or delivers cargo during the voyage. A demand may not be made before the 

expiration of 5 days from the beginning of the voyage, not more 

than once in 5 days, and not more than once in the same port on 

the same entry. If a master does not comply with this subsection, 

the seaman is released from the agreement required by section 

10502 of this title and is entitled to payment of all wages earned. 

Notwithstanding a release signed by a seaman under section 10312 

of this title, a court having jurisdiction may set aside, for good 

cause shown, the release and take action that justice requires. This 

subsection does not apply to a fishing or whaling vessel or a yacht. 

(b) The master shall pay a seaman the balance of wages due the 

seaman within 2 days after the termination of the agreement reVerDate Sep 11 2014 05:23 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00131 Fmt 6604 Sfmt 6601 E:\HR\OC\HR606.XXX HR606

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quired by section 10502 of this title or when the seaman is discharged, whichever is earlier. 

(c)(1) Subject to subsection (d), and except as provided in paragraph (2), when payment is not made as provided under subsection 

(b) of this section without sufficient cause, the master or owner 

shall pay to the seaman 2 days’ wages for each day payment is delayed. 

(2) The total amount required to be paid under paragraph (1) 

with respect to øall claims in a class action suit by seamen¿ each 

claim by a seaman on a passenger vessel capable of carrying more 

than 500 passengers for wages under this section against a vessel 

master, owner, or operator or the employer of øthe seamen¿ the 

seaman shall not exceed ten times the unpaid wages that are the 

subject of the claims. 

(3) A øclass action¿ suit for wages under this subsection must be 

commenced within three years after the later of— 

(A) the date of the end of the last voyage for which the wages 

are claimed; or 

(B) the receiptø, by a seaman who is a claimant in the suit,¿ 

by the seaman of a payment of wages that are the subject of 

the suit that is made in the ordinary course of employment. 

(d) Subsections (b) and (c) of this section do not apply to: 

(1) a vessel engaged in coastwise commerce. 

(2) a yacht. 

(3) a fishing vessel. 

(4) a whaling vessel. 

(e) This section applies to a seaman on a foreign vessel when in 

harbor of the United States. The courts are available to the seaman 

for the enforcement of this section. 

(f) DEPOSITS IN SEAMAN ACCOUNT.—On written request signed by 

the seaman, a seaman employed on a passenger vessel capable of 

carrying more than 500 passengers may authorize, the master, 

owner, or operator of the vessel, or the employer of the seaman, to 

make deposits of wages of the seaman into a checking, savings, investment, or retirement account, or other account to secure a payroll or debit card for the seaman if— 

(1) the wages designated by the seaman for such deposit are 

deposited in a United States or international financial institution designated by the seaman; 

(2) such deposits in the financial institution are fully guaranteed under commonly accepted international standards by the 

government of the country in which the financial institution is 

licensed; 

(3) a written wage statement or pay stub, including an accounting of any direct deposit, is delivered to the seaman no 

less often than monthly; and 

(4) while on board the vessel on which the seaman is employed, the seaman is able to arrange for withdrawal of all 

funds on deposit in the account in which the wages are deposited. 

* * * * * * * 


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CHANGES IN THE APPLICATION OF EXISTING LAW

Pursuant to clause 3(f)(1)(A) of rule XIII of the Rules of the 

House of Representatives, the following statements are submitted 

describing the effect of provisions in the accompanying bill which 

directly or indirectly change the application of existing law. 

TITLE I—DEPARTMENT OF TRANSPORTATION

Language is included under Office of the Secretary, ‘Salaries and 

expenses’ specifying certain amounts for individual offices of the 

Office of the Secretary and official reception and representation expenses; specifying transfer authority among offices; allowing up to 

$2,500,000 in user fees to be credited to the account; and prohibiting the establishment of Assistant Secretary of Public Affairs. 

Language is included under the Office of the Secretary, ‘Research 

and technology’ which limits the availability of funds, changes the 

availability of funds, allows funds received from other entities to be 

credited to the account, and deems the title of the office. 

Language is included under the Office of the Secretary, ‘National 

Infrastructure Investments’ which limits the availability of funds, 

provides for the distribution of funds, specifies that funds are available only for certain activities, allows the use of funds for administrative costs, ensures equitable geographic distribution of funds, 

specifies amounts for grants, limits that amount that may be 

awarded to a single state, specifies an amount for the federal cost 

share, provides priority to projects that require a contribution of 

Federal funds, specifies a percentage for administration and oversight, minimum grants size and Federal cost share for rural 

projects, and specifies that projects must comply with certain requirements in the United States Code. 

Language is included under the Office of the Secretary, ‘Financial management capital’ which provides funds to upgrade DOT’s 

financial systems and processes, and changes the availability of 

funds. 

Language is included under the Office of the Secretary, ‘Cyber 

security initiatives’ which provides funds for information technology security upgrades, and changes the availability of funds. 

Language is included under the Office of the Secretary, ‘Transportation planning, research, and development’ which provides 

funds for conducting transportation planning, research, systems development, development activities and making grants, and changes 

the availability of funds. 

Language is included that limits operating costs and capital outlays of the Working Capital Fund for the Department of Transportation; provides that services shall be provided on a competitive 

basis, except for non-DOT entities; restricts the transfer for any 

funds to the Working Capital Fund with approval; and limits special assessments or reimbursable agreements levied against any 

program, project or activity funded in this Act to only those assessments or reimbursable agreements that are presented to and approved by the House and Senate Committees on Appropriations. 

Language is included under the Office of the Secretary, ‘Minority 

business resource center’ which limits the amount of loans that can 

be subsidized, and provides funds for administrative expenses. 


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Language is included under Office of the Secretary, ‘Small and 

disadvantaged business utilization and outreach’ specifying that 

funds may be used for business opportunities related to any mode 

of transportation, and limits the availability of funds. 

Language is included under the Office of the Secretary, ‘Payments to air carriers’ that allows the Secretary of Transportation 

to consider subsidy requirements when determining service to a 

community, eliminates the requirement that carriers use at least 

15-passenger aircraft, prohibits funds for communities within a certain distance of a small hub airport without a cost-share, allows 

amounts to be made available from the Federal Aviation Administration, and allows the reimbursement of such amounts from overflight fees. 

Section 101 prohibits the Office of the Secretary of Transportation from approving assessments or reimbursable agreements 

pertaining to funds appropriated to the modal administrations in 

this Act, unless such assessments or agreements have completed 

the normal reprogramming process for Congressional notification. 

Section 102 allows the Department to use the Working Capital 

Fund to provide transit benefits to Federal employees. 

Section 103 sets administrative requirements of the Department’s Credit Council. 

Language is included under the Federal Aviation Administration, 

‘Operations’ that specifies funds for certain activities; derives funds 

from the Airport and Airway Trust Fund; specifies amounts for certain activities; specifies transfer authorities among activities; requires various staffing plans by a certain date with financial penalties for late submissions; permits the use of funds to enter into 

a grant agreement with a nonprofit standard setting organization 

to develop aviation safety standards; prohibits the use of funds for 

new applicants of the second career training program; prohibits 

funds to plan, finalize, or implement any regulation that would promulgate new aviation user fees not specifically authorized by law; 

credits funds received from other entities for expenses incurred in 

the provision of agency services; specifies funds for the contract 

tower programs; and prohibits funds from certain activities coordinated through the Working Capital Fund. 

Language is included under Federal Aviation Administration, 

‘Facilities and equipment’ that funds various activities from the 

Airport and Airway Trust Fund, limits the availability of funds, allows certain funds received for expenses incurred in the establishment and modernization of air navigation facilities to be credited 

to the account, and that requires the Secretary of Transportation 

to transmit a comprehensive capital investment plan for the Federal Aviation Administration, with financial penalties for a late 

submission. 

Language is included under Federal Aviation Administration, 

‘Research, engineering, and development’ that provides funds from 

the Airport and Airway Trust Fund; that limits the availability of 

funds; and that allows certain funds received for expenses incurred 

in research, engineering and development to be credited to the account. 

Language is included under Federal Aviation Administration, 

‘Grants-in-aid for airports’ that provides funds from the Airport 


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and Airway Trust Fund, changes the availability of funds, prohibits 

the availability of funds for certain activities, and limits the availability of funds for certain activities. 

Section 110 limits the number of technical workyears at the Center for Advanced Aviation Systems Development to 600 in fiscal 

year 2017. 

Section 111 prohibits FAA from requiring airport sponsors to provide the agency ‘without cost’ building construction, maintenance, 

utilities and expenses, or space in sponsor-owned buildings, except 

in the case of certain specified exceptions. 

Section 112 allows reimbursement for fees collected and credited 

under 49 U.S.C. 45303. 

Section 113 allows reimbursement of funds for providing technical assistance to foreign aviation authorities to be credited to the 

operations account. 

Section 114 prohibits the FAA from paying Sunday premium pay 

except in those cases where the individual actually worked on a 

Sunday. 

Section 115 prohibits FAA from using funds to purchase store 

gift cards or gift certificates through a government-issued credit 

card. 

Section 116 requires approval from the Assistant Secretary for 

Administration of the Department of Transportation for retention 

bonuses for any FAA employee. 

Section 117 requires the Secretary to block the display of an 

owner or operator’s aircraft registration number in the Aircraft Situational Display to Industry program, upon the request of an 

owner or operator. 

Section 118 prohibits funds for more than 9 political appointees 

at the Federal Aviation Administration. 

Section 119 prohibits funds to increase fees pursuant to Section 

44721 of title 49, U.S.C. until the FAA submits a report to the 

House and Senate Committees on Appropriations. 

Section 119A prohibits funds to close a regional operations center 

or reduce services unless the Administrator notifies the House and 

Senate Committees on Appropriations. 

Section 119B prohibits funds to change weigh restrictions or 

prior permission rules at Teterboro airport in Teterboro, New Jersey. 

Language is included under the Federal Highway Administration, ‘Limitation on administrative expenses’ that, contingent on 

enactment of authorization legislation, limits the amount to be 

paid, together with advances and reimbursements received, for the 

administrative expenses of the agency. In addition to this limitation, an amount is specified that is to be made available to the Appalachian Regional Commission for administrative expenses. 

Language is included under the Federal Highway Administration, ‘Federal-aid highways’ that, contingent on enactment of authorization legislation, limits the obligations for Federal-aid highways and highway safety construction programs; allows the Secretary to charge, collect and spend fees for the costs of underwriting and servicing Federal credit instruments; and provides that 

such amounts are in addition to administrative expenses, and not 

subject to any obligation limitation or limitation on administrative 


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expenses under section 608 of title 23, U.S.C., and available until 

expended. 

Language is included under the Federal Highway Administration, ‘Federal-aid highways’ that, contingent on enactment of authorization legislation, liquidates contract authority from the Highway Trust Fund. 

Section 120 distributes obligation authority among Federal-aid 

highways programs, contingent on enactment of authorization legislation. 

Section 121 credits funds received by the Bureau of Transportation Statistics to the Federal-aid highways account. 

Section 122 provides requirements for any waiver of the Buy 

America Act. 

Section 123 requires Congressional notification before the Department provides credit assistance under sections 603 and 604 of 

title 23, U.S.C. 

Language is included under the Federal Motor Carrier Safety 

Administration, ‘Motor carrier safety operations and programs’ 

that, contingent on enactment of authorization legislation, provides 

a limitation on obligations and liquidation of contract authorization; changes the availability of funds; and specifies amounts available for specific activities. 

Language is included under the Federal Motor Carrier Safety 

Administration, ‘Motor carrier safety grants’ that, contingent on enactment of authorization legislation, provides a limitation on obligations and liquidation of contract authorization and specifies 

amounts available for various programs. 

Section 130 provides that funds appropriated are subject to terms 

and conditions included in prior appropriations Acts regarding 

Mexico-domiciled motor carriers. 

Section 131 requires the Federal Motor Carrier Safety Administration to send notices of certain violations such that the receipt of 

such notice is confirmed. 

Section 132 suspends enforcement of recent changes to the restart provisions of the hours of service regulation unless certain 

conditions are met. 

Section 133 prohibits funds from being used for a wireless roadside inspection program unless certain conditions are met. 

Section 134 clarified the preemption of state and local laws and 

regulations by federal laws, and regulations related to motor carrier driver hours of service, and makes such preemption retroactive 

to the date of enactment of Public Law 103–305. 

Section 135 prohibits funds from being used to amend or revise 

regulations relating to safety fitness determinations for motor carriers unless certain conditions are met. 

Language is included under National Highway Traffic Safety Administration, ‘Operations and research’ that provides funds for vehicle safety activities. 

Language is included under National Highway Traffic Safety Administration, ‘Operations and research’ that, contingent on enactment of authorization legislation, provides a limitation on obligations and a liquidation of contract authorization from the Highway 

Trust Fund; specifies amounts for various programs; and makes 

available unobligated balances of prior year contract authority. 


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Language is included under the National Highway Traffic Safety 

Administration ‘Highway traffic safety grants’ that, contingent on 

enactment of authorization legislation, provides a limitation on obligations; changes the availability of funds; provides a liquidation 

of contract authorization from the Highway Trust Fund; specifies 

the amounts for various programs; prohibits and limits funds for 

specific purposes; and requires certain Congressional notifications. 

Section 140 provides funding for travel and related expenses for 

state management reviews and highway safety core competency development training. 

Section 141 exempts obligation authority that was made available in previous public laws from limitations on obligations set in 

this Act. 

Section 142 prohibits funding for the national roadside survey. 

Section 143 prohibits funding for mandated global positioning 

system tracking. 

Language is included under Federal Railroad Administration, 

‘Safety and operations’ that provides and changes the availability 

of funds. 

Language is included under Federal Railroad Administration, 

‘Railroad research and development’ that provides and changes the 

availability of funds. 

Language is included under Federal Railroad Administration, 

‘Railroad rehabilitation and improvement financing program’ authorizing the Secretary to issue direct loans and loan guarantees 

under sections 501 through 504 of the Railroad Revitalization and 

Regulatory Reform Act and prohibits new direct loans or loan guarantee commitments in 2017 that use Federal funds for the credit 

risk premium, except for funding awards under section 3028(c) of 

Public Law 114–94. 

Language is included under the Federal Railroad Administration, 

‘Federal-State partnership for the state of good repair grants’ that 

provide funds, changes the availability of funds, and allows the 

Secretary to withhold funding for a specified purpose. 

Language is included under the Federal Railroad Administration, 

‘Consolidated rail infrastructure and safety improvement grants’ 

that provide funds, changes the availability of funds, and allows 

the Secretary to withhold funding for a specified purpose. 

Language is included under the Federal Railroad Administration, 

‘Northeast corridor grants to the national railroad passenger corporation’ that provides and specifies a funding level for activities. 

Language is included under the Federal Railroad Administration, 

‘National network grants to the national railroad passenger corporation’ that provides and specifies a funding level for activities. 

Section 150 limits overtime to $35,000 per employee; allows Amtrak’s president to waive this restriction for specific employees for 

safety or operational efficiency reasons; requires quarterly notification to the House and Senate Committees on Appropriations on 

waivers granted for overtime and specified information related to 

overtime; requires the president of Amtrak to provide a report that 

includes specified information on overtime payments incurred for 

2016 and two prior years. 

Language is included under Federal Transit Administration, ‘Administrative expenses’ specifying amounts for certain activities, 


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prohibiting a permanent office of transit security, and directing the 

submission of the annual report on new starts. 

Language is included under Federal Transit Administration, 

‘Transit formula grants’ that provides a limitation on obligations 

from the Highway Trust Fund, provides for the liquidation of contract authority, and changes the availability of funds. 

Language is included under Federal Transit Administration 

‘Technical assistance and training’ that specifies amounts for certain activities. 

Language is included under Federal Transit Administration, 

‘Capital investment grants’ that changes the availability of funds. 

Language is included under Federal Transit Administration, 

‘Washington metropolitan area transit authority’ that changes the 

availability of funds, requires the Secretary to review projects before a grant is made, requires the Secretary to determine that 

WMATA has placed the highest priority on safety investments and 

has eliminated financial management issues, and allows the Secretary to waive the requirement for cellular phone service. 

Section 160 exempts previously made transit obligations from 

limitations on obligations. 

Section 161 allows funds appropriated for capital investment 

grants and bus and bus facilities not obligated by a certain date, 

plus other recoveries to be available for other projects under 49 

U.S.C. 5309. 

Section 162 allows for the transfer of prior year appropriations 

from older accounts to be merged into new accounts with similar, 

current activities. 

Section 163 prohibits a full funding grant agreement for a project 

with a new starts share greater than 50 percent. 

Section 164 prohibits funds for a certain fixed guideway project 

in Houston, Texas. 

Language is included under the Saint Lawrence Seaway Development Corporation that authorizes expenditures, contracts, and commitments as may be necessary. 

Language is included under the Saint Lawrence Seaway Development Corporation ‘Operations and maintenance’ that provides 

funds derived from the Harbor Maintenance Trust Fund. 

Language is included under Maritime Administration, ‘Maritime 

security program’ that provides funds to preserve a U.S. flag merchant fleet. 

Language is included under Maritime Administration, ‘Operations and training’ that provides specific funds for a national security multi-mission vessel design, training ship fuel assistance payments, maritime environment and technology assistance, Student 

Incentive Program payments, capital improvements at the United 

States Merchant Marine Academy, and the State Maritime Schools 

Schoolship Maintenance and Repair; directs allotment holders; and 

limits funds until the Secretary completes a plan detailing how 

funding will be expended at the Academy. 

Language is included under Maritime Administration, ‘Maritime 

guaranteed loan (title XI) program account’ that provides for the 

transfer to ‘‘Operations and training.’’ 


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Section 170 allows the Maritime Administration to furnish utilities and services and make repairs to any lease, contract, or occupancy involving government property under the control of MARAD. 

Section 171 continues a provision regarding MARAD ship disposal. 

Language is included under Pipeline and Hazardous Materials 

Safety Administration, ‘Operational expenses’ which provides funding for operations. 

Language is included under Pipeline and Hazardous Materials 

Safety Administration, ‘Hazardous materials safety’ which funds 

hazardous and materials safety functions, limits the period of availability, allows up to $800,000 in fees collected under 49 U.S.C. 

5108(g) to be deposited in the general fund of the Treasury as offsetting receipts, and credits to the appropriation for the account 

funds received from states, counties, other public authorities, and 

private sources for certain expenses. 

Language is included under Pipeline and Hazardous Materials 

Safety Administration, ‘Pipeline safety’ which specifies the amounts 

derived from the pipeline safety fund and the oil spill liability trust 

fund, limits the period of availability, and specifies a minimum 

funding level for the one-call state grant program. 

Language is included under Pipeline and Hazardous Materials 

Safety Administration, ‘Emergency preparedness grants’ which 

specifies the amount derived from the Emergency Preparedness 

Fund, limits the availability of some funds, allows up to four percent of funds made available for administrative costs, and prohibits 

funds from being obligated by anyone other than the Secretary or 

a designee of the Secretary. 

Language is included under Office of Inspector General, ‘Salaries 

and expenses’ that provides the Inspector General with all necessary authority to investigate allegations of fraud by any person 

or entity that is subject to regulation by the Department of Transportation, the authority to investigate unfair or deceptive practices 

and unfair methods of competition by domestic and foreign air carriers and ticket agents, and allows funds to be available from forfeiture proceedings. 

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 more than 110 political and Presidential 

appointees in DOT and restricts the detailing of these personnel 

outside of DOT. 

Section 183 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 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 for grants of 

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vance notice to Congress. 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. 

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 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 allows the use of the Working Capital Fund to carry 

out the Federal Transit Pass program. 

Section 191 prohibits the use of funds to implement any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and 

delays in transportation plans. 

Section 192 prohibits funds for California High Speed Rail. 

Section 193 modifies penalty wages regarding foreign and intercoastal voyages and coastwise voyages. 

Section 194 prohibits funds used in contravention of 24305(c)(4) 

of title 49, U.S.C. regarding Amtrak food and beverage service. 

TITLE II—DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Language is included under Department of Housing and Urban 

Development, ‘Management and administration’ which designates 

funds for ‘Executive offices’; designates funds for ‘Administrative 

support offices;’ specifies funding for shared service agreements, 

the office of the chief financial officer, the office of the general 

counsel, the office of administration, the office of the chief human 

capital office, the office of field policy and management, the office 

of the chief procurement officer, the office of the departmental 

equal employment opportunity, the office of strategic planning and 

management, and the office of the chief information officer; provides flexibility to transfer any remaining funds to any office under 

the same heading or under the heading ‘Program office salaries 

and expenses’; limits official reception and representation expenses 

to $25,000; allows funds to be used for certain administrative and 

non-administrative expenses; and allows funds to be used for advertising and promotional activities that directly support program 

activities funded in this title. 

Language is included under Department of Housing and Urban 

Development, ‘Program office salaries and expenses’ which specifies 

funds for the office of public and indian housing, the office of community planning and development, the office of housing, the office 

of risk and regulatory affairs, the office of policy development and 


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research, the office of fair housing and equal opportunity, and the 

office of lead hazard control and healthy homes. 

Language is included under Department of Housing and Urban 

Development, ‘Tenant-based rental assistance’ which specifies 

funds for certain programs, activities and purposes and limits the 

use and availability of certain funds; specifies the methodology for 

allocation of renewal funding; directs the Secretary to provide renewal funding based on validated voucher system leasing and cost 

data for the prior year; prohibits funds to exceed a public housing 

agency’s authorized level of units under contract, except for those 

participating in the Moving to Work demonstration; directs the 

Secretary, to the extent necessary, to prorate each public housing 

agency’s (PHA) allocation; directs the Secretary to notify PHAs of 

their annual budget the later of 60 days after enactment of the Act 

or March 1, 2017; allows the Secretary to extend the notification 

period with the prior approval of the House and Senate appropriations committees; specifies the amounts available to the Secretary 

to allocate to PHAs that need additional funds and for fees; specifies the amount for additional rental subsidy due to unforeseen 

emergencies and portability; provides funding for public housing 

agencies with vouchers that were not in use during the previous 12 

month period in order to be available to meet a commitment pursuant to section 8(o)(13); provides funding for incremental vouchers 

for homeless veterans; provides funding for public housing agencies 

that despite taking reasonable measures, would otherwise be required to terminate assistance for families as a result of insufficient funding; and provides for adjustments in allocations for PHAs 

that participate in the Small Area Fair Market Rent demonstration. 

Language is included under Department of Housing and Urban 

Development, ‘Tenant-based rental assistance’ which provides 

funds for tenant protection vouchers; sets certain conditions for the 

Secretary to provide such vouchers; provides funds for residents of 

multifamily properties that would not otherwise have been eligible 

for tenant-protection vouchers; sets eligibility requirements for 

multi-family properties to participate in the program; sets conditions for the reissuance of vouchers, and allows the Secretary to 

use unobligated and recaptured funds from prior years. 

Language is included under Department of Housing and Urban 

Development, ‘Tenant-based rental assistance which provides funds 

for administrative and other expenses of public housing agencies to 

administer the section 8 tenant-based rental assistance program; 

sets an amount to be available to PHAs that need additional funds 

to administer their section 8 programs, including fees to administer 

tenant protection assistance, disaster related vouchers, Veterans 

Affairs Supportive Housing vouchers and other special purpose 

vouchers; provides for the distribution of funds; provides for a uniform percentage decrease of amounts to be allocated if funds are 

not sufficient; establishes that ‘Moving to Work’ (MTW) agencies be 

funded pursuant to their MTW agreements; provides funds for section 811 mainstream vouchers; and specifies that the Secretary 

shall track special purpose vouchers. 

Language is included under Department of Housing and Urban 

Development, ‘Housing certificate fund’ which rescinds prior year 


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funds and allows the Secretary to use recaptures to fund projectbased contracts and contract administrators. 

Language is included under Department of Housing and Urban 

Development, ‘Public housing capital fund’ which specifies the total 

amount available for certain activities; limits the availability of 

funds; limits the delegation of certain waiver authorities; specifies 

an amount for ongoing Public Housing Financial and Physical Assessment activities of the Real Estate Assessment Center; specifies 

an amount for emergency capital needs; specifies an amount for 

supportive services; specifies the amount for a Jobs-plus Pilot initiative and specifies that the initiative shall provide competitive 

grants; specifies that the Secretary may waive or specify alternative requirements; and specifies that the Secretary shall public 

notice of any waiver or alternative requirement; establishes a limitation on amounts that can be transferred; makes funds available 

for bonuses for high performing PHAs; and establishes requirements for notification of public housing agencies’ formula allocations. 

Language is included under Department of Housing and Urban 

Development, ‘Choice Neighborhoods Initiative’ which allows the 

Secretary to make competitive grants for neighborhood rehabilitation; changes the availability of funds; allows funds to be used for 

services, development, and housing; declares funds not for ‘‘public 

housing’’; requires a period of affordability; requires local planning 

and cost share; allows local governments, tribal entities, public 

housing authorities and non-profits to be grantees; allows for-profits to partner and apply with a public entity; requires grantees to 

partner with local organizations; establishes conditions for environmental review; requires grantees to create partnerships with other 

local organizations; requires the Secretary to consult with other 

federal agencies; and allows prior year program funds and HOPE 

VI funds to be used for this program. 

Language is included under Department of Housing and Urban 

Development, ‘Family self-sufficiency’ which allows the Secretary to 

waive or specify certain requirements, establishes entities eligible 

to compete for funding, allows the establishment of escrow funds, 

and allows the use of residual receipt accounts to hire coordinators. 

Language is included under Department of Housing and Urban 

Development, ‘Native American housing block grants’ which limits 

the availability of funds; specifies the formula for allocation; specifies amounts for training and technical assistance; specifies an 

amount to support the inspection of Indian housing units; specifies 

an amount to guarantee notes and obligations as defined in section 

502 of the Congressional Budget Act of 1974; specifies that grantees are to be notified of their allocation within 60 days of enactment; and makes adjustments to certain recipient allocations under 

certain conditions without a regulation. 

Language is included under Department of Housing and Urban 

Development, ‘Indian housing loan guarantee fund program account’ which specifies the amount and availability of funds to subsidize total loan principal, specifies how to define the costs of modifying loans, and provides a dedicated amount for administrative expenses. 


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Language is included under Department of Housing and Urban 

Development, ‘Housing opportunities for persons with AIDS’ which 

limits availability of funds and sets forth certain requirements for 

the allocation of funds, renewal of contracts, and grantee notification. 

Language is included under Department of Housing and Urban 

Development, ‘Community development fund’ which limits the use 

and availability of certain funds; specifies the allocation of certain 

funds; prohibits grant recipients from selling, trading or transfer 

funds; prohibits the provision of funds to for-profit entities unless 

certain conditions are met; specifies the amount made available for 

grants to federally-recognized Indian tribes; prohibits funding for 

grants under the Economic Development Initiative, Neighborhood 

Initiatives, Rural Innovation Fund, and Section 107 of the Housing 

and Community Development Act of 1974; and requires grantee notification of formula allocations within 60 days of enactment. 

Language is included under Department of Housing and Urban 

Development, ‘Community development loan guarantees program 

account’ which limits the principal amount of loan guarantees, directs the Secretary to collect fees from borrowers adequate to result 

in credit subsidy cost of zero, and rescinds all unobligated balances 

of budget authority previously appropriated or recaptured under 

the account. 

Language is included under Department of Housing and Urban 

Development, ‘Home investment partnerships program’ which limits the availability of funds; specifies the allocation of certain funds 

for certain purposes; specifies multiple oversight requirements from 

prior acts that are not effective for projects committed on or after 

August 23, 2013 and shall instead be governed by the Final Rule 

entitled ‘Home Investment Partnerships Program; Improving Performance and Accountability; Updating Property Standards’; transfers amounts allocated to the housing trust fund program to the 

home investment partnership program; and prohibits funds from 

being credited to the housing trust fund. 

Language is included under Department of Housing and Urban 

Development, ‘Self-help and assisted homeownership opportunity 

program’ which specified funding amounts for certain programs, 

limits the period of availability, and specifies certain amounts for 

rural activities and organizations. 

Language is included under Department of Housing and Urban 

Development, ‘Homeless assistance grants’ which limits the availability of funds; specifies the allocation of certain funds for certain 

purposes; specifies matching requirements; requires the Secretary 

to establish minimum performance thresholds for projects, prohibits the Secretary from funding continuum of care contract renewals unless certain requirements are met; requires the Secretary 

the prioritize funding to grant applicants that demonstrate a capacity to reallocate funding to higher performing projects; requires 

grantees to integrate homeless programs with other social service 

providers; allows certain funds to be administered by private nonprofit organizations; allows unobligated balances and recaptures 

from certain project-based rental assistance grants and shelter plus 

care renewals to be used; and requires notification of formula allocations within 60 days of enactment. 


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Language is included under Department of Housing and Urban 

Development, ‘Project-based rental assistance’ which limits the 

availability of funds and specifies the allocation of certain funds for 

certain purposes; specifies a certain amount for contract administrators to administer certain programs; allows certain recaptured 

funds to be used for contracts or contract administrators; and allows the Secretary to recapture residual receipts from certain properties. 

Language is included under Department of Housing and Urban 

Development, ‘Housing for the elderly’ which limits the availability 

of funds; specifies the allocation of certain funds; designates certain 

funds to be used only for certain grants; allows funds to be used 

for specified inspections or inspection-related activities; allows 

funds to be used to renew certain contracts; allows the Secretary 

to waive certain provisions governing contract terms; allows excess 

funds held in residual receipts accounts, after contract termination, 

to be deposited in this account, and limits the availability 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 limits the availability of funds and allows the Secretary to use specified unobligated balances, including recaptures, carryover and other specified 

remaining funds for specified purposes. 

Language is included under Department of Housing and Urban 

Development, ‘Payment to manufactured housing fees trust fund’ 

that limits the availability of funds from specified sources; permits 

fees to be assessed, modified, and collected; permits temporary borrowing authority from the general fund of the Treasury; provides 

that general fund amounts from collections offset the appropriation 

so that the resulting appropriation is a specified amount; requires 

fees collected to be deposited into the Manufactured Housing Fees 

Trust Fund; allows fees to be used for necessary expenses; and allows the Secretary to use approved service providers. 

Language is included under the Department of Housing and 

Urban Development, ‘Mutual mortgage insurance program account’ 

which limits new commitments to issue guarantees, limits the obligations to make direct loans, specifies funds for specific purposes, 

allows for additional contract expenses as guaranteed loan commitments exceed certain levels, and limits the availability of funds. 


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Language is included under Department of Housing and Urban 

Development, ‘General and special risk program account’ which 

sets a loan principal limitation on new commitments to guarantee 

loans, limits the obligations to make direct loans, specifies funds 

for specific purposes, and limits the availability of funds. 

Language is included under Department of Housing and Urban 

Development, ‘Government national mortgage association’ which 

limits new commitments to issue guarantees, provides funds for 

salaries and expenses, allows specified receipts to be credited as 

offsetting collections, allows for additional contract expenses as 

guaranteed loan commitments exceed certain levels, and limits the 

availability of funds. 

Language is included under Department of Housing and Urban 

Development, ‘Policy development and research’ which limits the 

availability of funds, specifies authorized uses, and directs the submission of a spend plan. 

Language is included under Department of Housing and Urban 

Development, ‘Fair housing and equal opportunity’ which limits the 

availability of funds, authorizes the Secretary to assess and collect 

fees, places restrictions on the use of funds for lobbying activities, 

and provides funds for programs that support the assistance of persons with limited English proficiency. 

Language is included under Department of Housing and Urban 

Development, ‘Office of lead hazard control and healthy homes’ 

which limits the availability of funds, specifies the amount of funds 

for specific purposes, specifies the treatment of certain grants, and 

specifies a matching requirement for grants. 

Language is included under Department of Housing and Urban 

Development, ‘Information technology fund’ which limits the availability and purpose of funds, including funds transferred. 

Language is included under Department of Housing and Urban 

Development, ‘Office of Inspector General’ which specifies the use 

of funds and directs that the IG shall have independent authority 

over all personnel issues within the office. 

Section 201 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 corrects anomalies in the HOPWA formula affecting 

New York, New Jersey, and North Carolina. 

Section 204 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 205 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 206 prohibits the use of funds in excess of the budget estimates, unless provided otherwise. 

Section 207 relates to the expenditure of funds for corporations 

and agencies subject to the Government Corporation Control Act. 

Section 208 requires the Secretary to provide quarterly reports 

on uncommitted, unobligated, recaptured, and excess funds in each 

departmental program and activity. 


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Section 209 requires the Administration’s budget and HUD’s 

budget justifications for fiscal year 2018 be submitted in the identical account and sub-account structure provided in this Act. 

Section 210 exempts PHA Boards in Alaska, Iowa, Mississippi 

and the County of Los Angeles from certain public housing resident 

representation requirements. Affected entities under this section 

are reminded of their requirement to maintain a tenant advisory 

board, as prescribed under this section. HUD is required to ensure 

compliance with this requirement and should take enforcement actions if this requirement is not fulfilled. 

Section 211 exempts GNMA from certain requirements of the 

Federal Credit Reform Act of 1990. 

Section 212 authorizes HUD to transfer debt and use agreements 

from an obsolete project to a viable project, provided that no additional costs are incurred and other conditions are met. 

Section 213 sets forth requirements for Section 8 voucher assistance eligibility and includes consideration for persons with disabilities. 

Section 214 distributes Native American Housing Block Grants 

to the same Native Alaskan recipients as in fiscal year 2005. 

Section 215 authorizes the Secretary to insure mortgages under 

Section 255 of the National Housing Act. 

Section 216 instructs HUD on managing and disposing of any 

multifamily property that is owned or held by HUD. 

Section 217 allows the Section 108 loan guarantee program to 

guarantee notes or other obligations issued by any State on behalf 

of non-entitlement communities in the State. 

Section 218 allows PHAs that own and operate 400 or fewer 

units of public housing to be exempt from asset management requirements. 

Section 219 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 220 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 221 requires the Secretary to publish all notice of funding availability that is competitively awarded on the intemet for 

fiscal year 2017. 

Section 222 limits attorney fees and requires the Department to 

submit a spend plan to the House and Senate Committees on Appropriations. 

Section 223 allows the Secretary to transfer up to 10 percent of 

funds or $4,000,000, 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 224 allows the Disaster Housing Assistance Programs to 

be considered a program of HUD for the purpose of income 

verifications and match requirements. 

Section 225 requires HUD to take certain actions against owners 

receiving rental subsidies that do not maintain safe properties. 

Section 226 places a salary and bonus limit on public housing 

agency officials and employees. 


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Section 227 prohibits the use of funds for the doctoral dissertation research grant program at HUD. 

Section 228 requires the Secretary to notify the House and Senate Committees on Appropriations at least 3 full business days before grant awards are announced. 

Section 229 prohibits funds to be used to require or enforce the 

Physical Needs Assessment (PNA). 

Section 230 prohibits funds for HUD financing of mortgages for 

properties that have been subject to eminent domain. 

Section 231 prohibits the use of funds to terminate the status of 

a unit of general local government as a metropolitan city with respect to grants. 

Section 232 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 233 prohibits funds to be used for financial awards for 

employees subject to administrative discipline. 

Section 234 permits HUD to consolidate funds used to manage 

disaster recovery grants. Section 235 permits HUD to provide one 

year transition grants under the continuum of care program. 

Section 236 prohibits funds to enforce Executive Order 13690 regarding flood risk management. 

Section 237 rescinds unobligated balances from salaries and expenses accounts. 

TITLE III—RELATED AGENCIES

Language is included for the Access Board, ‘Salaries and expenses’ that limits funds for necessary expenses and allows for the 

credit to the appropriation of funds received for publications and 

training expenses. 

Language is included for the Federal Maritime Commission, ‘Salaries and expenses’ that provides funds for services authorized by 

5 U.S.C. 3109, the hire of passenger motor vehicles, uniforms and 

allowances; and limits funds for official reception and representation expenses. 

Language is included for the National Railroad Passenger Corporation, Office of Inspector General, ‘Salaries and expenses’ that 

provides funds for an independent, objective unit responsible for 

detecting and preventing fraud, waste, abuse, and violations of law; 

promotes economy, efficiency and effectiveness at Amtrak; allows 

the IG to enter into contracts; select, appoint or employ officers and 

employees to carry out its functions; and requires the IG to submit 

its budget request concurrently with the President’s budget and in 

a similar format. 

Language is included under National Transportation Safety 

Board, ‘Salaries and expenses’ that provides funds for hire of passenger motor vehicles and aircraft, services authorized by 5 U.S.C. 

3109, uniforms or allowances 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. 


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Language is included for the United States Interagency Council 

on Homelessness, ‘Operating expenses’ that provides funds for salaries, travel, hire of passenger motor vehicles, rental of conference 

rooms, and the employment of experts and consultants. 

Language is included under Surface Transportation Board, ‘Salaries and expenses’ allowing the collection of $1,250,000 in fees established by the Chairman of the Surface Transportation Board, 

and providing that the sum appropriated from the general fund 

shall be reduced on a dollar-for-dollar basis as such fees are received. 

TITLE IV—GENERAL PROVISIONS, THIS ACT

Section 401 prohibits pay and other expenses for non-Federal 

parties intervening in regulatory or adjudicatory proceedings. 

Section 402 prohibits obligations beyond the current fiscal year 

and prohibits transfers of funds unless expressly so provided herein. 

Section 403 limits consulting service expenditures in procurement contracts to those contained in the public record. 

Section 404 prohibits employee training not directly related to 

the performance of official duty. 

Section 405 specifies requirements for reprogramming funds. 

Section 406 provides that fifty percent of unobligated balances 

for salaries and expenses may remain available for certain purposes, 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 Act. 

Section 409 prohibits funds in this Act from being used to permanently replace an employee intent on returning to his or her past 

occupation after completion of military service. 

Section 410 prohibits funds in this Act from being used, unless 

the expenditure is in compliance with the Buy American Act. 

Section 411 prohibits funds from being appropriated or made 

available to any person or entity that has been convicted of violating the Buy American Act. 

Section 412 prohibits funds 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 

funded in this Act may send to international conferences. 

Section 415 prohibits funds from being used to lease or purchase 

new light duty vehicles for any executive fleet or an agency’s fleet 

inventory, except in accordance with Presidential Memorandum— 

Federal Fleet Performance, dated May 24, 2011. 


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Section 416 caps the amount of fees the Surface Transportation 

Board can charge or collect for rate or practice complaints filed 

with the Board at the amount authorized for district court civil suit 

filing fees. 

Section 417 rescinds unobligated salaries and expenses balances 

from various accounts. 

Section 418 establishes a spending reduction account. 

APPROPRIATIONS NOT AUTHORIZED BY LAW

Pursuant to clause 3(f)(1)(B) of rule XIII of the Rules of the 

House of Representatives, the following table lists the appropriations in the accompanying bill which are not authorized by law for 

the period concerned (dollars in thousands): 

APPROPRIATIONS NOT AUTHORIZED BY LAW AND EXPIRING AUTHORIZATIONS 

[Dollars in Thousands] 

Program Last year of 

authorization 

Authorization 

level 

Appropriations in last 

year of authorization 

Appropriations 

in this bill 

Title I—Department of Transportation 1

Federal Aviation Administration 2

Operations .................................................................... 2016 $9,740,700 $9,909,724 $9,994,352 

Facilities and Equipment ............................................. 2016 2,600,000 2,855,000 2,838,000 

Research, Engineering, and Development ................... 2016 156,750 166,000 167,500 

Grant-in-Aid for Airports .............................................. 2016 3,350,000 3,350,000 3,350,000 

Federal Railroad Administration 

Safety and Operations ................................................. 2013 293,000 178,596 207,000 

Maritime Administration 

Operations and Training 3 ........................................... 2016 184,287 171,155 175,079 

Ship Disposal 3 ............................................................ 2016 8,000 5,000 10,000 

Maritime Security Program3 ........................................ 2016 210,000 210,000 300,000 

Title XI 3 ....................................................................... 2016 31,135 8,135 3,000 

Pipeline and Hazardous Materials Safety Administration 

Pipeline Safety ............................................................. 2015 109,252 145,500 150,000 

Office of the Secretary 

National Infrastructure Investments ........................... 2016 500,000 500,000 450,000 

Payments to Air Carriers ............................................. 2016 155,000 175,000 150,000 

1 Excludes accounts that have never had authorized appropriation amounts, such as Transportation Investments Generating Economic Recovery (TIGER) grants. 2 Authorization levels are annualized. The Airport and Airway Extension Act of 2016 (P.L. 114–141) extends 

FAA authorities through July 15, 2016. 3 Reflects authorized amounts associated with maintaining national security aspects of the merchant marine per P.L. 114–92. 

Title II—Department of Housing and Urban Development 

Rental Assistance: 

Section 8 Voucher Renewals and Administrative Expenses ..................................................................... 1994 8,446,173 5,458,106 19,961,675 

Public Housing Capital Fund ....................................... 2003 3,000,000 2,712,555 1,900,000 

Public Housing Operating Fund ................................... 2003 2,900,000 3,576,600 4,500,000 

Native American Housing Block Grants ............................... 2013 Such sums as 

necessary 

616,001 655,000 

Indian Housing Loan Guarantee Fund .................................. 2012 Such sums as 

necessary 

6,000 5,500 

Housing Opportunity for Persons with Aids ......................... 1994 156,300 156,000 335,000 

Community Development Fund ............................................. 1994 4,168,000 4,877,389 3,060,000 

Community Development Loan Guarantee Limitation .......... 1994 Not Applicable Not Applicable [300,000] 

Home Investment Partnerships Program .............................. 1994 2,173,612 1,275,000 950,000 

Self-Help Homeownership Opportunity Program .................. 2001 Such sums as 

necessary 

48,000 50,000 


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Homeless Assistance ............................................................ 2011 Such sums as 

necessary 

1,901,190 2,487,000 

Housing for the Elderly ......................................................... 2003 Such sums as 

necessary 

783,286 505,000 

Housing for Persons with Disablities ................................... 2015 300,000 135,000 154,000 

FHA General and Special Risk Program Account: 

Limitations on Guaranteed Loans ............................... 1995 – – – [20,885,072] [30,000,000] 

Limitation on Direct Loans .......................................... 1995 – – – [220,000] [5,000] 

GNMA Mortgage Backed Securities Loan Guarantee Program Account: 

Limitations on Guaranteed Loans ............................... 1996 [110,000,000] [110,000,000] [500,000,000] 

Administrative Expenses .............................................. 1996 – – – 9,101 23,000 

Policy Development and Research ........................................ 1994 36,470 35,000 80,000 

Fair Housing Activities, Fair Housing Program .................... 1994 26,000 20,481 65,300 

Lead Hazard Reduction Program .......................................... 1994 250,000 150,000 130,000 

Salaries and Expenses .......................................................... 1994 1,029,496 916,963 1,345,900 

Title III—Related Agencies 

Access Board ........................................................................ 2003 5,401 5,401 8,190 

National Transportation Safety Board .................................. 2008 96,625 91,000 106,000 

PROGRAM DUPLICATION

Pursuant to section 3(g)(2) of H. Res. 5 (114th Congress), no provision of this bill establishes or reauthorizes a program of the Federal Government known to be duplicative of another Federal program, a program that was included in any report from the Government Accountability Office to Congress pursuant to section 21 of 

Public Law 111–139, or a program related to a program identified 

in the most recent Catalog of Federal Domestic Assistance. 

DIRECTED RULE MAKING

The bill does not direct any rule making. 

COMPARISON WITH THE BUDGET RESOLUTION

Pursuant to clause 3(c)(2) of rule XIII of the Rules of the House 

of Representatives and Section 308(a)(1)(A) of the Congressional 

Budget Act of 1974, the following table compares the levels of new 

budget authority provided in the bill with the appropriate allocations under section 302(b) of the Budget Act: 

BUDGETARY IMPACT OF FY 2017 TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND 

RELATED AGENCIES APPROPRIATIONS BILL PREPARED IN CONSULTATION WITH THE CONGRESSIONAL BUDGET OFFICE PURSUANT TO SEC. 308(a), PUBLIC LAW 93–144, AS AMENDED 

[In millions of dollars] 

302(b) Allocation This Bill 

Budget 

Authority Outlays Budget Authority Outlays 

Comparison of amounts in the bill with Committee allocations 

to its subcommittees: Subcommittee on Iransportation, Housing and Urban Development, and Related Agencies 

Mandatory ...................................................................................... .................... .................... .................... (1) 

Discretionary .................................................................................. 58,190 119,992 58,190 119,991 

1 Includes outlays from prior-year budget authority. 


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FIVE–YEAR OUTLAY PROJECTIONS

Pursuant to section 308(a)(1)(B) of the Congressional Budget Act 

of 1974, the following table contains five-year projections prepared 

by the Congressional Budget Office of outlays associated with the 

budget authority provided in the accompanying bill: 

302(b) Allocation This Bill 

Budget 

Authority Outlays Budget Authority Outlays 

Projection of outlays associated with the recommendation: 

2017 .............................................................................................................. n.a. n.a. n.a. 42,1261

2018 .............................................................................................................. n.a. n.a. n.a. 36,589 

2019 .............................................................................................................. n.a. n.a. n.a. 14,942 

2020 .............................................................................................................. n.a. n.a. n.a. 6,457 

2021 and future years .................................................................................. n.a. n.a. n.a. 8,092 

1 Excludes outlays from prior-year budget authority. 

ASSISTANCE TO STATE AND LOCAL GOVERNMENTS

Pursuant to section 308(a)(1)(C) of the Congressional Budget Act 

of 1974, the amounts of financial assistance to State and local governments is as follows: 

302 (b) Allocation This Bill 

Budget 

Authority Outlays Budget Authority Outlays 

Financial assistance to State and local governments for 2017 .......................... n.a. n.a. 33,918 31,8561

1 Excludes outlays from prior-year budget authority. 


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MINORITY VIEWS 

The Transportation, Housing and Urban Development and Related Agencies (T–HUD) bill provides $58.19 billion for transportation, housing and community development investments. Chairman Diaz-Balart has led an open and collaborative process this 

spring, culminating with the fiscal year 2017 T–HUD bill. The 

Chairman has continued to accommodate Subcommittee Members 

on both sides of the aisle, and it’s been a pleasure working with 

him again this year. 

This year’s mark includes funding for critical transportation, 

housing, and community development programs at the Department 

of Transportation (DOT), Department of Housing and Urban Development (HUD), and related agencies. It represents an increase over 

current funding levels and reflects a much more favorable allocation than when we started this process last year. In addition, Federal Housing Administration and Ginnie Mae receipts are estimated to provide an additional $579 million in revenue for Fiscal 

Year 2017. When added to the $889 million increase in the allocation, this bill provides $1.4 billion in additional budgetary resources compared to FY 2016. These investments are badly needed. 

Across the country, our infrastructure is crumbling and chronically 

underfunded. This funding will put people to work improving our 

roads and bridges, investing in neighborhoods, and removing toxins 

from the homes of those most in need. 

The passage of the Fixing America’s Surface Transportation Act 

(FAST Act) gives some certainty to the surface transportation programs funded in this bill, and we are hopeful that a bipartisan, 

multi-year reauthorization of the Federal Aviation Administration 

(FAA) that preserves Federal oversight of the air traffic control organization can do the same for aviation. 

The bill includes $450 million for the National Infrastructure Investments (TIGER) program and $100 million for the Choice 

Neighborhoods Initiative. Both programs remain critical in our efforts to improve and modernize our nation’s transportation and 

housing infrastructure, and we will continue to work with the 

Chairman as well as our Senate colleagues to ensure maximum 

funding for these programs as the process moves forward. 

We would also like to highlight substantial increases in funding 

for several other important programs under our Subcommittee’s 

purview. First, the Federal Transit Administration’s Capital Investment Grants program would receive an increase of $323 million, allowing us to fund all existing grant agreements. Also, HUD’s 

Homeless Assistance Grants program would receive an increase of 

$237 million, which would provide a significant boost to local antihomelessness efforts across the country by putting proven solutions 

to work. 


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With regard to housing, the $20 million increase for Lead Hazard 

Control would reduce lead poisoning rates and improve educational 

and behavioral outcomes for children. Now is not the time to slow 

our momentum in eliminating household toxins. 

The bill provides notable funding increases for housing counseling assistance as well as consumer safety and recall activities at 

National Highway Traffic Safety Administration. It funds the Driver Alcohol Detection System for Safety program, a collaborative research partnership with auto manufacturers to develop alcohol-detection technologies that will one day be used to curb drunk driving. We must continue our commitment to stopping drunk driving 

once and for all, making the roads safer for all Americans. Further, 

the bill provides full funding for the Federal Aviation Administration and ongoing NextGen implementation, would fund Amtrak 

adequately, and would guarantee that all existing tenants in HUDsupported housing can continue to receive assistance. 

The bill advances the Safe Transportation of Energy Products. It 

provides funding for the Federal Railroad Administration and the 

Pipeline and Hazardous Materials Safety Administration, and provides agencies with the tools to anticipate and prevent potential 

dangers before they arise. 

There are still areas of pressing need left unaddressed. Having 

a modest budget agreement that avoids the worst impacts of sequestration is better than the alternative, but it is not enough. We 

still have a massive public housing capital backlog, decaying highways and bridges, and congested roads and airports. We have not 

constructed new rental units for the elderly or the disabled under 

sections 202 and 811 for several years. And we are still far short 

of the comprehensive neighborhood renovation HOPE VI used to 

make possible. We cannot make the bold investments that are necessary to address these problems without a comprehensive, bipartisan budget deal to address the main drivers of our deficits— 

namely, tax expenditures and mandatory programs. 

The amendment offered by Representative Serrano underscores 

this situation. Despite $1.9 billion in resources for the Public Housing Capital Fund, an increase over the President’s request, the 

need is far greater. Estimates show that this account would need 

around $3 billion to keep up with the capital needs that accrue in 

just one year. As a result, public housing authorities struggle to 

keep pace with maintenance needs and to remove toxins like mold 

and lead paint from public housing units. 

While the T–HUD bill has a decent allocation and many bright 

spots, poisonous policy riders that roll back worker protections and 

threaten transportation safety have no place in an appropriations 

bill and serve as a roadblock to final passage. Each of these riders 

would change existing policy, without being subject to thorough debate. Many of these issues were examined by the relevant authorizing committees during consideration of the FAST Act and were 

either resolved or deliberately excluded from the final legislation. 

The bill includes three Federal Motor Carrier Safety Administration (FMCSA) policy riders. First, it continues to suspend enforcement of the 34-hour restart provision of DDT’s hours of service 

rule. Unfortunately, this rider represents a continuation of ongoing 

efforts to ensure that DOT is never able to enforce the restart proVerDate Sep 11 2014 06:41 Jun 08, 2016 Jkt 020238 PO 00000 Frm 00175 Fmt 6604 Sfmt 6604 E:\HR\OC\HR606.XXX HR606

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visions in the hours of service rule that are designed to reduce 

driver fatigue and increase safety on our highways. Second, the bill 

includes a provision to preempt state laws that provide meal and 

rest breaks for truckers who are subject to federal hours of service 

regulations, including intrastate truck drivers, and would make 

these changes retroactive to 1994. The language is unacceptably 

broad and would apply to intrastate truck drivers as well as those 

who routinely cross state lines. The bill also would prohibit funds 

from being used to amend, revise, or otherwise modify FMCSA’s 

new Safety Fitness Determination regulations until the DOT Inspector General certifies that the Department has addressed certain safety evaluation concerns as required by the FAST Act. The 

new rule would allow the Department to greatly expand the number of motor carriers that are assessed each month, making our 

roadways safer. We should not unnecessarily delay the Safety Fitness Determination rule. 

Additionally, the bill contains a provision barring the use of any 

funds for high-speed rail in California. While California has encountered challenges constructing their high-speed rail line, riders 

like this do nothing to help and only make matters worse. The bill 

also alters existing law to place a cap on the penalty wages that 

must be paid to seafarers, including cruise line employees, when 

ship owners willfully or arbitrarily withhold their pay. Capping 

these penalties would not only harm workers, but also reward unscrupulous ship owners at the expense of those who play by the 

rules. This issue is being considered in the context of reauthorization of the Maritime Administration. We should let the authorizers 

resolve this. Finally, the bill contains a provision prohibiting funds 

from being used if Amtrak food and beverage service revenues do 

not at least equal the cost of providing these services. This language conflicts with a provision in the recently enacted FAST Act 

that allows Amtrak five years to come into compliance with the 

food and beverage revenue requirement. 

As the saying goes, ‘‘the dose makes the poison.’’ We are concerned that amendments that have been adopted by the House during consideration of the T–HUD bill in previous years will attract 

a veto threat and will imperil Democratic support. The adoption of 

riders that would weaken fair housing law, labor rights, worker 

protections, or anti-discrimination laws, or would draw this bill 

into ideological debates, would undermine bipartisan work and result in a product that we could no longer support. We reject the notion that we must swallow a few poison pills in order to fund programs at an adequate level. 

We are disappointed that the Committee rejected an amendment 

to strike these provisions in full committee. The Administration 

has continued to express its general opposition to the inclusion of 

ideological riders in appropriations legislation. Numerous safety, 

labor, public health, and law enforcement groups, including crash 

victims and their families, have also expressed their concerns with 

these riders, which present an additional hurdle to getting the bill 

enacted. 

We are also concerned that the Committee rejected an amendment to extend the authorization of the United States Interagency 

Council on Homelessness (USICH). Because it is a third party, 


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USICH can look across agencies of government and find ways to 

improve service delivery and can recommend ways for requirements to be streamlined. The USICH ensures that the programs of 

19 Federal agencies work together and, most importantly, work for 

the person experiencing homelessness; its charter should be extended. 

Finally, with each passing day, the Zika public health crisis 

grows more acute. We are disappointed the Committee again failed 

to pass an amendment that would provide the President’s full $1.9 

billion request for emergency supplemental funding to mount a robust and aggressive response to the Zika virus, without stealing 

the funding from other urgent public health priorities. This funding 

is desperately needed to invest in vaccine and diagnostic research 

and development; enhance mosquito vector control; build public 

health infrastructure; and begin aggressive public outreach and information campaigns in U.S. states and territories, the Caribbean, 

and Central and South America. 

Given the fiscal constraints, it is a welcome development that 

this bill not only maintains core programs at both DOT and HUD, 

but also provides targeted funding increases for a number of important programs. The Chairman has made reasonable efforts to accommodate Democratic priorities, and we look forward to working 

closely with him as the process moves forward. 

NITA M. LOWEY. 

DAVID PRICE. 

Æ 


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USICH can look across agencies of government and find ways to 

improve service delivery and can recommend ways for requirements to be streamlined. The USICH ensures that the programs of 

19 Federal agencies work together and, most importantly, work for 

the person experiencing homelessness; its charter should be extended. 

Finally, with each passing day, the Zika public health crisis 

grows more acute. We are disappointed the Committee again failed 

to pass an amendment that would provide the President’s full $1.9 

billion request for emergency supplemental funding to mount a robust and aggressive response to the Zika virus, without stealing 

the funding from other urgent public health priorities. This funding 

is desperately needed to invest in vaccine and diagnostic research 

and development; enhance mosquito vector 20 238 0 59 control; 

build public health infrastructure; and begin aggressive public outreach and information campaigns in U.S. states and territories, the 

Caribbean, and Central and South America. 

Given the fiscal constraints, it is a welcome development that 

this bill not only maintains core programs at both DOT and HUD, 

but also provides targeted funding increases for a number of important programs. The Chairman has made reasonable efforts to accommodate Democratic priorities, and we look forward to working 

closely with him as the process moves forward. 

NITA M. LOWEY. 

DAVID PRICE. 

Æ 


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