An original bill making appropriations for the Departments of Transportation, and Housing and Urban Development, and related agencies for the fiscal year ending September 30, 2017, and for other purposes.
(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)
Highlights:
This bill provides FY2017 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.
The bill includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund.
The bill decreases net discretionary budget authority for Transportation, Housing and Urban Development, and Related Agencies below FY2016 levels. (When savings due to certain rescissions and receipts are taken into account, the new discretionary budget authority available to agencies funded in the bill is above the FY2016 level.)
Compared to FY2016 levels, the bill decreases discretionary funding for DOT (including the effects of a rescission of unused contract authority) and increases discretionary funding for HUD.
The bill also includes a provision that affects DOT regulations regarding commercial truck drivers' rest periods.
Full Summary:
Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017
Department of Transportation Appropriations Act, 2017
TITLE I--DEPARTMENT OF TRANSPORTATION
Provides FY2017 appropriations for the Department of Transportation (DOT).
Provides appropriations for the Office of the Secretary, including:
(Sec. 101) Prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this bill except for activities underway on the date of enactment, unless the reprogramming process has been completed.
(Sec. 102) Permits DOT to use the Working Capital Fund to provide transit benefits to federal employees.
(Sec. 103) Requires DOT to: (1) post on its website the schedule and agenda for all meetings of the Council on Credit and Finance, and (2) require the council to record the decisions and actions of each meeting.
Provides appropriations to the Federal Aviation Administration (FAA) for:
Prohibits funds provided by this bill from being used for:
Permits funds received from specified public, private, and foreign sources for expenses incurred to be credited to the appropriation.
(Sec. 110) Limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.
(Sec. 111) Prohibits the FAA from requiring airport sponsors to provide the agency without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting, subject to specified exceptions.
(Sec. 112) Permits the FAA to reimburse amounts made available from certain fees to carry out the Essential Air Service (EAS) program, which ensures that small communities have a minimum level of air service.
(Sec. 113) Permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.
(Sec. 114) Prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.
(Sec. 115) Prohibits the FAA from using funds provided by this bill to purchase a store gift card or gift certificate using a government-issued credit card.
(Sec. 116) Allows all airports experiencing the required level of boardings through charter and scheduled air service to be eligible for specified funds.
(Sec. 117) Prohibits funds provided by this bill from being used for retention bonuses for FAA employees without prior approval of the Assistant Secretary for Administration of DOT.
(Sec. 118) Requires the FAA, upon the request of an owner or operator, to block the display of the owner's or operator's aircraft registration number in the Aircraft Situational Display to Industry program.
(Sec. 119) Prohibits funds provided by this bill from being used to pay the salaries and expenses of more than nine political or presidential FAA appointees.
(Sec. 119A) Prohibits funds provided by this bill from being used to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products.
(Sec. 119B) Requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.
(Sec. 119C) Prohibits funds provided by this bill from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.
(Sec. 119D) Prohibits the FAA from withholding consideration and approval of any application for participation in the Contract Tower Program, pending as of January 1, 2016, including applications from Cost-share Program participants, if the tower meets the criteria included in the FAA report entitled "Establishment and Discontinuance Criteria for Airport Traffic Control Towers."
(Sec. 119E) Permits airports that met the 10,000 enplanement qualification for Airport Improvement Program (AIP) funds in calendar year 2012 to continue to receive AIP funds in FY2017.
(Sec. 119F) Modifies the federal share of project costs for a primary non-hub airport located in a public lands state within 15 miles from the border of another public lands state to use the greater of the two states' federal shares.
(Sec. 119G) Amends the FAA Modernization and Reform Act of 2012 to require the FAA to develop a joint plan with the National Aeronautics and Space Administration (NASA), the Department of Energy, and the Department of Agriculture to carry out the required research program on alternative jet fuel technologies for civil aircraft.
(Sec. 119H) Expands the pilot program to integrate unmanned aircraft systems into the national airspace system at test ranges to permit the projects to be carried out at unmanned aircraft system flight test centers.
(Sec. 119I) Permits the exchange of passenger facility charges between airports to meet the terms and conditions of a transfer agreement.
Provides funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways.
Rescinds specified balances of unused contract authority from the HTF.
(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund (HTF). Contract authority is the authority to obligate funds in advance of an appropriation Act.
Spending from the HTF is determined both by authorization bills and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)
(Sec. 120) Specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.
(Sec. 121) Credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the bureau for expenses.
(Sec. 122) Requires DOT to: (1) provide an informal public notice and comment opportunity prior to waiving the Buy America requirement for federal-aid highway projects, and (2) report to Congress annually on waivers.
(Sec. 123) Requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.
(Sec. 124) Permits states to repurpose certain highway project funding to be used within 50 miles of its original designation.
(Sec. 125) Requires DOT to notify Congress 60 days in advance before making grants for nationally significant freight and highway projects.
(Sec. 126) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to identify a specified route in North Little Rock, Arkansas as a high priority corridor on the national highway system and an Interstate route.
Provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for: (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.
(Sec. 130) Directs the FMCSA to require certain Mexican motor carriers to meet specified safety requirements when applying to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border.
(Sec. 131) Amends the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2016 to make a technical correction to a provision prohibiting enforcement of provisions of the Hours of Service rule regarding the restart of a driver's 60- or 70-hour limit after a 34-hour rest period, unless a study demonstrates that the provisions resulted in statistically significant net safety benefits.
Provides that, if the results of the study require the 2013 restart rule to be restored, drivers using the 34-hour restart may not drive after being on duty more than 73 hours in a 7-day period.
Provides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.
Provides funding from the HTF to NHTSA for Operations and Research and Highway Traffic Safety Grants.
(Sec. 140) Provides additional funding to NHTSA for travel and related expenses associated with state management reviews and core competency development training for highway safety staff.
(Sec. 141) Exempts from the current fiscal year's obligation limitation any obligation authority that was made available in previous public laws.
Provides appropriations to the Federal Railroad Administration (FRA) for:
(Sec. 150) Limits overtime for Amtrak employees. Permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons. Requires Amtrak to report to Congress on waivers granted and overtime payments incurred.
(Sec. 151) Modifies the limitations and requirements that apply to FRA Restoration and Enhancement Grants that are provided for operating expenses.
Provides appropriations to the Federal Transit Administration (FTA) for:
Provides funding from the HTF to the FTA for Transit Formula Grants.
(Sec. 160) Exempts previously made transit obligations from limitations on obligations.
(Sec. 161) Permits FTA Fixed Guideway Capital Investment funds for projects specified in this bill or the accompanying report that are not obligated by September 30, 2021, to be used for other projects eligible to use the funds for the same purpose.
(Sec. 162) Permits prior appropriations that remain available for expenditure to be transferred to the most recent appropriation heading.
(Sec. 163) Makes a technical correction to statutory provisions regarding the treatment of a Bi-State Metropolitan Planning Organization as an urbanized area in California and Nevada.
(Sec. 164) Rescinds unobligated balances of funds provided in FY2012 or earlier for the job access and reverse commute program. Provides the funds for grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service.
(Sec. 165) Permits small transit operators to use urbanized area formula grants for operating assistance based on locally determined planning processes and requirements, subject to limitations.
Provides appropriations to the Saint Lawrence Seaway Development Corporation for Operations and Maintenance.
Provides appropriations for the Maritime Administration (MARAD) for:
(Sec. 170) Permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Requires rental payments received pursuant to this provision to be credited to the Treasury as miscellaneous receipts.
Provides appropriations to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for:
Directs the PHMSA to: (1) initiate a rulemaking no later than June 30, 2016, to expand the applicability of comprehensive oil spill response plans, and (2) issue a final rule no later than December 18, 2016.
Provides appropriations to the Office of Inspector General.
(Sec. 180) Permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.
(Sec. 181) Permits DOT to use funds provided by this bill for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.
(Sec. 182) Prohibits: (1) funds provided by this bill from being used for more than 110 DOT presidential or political appointees, and (2) any of the appointees from being assigned on temporary detail outside of DOT.
(Sec. 183) Prohibits recipients of funds provided by this bill from releasing certain personal information and photographs from a driver's license or motor vehicle record without the consent of the affected individual. Prohibits DOT from withholding funds if a state is not in compliance with this provision.
(Sec. 184) Permits funds received by specified DOT agencies from states or other private or public sources for training expenses to be credited to specified agency accounts.
(Sec. 185) Prohibits DOT funds provided by this bill from being used for a grant or loan unless DOT notifies Congress at least three full business days before making or announcing the grant or loan.
(Sec. 186) Permits funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.
(Sec. 187) Requires DOT to use amounts recovered from improper payments to a third party contractor for expenses incurred in the recovery.
(Sec. 188) Requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.
(Sec. 189) Permits funds provided by this bill for modal administrations to be obligated to the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the applicable modal administration.
(Sec. 190) Permits DOT to set uniform standards for developing and supporting agency transit passes and transit benefits.
(Sec. 191) Prohibits the use of funds for 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.
Department of Housing and Urban Development Appropriations Act, 2017
TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Provides FY2017 appropriations for the Department of Housing and Urban Development (HUD).
Provides appropriations for Management and Administration, including for Executive Offices and Administrative Support Offices.
Provides appropriations for Program Office Salaries and Expenses, including:
Provides appropriations for Public and Indian Housing, including:
Provides appropriations for Community Planning and Development, including:
Provides appropriations for Housing Programs, including:
Provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes:
Provides appropriation and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).
Provides appropriations to HUD for:
(Sec. 201) Requires 50% of the funds that are recaptured from the refinancing of state projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury. Permits HUD to use up to 15% of the funds that are recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance projects at lower interest rates.
(Sec. 202) Prohibits funds provided by this bill from being used to investigate or prosecute under the Fair Housing Act any lawful activities, including the filing or maintaining of a nonfrivolous legal action to achieve or prevent action by a government entity or a court.
(Sec. 203) Requires HUD to make certain adjustments to the formula for distributing Housing Opportunities for Persons With AIDS (HOPWA) funds for certain jurisdictions in New York, New Jersey, Delaware, and North Carolina.
(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.
(Sec. 205) Permits specified funds to be used, without regard to limitations on administrative expenses, for: (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.
(Sec. 206) Prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless otherwise provided by this bill or through reprogramming.
(Sec. 207) Permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2017 budget.
(Sec. 208) Requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.
(Sec. 209) Requires the President's budget request and HUD's congressional budget justifications to use the same account structure included in this bill.
(Sec. 210) Provides that a public housing agency (PHA) or other entity that administers federal housing assistance for the Housing Authority of the county of Los Angeles, California; and the states of Alaska, Iowa, and Mississippi is not required to include public housing residents or recipients of section 8 rental assistance (under the United States Housing Act of 1937) on the governing board.
Requires each PHA or entity that does not include these individuals on its board to establish an advisory board of at least six residents of public housing or recipients of section 8 assistance to provide advice on issues related to public housing and section 8.
(Sec. 211) Exempts Ginnie Mae from certain requirements of the Federal Credit Reform Act of 1990.
(Sec. 212) Permits HUD to authorize the transfer of project-based assistance, debt, and use restrictions associated with a multifamily housing project from obsolete or economically nonviable housing to housing that better meets the needs of the assisted tenants, subject to specified requirements.
(Sec. 213) Sets forth eligibility requirements for section 8 housing assistance vouchers.
(Sec. 214) Requires Indian Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.
(Sec. 215) Permits HUD to insure home equity conversion mortgages (HECMs or reverse mortgages) for elderly homeowners through FY2017, notwithstanding limitations on insurance authority included in the National Housing Act.
(Sec. 216) Sets forth requirements for HUD to maintain section 8 assistance on multifamily housing that is held or owned by HUD.
(Sec. 217) Permits Community Development Loan Guarantee funds to be used to guarantee notes or other obligations issued by any state on behalf of its non-entitlement communities.
(Sec. 218) Permits certain PHAs that own and operate 400 or fewer public housing units to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.
(Sec. 219) Prohibits HUD from using public housing funds to impose 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.
(Sec. 220) Prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.
(Sec. 221) Requires HUD to publish on the Internet all competitively awarded Notices of Funding Availability for FY2017 and subsequent years.
(Sec. 222) Sets forth limitations and reporting requirements for the payment of attorney fees in program-related litigation.
(Sec. 223) Sets forth requirements for transferring and reprogramming funds within specified HUD Administrative Support Office and Program Office Salaries and Expenses accounts.
(Sec. 224) Permits the Disaster Housing Assistance Programs administered by HUD to be considered HUD programs for the purpose of income verification and matching.
(Sec. 225) Requires HUD to take specified actions against owners who are receiving rental subsidies and do not maintain safe properties.
(Sec. 226) Limits compensation for PHA officials and employees.
(Sec. 227) Amends the United States Housing Act of 1937 to extend the HOPE VI program through FY2017. (The program provides funds to renovate or demolish existing public housing and replace it with mixed-income housing.)
(Sec. 228) Requires HUD to notify Congress prior to announcing the recipients of grant awards.
(Sec. 229) Prohibits funds provided by this bill from being used to require or enforce the Physical Needs Assessment (PNA).
(Sec. 230) Prohibits funds provided by this bill or receipts collected under FHA programs from being used to implement the Homeowners Armed with Knowledge (HAWK) program.
(Sec. 231) Prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this bill to finance mortgages for properties that have been subject to eminent domain.
(Sec. 232) Prohibits the use of funds made available by this bill to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.
(Sec. 233) Permits Office of Policy Development and Research funds for research, evaluation, and statistical purposes that are unexpended at the completion of a contract, grant or cooperative agreement to be used for additional research, subject to reprogramming requirements.
(Sec. 234) Prohibits funds provided by this title from being used to pay a bonus to an employee who is subject to administrative discipline, including suspension from work.
(Sec. 235) Permits HUD to use funds provided for Homeless Assistance Grants to participate in the multiagency Performance Partnerships Pilots program on a limited basis.
(Sec. 236) Permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for 2015, 2016 and 2017 Continuum of Care funds. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)
(Sec. 237) Permits HUD to consolidate funds used to manage disaster recovery grants.
(Sec. 238) Amends the Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and the Toxic Substances Control Act to treat zero-bedroom dwellings in the same manner as other housing units, for the purposes of grants and other provisions of the laws.
(Sec. 239) Allows PHAs to establish replacement reserves to address capital needs.
(Sec. 240) Amends the United States Housing Act of 1937 to change the requirements for the family unification program.
(Sec. 241) Permits HUD to establish a demonstration program to provide incentives to PHAs that reduce energy or water consumption.
(Sec. 242) Amends the Department of Housing and Urban Development Appropriations Act, 2008 to repeal the requirement for HUD to report annually to Congress on the number and cost of federally assisted units under lease.
(Sec. 243) Permits HUD to provide mobility counseling to housing choice voucher participants to encourage families to move to lower-poverty areas and expand access to opportunity areas.
(Sec. 244) Amends the Department of Housing and Urban Development Appropriations Act, 2012 to modify requirements for the Rental Assistance Demonstration program.
(Sec. 245) Permits HUD to implement through notice a provision of the Fixing America's Surface Transportation Act regarding the review of tenant incomes. Requires HUD to begin the rulemaking process within six months of issuing the notice.
(Sec. 246) Permits HUD to use funds provided for the Continuum of Care (CoC) program to renew a specified grant awarded in the Supplemental Appropriations Act, 2008. Permits the state of Louisiana to continue to permit a program participant to receive or retain tenant-based rental assistance outside the CoC's geographic area without the funding of the assistance being considered the operation of a CoC in more than one geographic area.
(Sec. 247) Amends the McKinney-Vento Homeless Assistance Act to permit HUD to award one-year transition grants to recipients to transition from one CoC program component to another.
TITLE III--RELATED AGENCIES
Provides FY2017 appropriations to:
TITLE IV--GENERAL PROVISIONS--THIS ACT
Sets forth permissible and prohibited uses for funds provided by this and other appropriations Acts.
(Sec. 401) Prohibits funds provided by this bill from being used to compensate or pay the expenses of non-federal parties intervening in regulatory or adjudicatory proceedings funded in this bill.
(Sec. 402) Prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless expressly permitted in this bill.
(Sec. 403) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law.
(Sec. 404) Prohibits the use of funds provided by this bill for employee training not specifically related to the performance of official duties.
(Sec. 405) Specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this bill.
(Sec. 406) Permits up to 50% of unobligated balances remaining at the end of FY2017 from appropriations for salaries and expenses to remain available through FY2018, subject to congressional approval and reprogramming guidelines.
(Sec. 407) Prohibits funds provided by this bill from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.
(Sec. 408) Prohibits the transfer of funds provided by this bill to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations Act.
(Sec. 409) Prohibits the use of funds provided by this bill to permanently replace an employee intent on returning to his or her previous occupation after completing military service.
(Sec. 410) Requires expenditures of funds provided by this bill to comply with the Buy American Act.
(Sec. 411) Prohibits funds provided by this bill from being made available to any person or entity that has been convicted of violating the Buy American Act.
(Sec. 412) Prohibits funds provided by this bill from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.
(Sec. 413) Prohibits the use of funds provided by this bill to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.
(Sec. 414) Restricts the number of employees that agencies funded in this bill may send to international conferences.
(Sec. 415) Limits Surface Transportation Board fees for the filing of rate or practice complaints.
(Sec. 416) Prohibits funds provided by this bill from being used to purchase new light-duty vehicles, except in accordance with Presidential Memorandum- Federal Fleet Performance, which establishes requirements for purchasing alternative fueled vehicles.
Placed on the Union Calendar, Calendar No. 472.
Second cloture on the conference report not invoked in Senate by Yea-Nay Vote. 52 - 46. Record Vote Number: 135. (consideration: CR S5229-5240; text: CR S5239)
Introduced in Senate
Committee on Appropriations. Original measure reported to Senate by Senator Collins. With written report No. 114-243.
Committee on Appropriations. Original measure reported to Senate by Senator Collins. With written report No. 114-243.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 433.
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